HomeMy WebLinkAbout89-130 DN: B/L
AMENDED
BY-LAW*. ...........
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89- 130
being a By-law to authorize the entering into an Agreement with the applicant of
Plan of Subdivision 18T-89013 and the Corporation of the Town of Newcastle for
the development of Plan of Subdivision 18T-89013. (Liza Developments)
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 the applicant of Plan of Subdivision 18T-89013 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 24th day of July 1989
BY-LAW read a second time this 24th day of July 1989
BY-LAW read a third time and finally passed this 24th day of
July 1989.
MAYOR
CLERK
t
N
D
' E
X
' THE CORPORATION OF THE TOWN OF -----
NEWCASTLE SUBDIVISION AGREEMENT
WITH 621182 ONTARIO LIMITED
' DRAFT PLAN NO. 18T-89013
' Q1182 ONTARIO LIMITED
SUBDIVISION AGREEMENT WITH
THE CORPORATION OF THE TOWN OF NEWCASTLE
' DRAFT PLAN NO. 18T-89013
PLAN 40M-1688
' All of Lots 13, 14, 15, 16, 17, 19 and 21, Part
of Lots 11, 12, 18, 20 and 22, Block E, part of
' Porter Street, all of Lots 62, 64, 66, 68, 70 to 90
inclusive, Block C, part of Winnstanley Street,
Porter and Bradshaw Plan being part of Lot 9,
' Concession 2, and Part of Lot 9, Concession 2,
Geographic Township of Darlington, Town of Newcastle,
Regional Municipality of Durham, designated as Parts
' 1, 2, 3 and 4 on Plan 1OR-4019
' INDEX
' 1. Subdivision Agreement registered as Instrument No. LT572713
2. Certificate of Solicitor
' 3. Application by Municipality for Inhibiting Order registered as Instrument No.
LT580105
' TRANSFERS REQUIRED PURSUANT TO SUBDIVISION AGREEMENT
Transfers of Easements
IntraDlan Easements
' Nil
' Extraplan Easements
Nil
' Transfers of Fee SimQle
' Intranlan Transfers
4. Transfer of.
' (i) Reserves;
(ii) turning circle
' registered as Instrument No. LT582526.
' Fxtraplan Transfers
Nil
DYE d DURHAM CO.LIMME
r • Foam No.986
i Province Document General
—v^ Ontario Form 4—Land Registration Reform Act,1984
(1) Registry ❑ Land Titles.Kl (2) Page 1 ofd p-3 pages
(3) Property Block Property
Identifiers) Additional:See
Schedule
(4)Nature of Document
Notice of Subdivision Agreement(Section 74 of the Act)
}
Consideration
NA Dollars a
(8)Description
Ij CSj Parcel 9-3, Section Con. 2 (Bowmanville)
. being all of Lots 13, 14, 15, 16, 17, 19 and 21, Part of Lots 11,
12, 18,20 and 22,Block E,part of Porter Street, all of Lots 62,
Cn 64, 66, 68, 70 to 90 inclusive, Block C, part of Winnstanley
Street, Porter and Bradshaw Plan being part of Lot 9,
New Property Identifiers Additional: Concession 2 and part of Lot 9, Concession 2, Geographic
q e ❑ Township of Darlington, Town of Newcastle, Regional
edule
Municipality of Durham designated as Parts 1, 2, 3 and 4 on
s
'r V (a) edescription 1 (b)Schedule for:
Additional: Document New Easement Additional
Scchedule ❑ Cone Plan/Sketch ❑ j Description ❑ Parties ❑ Other ❑
S)TIft Document provides as follows:
t i �
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of 621182 Ontario Limited as Parcel 9-3, Section Con. 2 (Bowmanville)
rt Newcastle and hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of
Subdivision Agreement in the Register for the said Parcel.
Continued on Schedule ❑
"This Document relNes to Instrument number(s)
t
{10) Rarty(ies)(Set out Status or Interest)
Name(s) Signature(s) Date of Signature
THE.CURPORATION.OF THE TOWN. . . . . . . . . . . . .� '. �. . 1991 . I
OF NEWCASTLE by it solicitors Nicholas T. Macos
SHIBL•EY.RIGHTON per.Nicholas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . .
T. Macos
l
(11)Address
for Service J=perance Street, Bowmanvillg, Ontario LIC 3A6
{iit)parly(ies) (Set out Status or Interest)
Name(s) Signature(s) DYte of S^gnaturpe
'k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .
{19)Address
r a for Service
(14j Municipal Address of property (15) Document Prepared by: } Fees and Tax
J
Registration Fee
#; not assigned Shibley Righton 0 —
Barristers & Solicitors
Suite 1800
k
401 Bay Street LL
Toronto, Ontario M51-1 2Z1
Attn: Nicholas T. Macos ° Total
I
11011'4(12ra4)
Page 2
THIS AGREEMENT made in quintuplicate as of this 14th day of November, 1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
621182 ONTARIO LIMITED
- and
ROYAL BANK OF CANADA and
NATIONAL TRUST COMPANY
SUBDIVISION AGREEMENT
Page 3
INDEX
ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . 7
1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ARTICLE2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.1 Recitals in Operative Part of Agreement . . . . . . . . . . . . . . . . . . . . . 12
2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.3 Copy of Plan and Agreements Required . . . . . . . . . . . . . . . . . . . . . . 13
2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.6 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.7 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.8 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2.9 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2.10 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2.11 Renegotiation and Amendment of Agreement . . . . . . . . . . . . . . . . . . 15
2.12 Town to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.13 Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.14 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . . 17
2.15 Notification of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE3 - FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.1 Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.2 Payment of Local Improvement Charges . . . . . . . . . . . . . . . . . . . . . 18
33 Payment of Drainage Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3APayment of Development Levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.6 Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.8 Indemnification of Town . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 20
39 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.10 Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.12 Requirements for Release of Performance Guarantee . . . . . . . . . . . . 22
3.13 Requirements for Release of Maintenance Guarantee . . . . . . . . . . . . 23
3.14 Payment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.16 Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
t *
Page 4
ARTICLE4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4.1 .. Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . 25
43 Use of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.6 Requirements for Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
4.8 Architectural Control Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4.10 Requirements for Occupancy Permit . . . . . . . . . . . . . . . . . . . . . . . . 32
4.11 Cash in Lieu of Lands for Park or Other Public Recreational
Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4.12 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5.1 Town Works Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5.2 Utilities and Services Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5.5 Approval of Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5.6 Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . 39
5.7 Staging of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5.9 Approval of Works Cost Estimates and Stage Cost Estimates . . . . . . 40
5.10 Requirements for Authorization to Commence Works . . . . . . . . . . . . 40
5.11 Requirements for Commencement of Subsequent Stages of Works . . . 43
5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5.13 Construction in Accordance with Engineering Drawings . . . . . . . . . . 44
5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.15 Completion Time for Construction of Works . . . . . . . . . . . . . . . . . . 44
5.16 Minor Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5.17 Incomplete or Faulty Works and Liens 45
5.18 Entry for Emergency Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5.19 Damage to Eadsting Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
5.20 Damage to Neighbouring Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5.21 Use of Works by Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5.22 Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . . 49
5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . . 50
5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . 50
5.25 Ownership of Works by Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
{
Page 5
526 Requirements for Certificate of Release . . . . . . . . . . . . . . . . . . . . . . 51
5.27 External and/or Oversized Services . . . . . . . . . . . . . . . . . . . . . . . . . 51
5.28- Financial Contributions for Certain External Works . . . . . . . . . . . . . 56
5.29 Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . . . 57
ARTICLE 6 - COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . . 57
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . . 57
ARTICLE 8 - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . 9 . . 9 9 . . . 9 . . . . . 57
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . . 58
SCHEDULES TO AGREEMENT
Schedule "A" - "Legal Description of the Lands"
Schedule "B" - "Plan of Subdivision (reduction)"
i Schedule "C" - "Charges Against the Lands"
Schedule "D" - "Development Levies"
Schedule "E" - Not Used
Schedule "F" - "Lands to be Transferred to Town and/or Cash to be Paid in
Lieu Thereof
Schedule "G" - "Works Required"
Schedule "G-1" - "Staging Plan"
Schedule "H" "Utilities and Services Required"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "J" "Works Cost Estimates"
Schedule "K" "Insurance Required"
Schedule "L" "Regulations for Construction"
Schedule "M" "Use of the Lands"
Schedule "N" - "Land Unsuitable for Building"
Schedule "O" - Not Used
Schedule "P" = "External and/or Oversized Services"
Schedule "P-1" "Financial Contributions for Certain External Works"
Schedule "Q" - "Conservation Authority's Work"
Schedule "R" - "Engineering and Inspection Fees"
Schedule "S" - "Region's Conditions of Approval"
Schedule IP - Not Used
Schedule "U" - "Landscaping Plan" (reduction)
Schedule "N" - "Requirements of Other Agencies"
Schedule "W" - "Architectural Control Standards"
Page 6
THIS AGREEMENT made in quintuplicate as of this 14th day of November, 1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
621182 ONTARIO LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA and
NATIONAL TRUST COMPANY
(hereinafter collectively called the "Mortgagees")
OF THE THIRD PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto, and are hereinafter called the "Lands";
B The Owner represents and warrants that subject to Recital C it is the
P J
registered Owner of the Lands in fee simple absolute;
C The Owner represents and warrants that there are no other mortgagees or
chargee of the Lands than each of the Mortgagees;
D The Owner has received the approval of the Regional Municipality of
Durham, (hereinafter called the "Region") to draft Plan of Subdivision 18T-89013 of the
Lands subject to compliance with certain conditions thereto including the making of
Subdivision Agreements with the Region and the Town, respectively;
' I
Page 7
E 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;
F 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
Services';
G 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-89013;
H This Agreement is made pursuant to the provisions of Subsection 50(6) of
the Planning Act, 1983 and is authorized by By-law 89-130 passed on July 24, 1989 as
amended by By-law No. 91-193 passed on November 18, 1991;
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 S HED LES
1.1 Definitions
(1) In this Agreement the term:
(a) "Act" has the meaning assigned to it in paragraph 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) "Benefiting Area" has the meaning assigned to it in paragraph 5.27(3) of this
Agreement.
Page 8
(e) "Bradshaw Street Urban Upgrading Work" has the meaning assigned to it in
Schedule "G" of this Agreement.
(f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
rof this Agreement.
(h) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(i) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(j} "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule G of this Agreement.
k "Council" means the Council of The Corporation of the Town of Newcastle.
( ) "Damaged" ed Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(m) 'Designated Areas" has the meaning assigned to it in paragraph 5.27(4) of
this Agreement.
( ) "Development" ment Charge By-law" has the meaning assigned to it in paragraph
3.4(2) of this Agreement.
(o) 'Development Levies" has the meaning assigned to it in Schedule "D" of this
Agreement.
(p) "Director" means the Director of Public Works of the Town of Newcastle or
his designated representative.
(q) 'Director of Community Services" means the Director of Community Services
of the Town of Newcastle or his designated representative.
(r) "Director of Planning" means the Director of Planning and Development of
the Town of Newcastle or his designated representative.
4
Page 9
(s) "Engineering Drawings"has the meaning assigned to it in paragraph 5.5 of this
Agreement.
(t) "External and/or Oversized Services" has the meaning assigned to it in
paragraph 5.27(1) of this Agreement.
(u) "40M Plan"has the meaning assigned to it in paragraph 2.3 of this Agreement.
(v) "Front-Ending Agreement"has the meaning assigned to it in paragraph 5.27(3)
of this Agreement.
(w) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
(x) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(y) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(z) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(aa) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
" h meaning assigned 1
(bb) Maintenance Guarantee has eam gas gned to it m paragraph 3.10( )
of this Agreement.
(cc) "Meares Avenue Urban Upgrading Work" has the meaning assigned to it in
Schedule T-1" of this Agreement.
(dd) "Minister" means the Minister of Municipal Affairs, Ontario.
(ee) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(ff) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(5) of this
Agreement.
(gg) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(6) of
this Agreement.
4
Page 10
(hh) "Occupancy Permit"has the meaning assigned to it in paragraph 4.10(1)of this
Agreement.
(ii) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(jj) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2)
of this Agreement.
(kk) "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.
(ll) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario.
(mm) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(nn) "Property Frontage Charges" has the meaning assigned to it in paragraph
5.27(4) of this Agreement.
(oo) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(pp) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(qq) "Region"shall mean the Corporation of the Regional Municipality of Durham.
(rr) "Reconstruction Work" has the meaning assigned to it in Schedule"G" of this
Agreement.
(ss) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(tt) "Services" has the meaning assigned to it in paragraph 5.27(5) of this
Agreement.
(uu) "Security for the Maintenance Guarantee" has the meaning assigned to it in
aragraph 3.10(2) of this Agreement.
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(w) "Solicitor" means the Solicitor for the Town.
(ww) "Soper Creek West Branch Drainage Outfall System" has the meaning
assigned to it in Schedule "P-1" of this Agreement.
(xx) "Storm Sewer System M " 11 has the meaning assigned to it in Schedule G of this
Agreement.
(yy) "Storm Sewer Oversizing Work (Plan 18T-88024)" has the meaning assigned
to it in Schedule "P-1" of this Agreement.
(zz) "Storm Sewer Oversizing Work (Plan 18T-89013)" has the meaning assigned
to it in Schedule "G" of this Agreement.
(aaa) 'Town" means The Corporation of the Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
(bbb) 'Treasurer" means the Treasurer of the Town of Newcastle or his designated
representative.
(ccc) "Utilities and Services"means the utilities and services referred to in Schedule
"H" of this Agreement.
(ddd) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(eee) "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 b which
( ) F � Y
the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(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:
,
Page 12
Schedule "A" - "Legal Description of the Lands"
Schedule "B" - "Plan of Subdivision (reduction)"
Schedule "C" - "Charges Against the Lands"
Schedule "D" - "Development Levies"
Schedule "E" - Not Used
Schedule "F" - "Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof"
Schedule "G" - "Works Required"
Schedule "G-1" - "Staging Plan"
Schedule "H" - "Utilities and Services Required"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "J" - "Works Cost Estimates"
Schedule W - "Insurance Required"
Schedule "L" - "Regulations for Construction"
Schedule "M" - "Use of the Lands"
Schedule "N" - "Land Unsuitable for Building"
Schedule "O" - Not Used
Schedule "P" - "External and/or Oversized Services"
Schedule "P-1" - "Financial Contributions for Certain External Works"
Schedule "Q" - "Conservation Authority's Work"
Schedule 'R" - "Engineering and Inspection Fees"
Schedule "S" - "Region's Conditions of Approval"
Schedule "T" - Not Used
Schedule "U" - "Landscaping Plan' (reduction)
Schedule "V" - "Requirements of Other Agencies"
Schedule "W" "Architectural Control Standards"
ARTICLE 2 - !GENE
2.1 Recitals in Operative Part of Agreement
The Owner represents and warrants to the Town that each of Recitals A to G of
this Agreement is correct.
2.2 Certification of Ownership
r
(1) On the 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.
Page 13
(2) On the 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.
23 CODV of Plan and Agreements Required
On 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 "44M 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 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 (1) 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
tthe 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, registration of such transfers
against the title to the lands to which they apply. Such transfers shall be free and
rclear 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.
Page 14
i
(2) It subsequent to the date of registration of any Plan of Subdivision of the Lands or
a plan(s) 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 lot(s)or block(s),
in the opinion of the Director further easements 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 a sfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Town executed
transfers, sufficient to vest in the Town title in fee simple absolute 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 Not Used
2.7 RAMIstration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall 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 block(s) which
are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved
and registered against title, the registered number of the Plan shall be left blank and the
Owner hereby authorizes the Town to insert such Plan number after registration of the
Plan.
Page 15
2.8 ftstponernent of Mort gage
Each of the Mortgagees hereby postpones its mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed and registered prior
to the mortgage. In the event that (1) either of the Mortgagees obtains an order of
foreclosure against the Owner, (2) either of the Mortgagees directly or indirectly takes
possession of the Lands, or (3) the Lands are sold after default occurs under either
mortgage, the Lands shall not be used or developed by any person otherwise than in
conformity with the provisions of this Agreement. In order to give further assurance to the
Town,each of the Mortgagees at its cost shall execute a separate Postponement Agreement
containing terms satisfactory to the Town's Solicitor forthwith after being requested to do
so by notice given in writing to the Mortgagee and to deliver the same to the Town.
29 Chian on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
i
2.10 L�strzt •n f en• t
The Owner and the Mortgagees hereby consent to the registration of this A greement
or a notice thereof against the title to the Lands. Neither the Owner nor the Mortgagees
will 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 and the Mortgagees also hereby consent
to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands
or the relevant portion(s) thereof as the case may be, in order to give further effect to the
foregoing and acknowledge that the Town has reasonable cause to register an Inhibiting
Order(s) or Caution(s) as the case may be.
2.11 Renegotiation and Amendment of Agreement
(1) Following the occurrence of any of the events set out below in this paragraph 2.11
(the "Renegotiation Events"), the Town may give written notice to the Owner
requiring that particular 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
Page 16
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 40M 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;
(iii) 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, affect 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 wi thin
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 'vin of written notice as aforesaid requiring the renegotiation
giving q
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 termination of this Agreement by the Town declaring it to be terminated in
accordance with paragraph 2.11(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
tTown 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 and Article 7 of this
' Agreement will survive the termination of this Agreement pursuant to paragraph
Page 17
and
2.11(l), paragraphs, 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 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 2.11(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 seals and hands of the proper officers of each Party.
2.12 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 all respects and the Town and its officials shall act reasonably.
2.13 Assignment of Agreement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.13
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.14 Replacement of Draft Plan with Final Plan(s)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement,
only a red-lined copy of draft Plan of Subdivision 18T-89013 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 40M Plan proposed
by the Owner is also contained in Schedule "B".
(2) On a final Plan of Subdivision implementing Plan 18T-89013 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-89013 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',"G",
"N", "O", "P"and "Q", in order to replace the descriptions and references to the red-
f
Page 18
lined draft Plan of Subdivision 18T-89013 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.15 Notification of Ownerr
If any notice or other document is required 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:
6211$2 Ontario Limited
30 Wertheim Court, #9
Richmond Hill, Ontario
LAB 1B9
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.
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their 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 municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
' 3.2 PgMent of Local Improvement
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.
Page 19
3.3 PIMent of Drainage Charges
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
Drainage Act, R.S.O. 1980, c.500 against the Lands, as set out in Schedule "C" 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 Owner shall pay all Development Levies (as defined in Schedule D ) in the
amounts and at the times set out in Schedule"D"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) Without derogating from paragraphs 5.27(6), 5.28(1), 5.28(2), 5.28(3), 5.28(4) and
5.29, the Parties acknowledge and agree that none of the provisions of this
Agreement, including but not limited to paragraph 3.4 and Schedules "D", "G", "P"
and "P-1", are intended nor shall they 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 development of the Lands, a development charge that
after the date of this Agreement may be imposed by the Town by passing a By-law
(the"Development Charge By-law") under the Development Charges Act, 1989 (the
"Act"), and none of them shall be used as a justification for or the basis of granting
the Owner a credit of any amount in determining the development charge payable
by the Owner under such By-law and Act. Further, without limiting the generality
of the foregoing, 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 a development charge otherwise imposed by a Development
Charge By-law which is not in excess of the amount of the Development 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-law.
r
3.5 Cash in Lieu of Land Dedication Page 20
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 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the 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 paragraphs 5.13(2),5.28(1)and 5.28(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
Authorization Application has been made by the Owner plus the amounts required by
paragraphs 5.28(1) and 5.28(2). (The cash deposit(s) or letter(s) of credit which is (are) to
be deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this
rAgreement are called the "Performance Guarantee".)
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or any one or more portions of the
Performance Guarantee up to an amounts)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.$ Indeinnification of Town
(
1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions,claims,liabilities,losses,damages and expenses including reasonable legal
fees which arise by reason of or are caused in whole 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
Page 21
'
Owner and notwithstanding an arrangements that may be made by the Town with
Own g Y g
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 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 "K" of this Agreement on or prior to the execution of this
Agreement and thereafter in accordance with Schedule "K".
' 3.10 Maintenance Guarantee Required
(1) From the date of issuance of a Certificate of Completion 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 Guarantee"). The Owner shall be given written notice of any such
deficiency or defect by the Director 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 below:
' t
Page 22
(1) Storm Sewer System" (as hereafter defined) including the "Storm Sewer
' Work 7.4as hereafter defined): a minimum of two (2) years commencing on
the date of issuance of the Certificate of Completion for the Storm Sewer
System and terminating on the date of issuance of the Certificate of
Acceptance for the Storm Sewer System.
(2) "Bradshaw Street Urban Uarading Work"(as hereafter defined) a minimum
of two (2) years commencing on the date of issuance of the Certificate of
Completion for the Bradshaw Street Urban Upgrading Work and terminating
on the date of issuance of the Certificate of Acceptance for the Bradshaw
Street Urban Upgrading Work.
(3) Roads and Above Ground Services: a minimum of two (2)years commencing
on the date of issuance of the Certificate of Completion for the roads and
above ground services and terminating on the date of issuance of the
Certificate of Acceptance for the roads and above ground services.
3.11 Use of Maintenance Guarantee
i
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 the 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 defect(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 Requirements 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 after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. 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 value of the completed Works,facilities and services, also determined
by the Director having regard to the Progress Certificate prepared by the Owner's
t
Page 23
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 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
foutstanding claims to such Works.
' 3.13 Reguirements for Release of Maintenance Guarantee
tThe 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.
j (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 Foment 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 notice is given
to the Owner containing reasonable particulars thereof, the Owner shall reimburse
F
Page 24
the Town for all reasonable legal, planning, 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 regular
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 payable by a ratepayer
of the Town at the date on which the default in question commences.
3.16 Occ angy Permit Doosit
(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 of twenty
thousand ($20,000.00) 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
1 the Town's Treasurer. 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 comply with the requirements of
er' behalf and n that the
a h 4.10 on the Own s at the Owner's cost. In the event paragraph
. F
Page 25
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 twenty
thousand($20,000.00)dollars. The Occupancy Permit Deposit or the unused portion
ithereof 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 40M 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 replaced 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 lots $10,000.00
51 to 100 lots $15,000.00
101 to 250 lots $20,000.00
251 to 500 lots $30,000.00
over 500 lots $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 LandscaRing Plan and Landscaping Reguirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of Planning and the Director of Public
' Works to a "Landscaping Plan" (as hereafter defined).
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning 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
Page 26
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
ithe aforesaid Directors and approved by them, it is the "Landscaping Plan" for the
purposes of this Agreement.
(3) The Parties acknowledge that the Landscaping Plan 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(5);
' um of three point five 3.5 m in height and six 6
(c) all trees shall be a minimum p ( ) g ( )
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, other than noise fencing the height of which is specified in paragraph
4.12(6) 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 landscaping 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 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
Page 27
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 ..ands Unsuitable for Building
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in
Schedule"N" hereto are unsuitable for building purposes. The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s)or block(s)until the conditions set out in Schedule "N" for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning.
4.5 Lands Requiring Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any lot(s) or block(s) within the Plan which are set out
in Schedule "O" until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot(s) or block(s) under Section 40 of the Planning Act,
1983, provided that any application for a building permit shall comply in all respects with
the terms of the said Site Plan Agreement and all applicable laws.
4.6 Requirements for Building Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
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 following requirements are satisfied:
Page 28
a all easements for the purposes of the Town, the Region of Durham or the Newcastle
( ) wP
Hydro-Electric Commission or for the purpose of Utilities and Services referred to
' in Schedule "H", or for the purpose of drainage in the 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
tproposed 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 pay or 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 the Land Registry Office);
(f) the Development Levies required to be paid by the Owner to the Town pursuant to
paragraph 3.4 and Schedule "D" 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) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the
conditions with respect to the development of such lot(s) or block(s) set out in
paragraph 4.4 of this Agreement;
Page 29
(i) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "O", the Owner has entered into a Site
Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the
development of such lot(s) or block(s) in accordance with paragraph 4.5 of this
Agreement;
(j) the Performance Guarantee and in all cases required by this Agreement,the Security
rfor the Maintenance Guarantee provided for in this Agreement have been deposited
with the Town and are in good standing;
(k) the applicant has submitted a Site Plan satisfactory to the Director and certified as
tbeing 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 particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(1) 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;
(m) (i) the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of Subsection 32.5.2(6) of the Ontario Building Code and
1 has installed all necessary watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for 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;
(iii) 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);
Page 30
(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;
(n) 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
Architectural Control Standards contained in Schedule "W" hereto; and
(o) 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
Ithat:
(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 b uildin g p ermit 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
block(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 approval 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 model 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.
Page 31
' 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-law, the provisions of
paragraph 3.16 shall I apply and shall be complied with by the Owner on each
occasion that such 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 model 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 ftuirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not
sell the Lands or any one (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 2.7;
(b) where a building permit has not been issued in respect of a lot(s) or block(s) shown
on the Plan 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
' Hydra-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,
i
Page 32
(c) the Owner has obtained from such prospective purchaser of a lot(s) 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
r
(e) the Owner has included in the Agreement to purchase the Lands o 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 paragraphs 4.12(7), 4.12(8) and Article 7 in respect of the
obligations of subsequent owners;
4.10 Rgquirements for Occupangy Permit
(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
ioccupied 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 the application
of the base course of asphalt, to the written satisfaction of the Director and
i 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 cable
T.V., which are required to be constructed, installed and connected to the
ibuilding pursuant to Schedule "H", have been so constructed, installed and
Page 33
connected to the written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
and Services as is appropriate;
Utilities
h been connected to and is serviced a water supply
' (d) the building as a co by 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 Plan, 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 block(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) Prior to the issuance of a 'Temporary Occupancy Permit" referred to in Section
' 4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director,
shall confirm in writing to the Director of Planning that the proposed dwelling(s)
has been constructed in accordance with the approved "Noise Impact Study" (as
hereafter defined) referred to in paragraphs 4.12(6) and 4.12(10) of this Agreement.
' in he provisions of paragraph 4.1 1 e the Owner may be issued
(3) Notwithstanding t p 0( )( ), y
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
comply with the requirements of paragraph 4.10(e) by reason of seasonal, weather
or other conditions which are considered by the Director, in his discretion, to be
beyond the control 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(i)(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(1)(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 Purposes Page 34
On the execution of this Agreement, the Owner shall pay to the Town in cash 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 "P.
' 4.12 Special Conditions
(1) Block 105 shown on the draft 40M Plan shall not be developed except in conjunction
with the development of the lands which abut it. The aforesaid Block shall be
maintained by the Owner in a graded, sodded or seeded and clean condition until
developed.
(2) The Owner shall implement those noise control measures as recommended in the
' Noise Impact Study as described in Abatement Measures referred to in paragraph
4.12(6)
(3) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
(4) In cases in which the well or private water supply of any person is interfered with
either as a result of the grading of, construction on, or the development of the Lands
or any portion of the Lands, or as a result of the construction or installation of any
of the Works, the Owner, at its cost, either shall connect the affected person to the
municipal water supply system or shall provide a new well or private water system
so that water supplied to the affected person shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected person prior to the
interference.
(5) The Owner shall pay to the Town the Owner's share of the costs of the Stormwater
' Management works on the West Branch of the Soper Creek for which this
development is tributary(the "Soper Creek West Branch Drainage Outfall System")
' in accordance with this paragraph 4.12(5). These works are described in the Master
Drainage Plan for the West Branch of the Soper Creek, prepared by Marshall
Macklin Monaghan Ltd., dated June, 1989, as approved by the Director and on file
' with the Director. The total estimated costs of these works and the Owner's share
thereof are set out in the Cost Sharing Report for Implementation of the Master
Drainage Plan for the West Branch of the Soper. Creek prepared by Marshall
Macklin Monaghan Ltd. dated May, 1990 as approved by the Director and on file
with the Director. They are also set out in Schedule"J"and"P-1". Upon completion
of these works the total estimated costs and the Owner's share thereof shall be
updated to reflect the"as constructed" costs of the works and the then current dollar
Page 35
value thereof as determined by the Director. The Owner's share of the updated
costs of the Stormwater Management works on the West Branch of the Soper Creek
' shall be paid by the Owner to the Town prior to the expiry of the thirty (30) day
period which commences on the date of issuance of the Certificate of Completion
of these works by the Director. On the execution of this Agreement, the Owner
shall deliver to the Town's Treasurer an unconditional and irrevocable letter of credit
in the amount of one hundred and sixty-three thousand eight hundred and sixty
($163,860.00) dollars issued by a bank listed in Schedule "A" or Schedule "B" of the
Bank Act and acceptable to the Town's Treasurer and it shall be part of the
Performance Guarantee. The letter of credit shall contain terms satisfactory to the
' Town's Treasurer. The letter of credit is to secure performance by the Owner of its
covenant to pay its share of the costs of the works referred to in this paragraph
' 4.12(5).
(6) The Owner shall implement the specific noise recommendations contained in the
approved Final Noise Impact Study for Plan of Subdivision 18T-89013 dated July,
1989 as prepared by G.M. Sernas & Associates Ltd. (the "Noise Impact Study")
including those specific items noted below:
u m ma •f Recommended Abatement Measures
Number Lot Abatement Measures Location
1 52 Mandatory Central A/C East lot line abutting
1.8m Noise Fence Mearns Avenue.
' 7 The following Warning Clause "A" regarding outdoor noise levels shall be attached
( ) 8 g g 8
' to all Offers of Purchase and Sale of dwellings for the following lots on the 40M
Plan:
Lot 55.
"Purchasers are advised that despite the inclusion of noise control
features within the development area and within the individual
dwelling units,noise levels may continue to be of concern,occasionally
' interfering with some activities of the building occupants."
(8) The following Warning Clause "B" regarding outdoor noise levels shall be attached
to all Offers of Purchase and Sale of dwellings for the following lots on the 40M
Plan:
Lots 9, 44, 50, 51, 53, 54. Page 36
wMis dwelling unit was fitted with a forced air heating system and
ducting sized to accommodate a central air conditioning condenser
unit. (NOTE: Care should be taken to ensure that the condenser unit
is located in an area that is not sensitive to noise)".
(9) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
' (10) The Owner shall implement the recommendations contained in the Noise Impact
Study. Without limiting the foregoing, the Owner shall:
(a) construct one point eight (1.8) metre high acoustical noise barrier fencing on
the relevant lots and blocks referred to in the Noise Impact Study;
(b) place on title appropriate warning clauses for each of the lot(s) or block(s)
in question in accordance with paragraphs 4.12(7) and 4.12(8); and
(c) by implementing the construction techniques described in the Noise Impact
Study, construct each dwelling in accordance with that Study. `
(11) Any deadends and/or open side of road(s) allowances created by this draft Plan
shall be terminated in zero point three (0.3) metre reserve(s) which shall be
' transferred to the Town. Paragraphs 2.5 and 2.7 apply in respect of such transfers
with all changes necessary being considered to have been made to them and give
effect to this paragraph 4.12(12).
(12) In accordance with the "Staging Plan" (as hereafter defined) and notwithstanding
paragraph 5.15 of this Agreement, the Owner shall commence the reconstruction of
"Bradshaw Street Reconstruction Work" (as hereafter defined) in accordance with
the Engineering Drawings no later than the expiry of two (2)years from the date of
issuance of the Certificate of Completion for the first stage of construction of Works
provided for in the Staging Plan.
(13) Prior to the issuance of a building permit for a dwelling proposed to be constructed
on any of the lots referred to in paragraphs 4.12(6) and 4.12(10) the Owner shall
provide its Acoustic Engineer's written certificate to the Director certifying that the
builder's plans for the dwelling are in accordance with the Noise Impact Study.
(14) If the Director of Planning and Development considers it to be necessary having
regard for the configuration of Block 96 shown on draft Plan of Subdivision 18T-
Page 37
' 87033 from time to time, he may require any or all of Lots 1 to 4 inclusive, shown
on draft Plan of Subdivision 18T-89013 to be reconfigured and/or relocated,
provided that the provisions of the Town's By-law 84-63, as amended with respect
to such Lots are satisfied.
(15) Unless the Director gives the Owner written permission to the contrary, the Owner
shall not apply for or permit or suffer any person(s) to apply for building permits for
any of Lots 98 to 103, inclusive shown on the 40M Plan until a Certificate of
Completion of the reconstruction of the portion of Bradshaw Street situated to the
south of the 40M Plan has been issued by the Director and written notice of that
fact has been given to the Owner by the Director.
' (16) Unless the Director gives the Owner written permission to the contrary, the Owner
shall not apply for or permit or suffer any person(s) to apply for building permits for
any of Lots 1 to 24, inclusive shown on the 40M Plan until a Certificate of
Completion of the construction of the portion of Elephant Hill Drive abutting the
40M Plan to the west has been issued by the Director and written notice of that fact
has been given to the Owner by the Director.
ARTICLE 5 - PUBLIC WORKS
5.1 Town Works Required.
The Owner at the Owner's expense shall construct and install the facilities, services,
works, improvements and landscaping more particularly described in Schedule "G" hereto
that either are located within any portion(s) of the Lands or are "External and/or
Oversized Services" (as hereafter defined) referred to in paragraph 5.27 of this Agreement
(collectively in this Agreement 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 them 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".
I
Page 38
5.3 Owner's Engineer
The Owner shall retain a Professional Civil Engineer, registered by the Association
of Professional Engineers of Ontario(the"Owner's Engineer")who 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 Marshall Macklin Monaghan Limited has been retained as the Owner's
Engineer.
5.4 Nsign 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 shall be resolved
by the Director whose decision shall be final.
Owner shall provide and submit to the Director all necessary Engineering
(2) The Own p ry gin g
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 and maintenance of the Works. For
greater certainty,the Parties agree that the provisions of paragraphs 2.4 and 2.7 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 land 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 Annroval of Engineering Drawings
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval 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
Page 39
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 Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them.
5.6 Approval of Grading and Drainage 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 Plan 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 Staging of Construction
the commencement of construction and installation of an of the Works the
Prior to y ,
Director, in his discretion, may give written notice to the Owner requiring that the Owner
prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the
giving of such notice, the Owner shall prepare and submit to the Director of Public Works
and the Director of Planning for their consideration and approval a draft Staging Plan.
The Owner shall not proceed with the construction and installation of any Works until the
Staging Plan has been approved by the Director of Public Works and the Director of
Planning after any revisions required by them have been made to the draft Staging Plan.
Thereafter, the Owner shall proceed to construct and install the Works only in accordance
with such approved Staging Plan and any amendment which may be approved thereafter
by the Director of Planning and the Director of Public Works. The Staging Plan for the
purposes of this Agreement is the Plan contained in Schedule "G-1" attached hereto
provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended
from time to time with the written approval of the Director..
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Page 40
5.8 ARgroval of Schedule of Works
Prior to the issuance 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. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the construction and
installation of the Works is to be staged in accordance with the Staging Plan, prior to the
date of issuance of the Authorization to Commence Works for each stage provided in the
Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of
Works for such stage, and thereafter shall proceed to construct and install the Works,
Utilities and Services in such stage in compliance with the approved Schedule of Works,
and any amendment(s) thereto which may be approved by the Director.
5.9 Anoroval of Works Cost Estimates and Stage 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"J" hereto. In addition, if a Staging Plan
has been approved pursuant to paragraph 5.7, the Owner agrees that the estimated costs
of construction and installation of the Works for each stage in question, (the "Stage Cost
Estimates"), shall be approved by the Director and entered in Schedule "J" prior to the
issuance of an Authorization to Commence Works in that stage.
5.10 R�nirements for Authorization to Commence Works
1 The Owner shall not commence the construction or installation of an of the Works
( ) Y
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 all 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 Plan of Subdivision of the Lands has been registered against the title
to the Lands;
I
I �
i
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i Page 41
(c) the Owner has delivered to the Town (1) 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 23 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements and has delivered in
escrow the Escrowed Transfer to the Town in accordance with paragraphs 2.4
and 2.7 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, 2.6 and 4.11 of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the 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 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;
U)
the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 42
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 approvals of the Director of Public Works
j and the Director of Planning of the Staging Plan as provided in paragraph 5.7
of this Agreement;
r
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Page 42
(m) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(n) the Owner has received the written approval of the Director to the Works
Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of
this Agreement;
(o) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 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;
(p) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule "K" of this Agreement;
( the Owner has paid all costs required to be paid to the Town by paragraph
3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works;
(r) 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;
(s) the Owner has deposited with the Director written approval of all relevant
approving agencies including 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, the
written approval of the Minister of Natural Resources, and the written
approval of the Central Lake Ontario Conservation Authority; and
(t) the Owner has been issued a Road Occupation Permit with respect to the
relevant portion of Town highways to permit the construction of the Works;
(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)(d), (g), (h), (i), 0), (k),
(n), (o), (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
4 F
Page 43
approval of the Director under this paragraph 5.10(2), the Owner agrees 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 Rte+ quirements for Commencement of Subsegment Stages of Works
(1) Notwithstanding any other provision of this Agreement other than paragraphs
r5.11(2) and 5.11(3), if the Director has approved a Staging Plan for the said Lands,
the Owner shall require an Authorization to Commence Works for each stage
defined in the Staging Plan. If the Town has issued an Authorization to Commence
Works for a particular stage defined in the Staging Plan, an Authorization to
Commence Works for any subsequent stage of the Staging Plan shall not be issued
until:
n
(a) the Stage Cost Estimates for such stage has been approved by the Director
and entered in Schedule "J" hereto;
(b) the Owner has deposited with the Town the Performance Guarantee applying
to the stage for which the Owner is seeking such Authorization to Commence
Works; and
(c) the provisions of paragraphs 5.11(2) and/or 5.11(3), if either is applicable in
the particular circumstances, are satisfied.
(2) With regard to the'Bradshaw Street Urban Upgrading Work" (as hereafter defined)
and Authorization to Commence Works shall not be issued until an Authorization
to Commence Works has been issued with respect to that portion of Bradshaw
Street which is situated to the south of the 40M Plan.
(3) With regard to the construction of Ireland Street an Authorization to Commence
■ Works shall not be issued until an Authorization to Commence Work has been
issued with respect to that portion of Elephant Hill Drive which abuts the 40M Plan
to the west of that Plan.
5.12 InspUtion 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
3
Page 44
require the contractor to comply with 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 it 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 Construction in Accordance with Engineering Drawings
(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 Director 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 "U.
(2) The Owner shall keep the 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 its obligations under this paragraph 5.13(2), the
Town 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
f e deduction in question.
written notice of the amount o th u q
i fW
5.14 Sequence of Construction 0 or s
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.
SAS Comgletion Time for Construction 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
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Page 45
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 Faufty Works and Liens
(1) It 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 compliance with the provisions of this Agreement, or the Owner neglects
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 default 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) shall include
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Page 46
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 the 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 filing(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
default. 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 draw on and appropriate the whole or any
portion(s) of the Performance Guarantee to indemnify the Town against the costs
iand 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 any
one (1) or more construction lien claimants and costs, forthwith after the 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 f_____�or Emerged 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 the 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 Damage to Existing 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 pr services of the Town, the Region, or any utility authority or company or
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4 Page 47
(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 any
one (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 Damage to Neighbouring Wells
(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 shhe
"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 observation, 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 also
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
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Page 48
the Director, at no cost to the Town, a co of all data collected and all analyses
PY Ys
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,
inown 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
' (1) month of the completion of dewatering), in the opinion of the Town
Council, the Owner shall 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
private 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 least equal 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 !Ise of Works by Town
The Owner acknowledges and agrees that any of the Works may Y be used b the
Town and such other person(s) who is (are) authorized by the Town for any of 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
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Page 49
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 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 installation 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 law 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
{ ) g 8Y' g F F
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 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 Land Registry Office.
' S.23 Requirements for Certificate of Completion Page 50
' 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 Completion"). 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 and
' installation of such Works.
5.24 Raulrements for Certificate of Acceptance
The Owner acknowledges 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 Ovmer h,Ip of Works by Town
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.
Page 51
' 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 Release") 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 Release, the Certificate of Release 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 longest of the
maintenance periods set out in paragraph 3.10(3) for any of the Works, he
has found, placed or replaced all standard iron bars shown on the registered
final Plan of Subdivision of the Lands and has found, placed or replaced all
survey monuments at all block comers, the end of all curves, other than
corner roundings, and all points of change in direction or road(s) on such
Plan; and
c Town Council has b resolution, acknowledged that the Owner has satisfied
( ) Y � g
' 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 (1) 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 building
permits for dwellings on the Lands.
1 5.27 External andlor Oversized Services
(1) The external and/or oversized services which the Owner will construct and install
pursuant to this Agreement, or in respect of which the Owner is required to pay to
the Town part of the cost of their construction and installation, are the 'Bradshaw
Street Urban Upgrading Work" and the "Storm Sewer Oversizing Work (Plan 18T-
89013)". In this Agreement, the external and/or oversized services are called the
"External and/or Oversized Services". They are defined and, subject to the other
provisions of this paragraph 5.27, the Owner's financial responsibility in respect
Page 52
thereof under the current Town policy is described in Schedule "P" hereto. Upon
completion of the External and/or Oversized Services the "as-constructed cost"
thereof shall be determined by the Director. When written notice of the Director's
determination of the "as-constructed cost" is given to the Owner, reference to the
cost of the External and/or Oversized Services in this paragraph 527 and Schedule
"P" and to the Owner's financial responsibility in respect of them under the current
policy, shall be deemed to be a reference to the "as constructed cost" thereof.
(2) Nothing in this Agreement is intended by the Parties to be taken as fettering in any
way the Town Council in the exercise of its legislative discretion with regard to the
enactment of a Development Charge By-law pursuant to the Development Charges
Act, 1989 (the "Act").
(3) The Owner, at its cost, will construct and install the Bradshaw Street Urban
' Upgrading Work in accordance with this Agreement. If:
(i) the Town passes a Development Charge By-law under the Act which is
applicable to the Lands;
(ii) the Development Charge By-law comes into force; and
(iii) the Town Council is not required by the Ontario Municipal Board to repeal
the Development Charge By-law.
as soon as is reasonably practicable and legally possible after the By-law comes into
effect and any objection thereto has been resolved favourably to the By-law by the
Ontario Municipal Board, the Town and the Owner intend to enter into a "Front-
Ending Agreement" (as defined in the Act) pursuant to the Act with a term not to
' exceed ten (10) years from the later to occur of the date of the issuance of a
Certificate of Completion of the Bradshaw Street Urban Upgrading Work and the
' date of enactment of a Development Charge By-law by the Town, with each other
and with any persons who may wish to be a Party to such Agreement who own land
' within the Bradshaw Street Urban Upgrading Work "Benefiting Area" (as defined
in the Act)as may be described in such Agreement. While recognizing that changes
may be made by the Ontario Municipal Board pursuant to the Act, the Owner and
the Town hereby record their present intention that the Benefiting Area respecting
' the Bradshaw Street Urban Upgrading Work will be the area specified in Schedule
"P" and that each Owner of land within such Benefiting Area shall be responsible
to pay the portion of the cost of the Bradshaw Street Urban Upgrading Work which
is specified in Schedule"P". The Development Charge By-law and the Front-Ending
Agreement are intended to contain such other provisions satisfactory to the Town
that the Town considers to be necessary and desirable to implement the
i
t
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Page 53
requirements and provisions of the Act. Forthwith after the Bradshaw Street Urban
Upgrading Work Front-Ending Agreement is made, the Town shall process it with
' reasonable expedition in accordance with Section 22 of the Act to the end that the
Front-Ending Agreement is brought into effect at the earliest possible date so that
it may be enforced by and against the Parties to it and other Owners of lands within
the Bradshaw Street Urban Upgrading Work Benefiting Area in accordance with the
provisions of the Act. Money received by the Town pursuant to the Bradshaw Street
Urban Upgrading Work Front-Ending Agreement that is permitted to be reimbursed
to the Owner, shall be paid to the Owner in accordance with the applicable
provisions of the Act. The Owner hereby directs the Town to make such payment(s)
to it. The Parties also agree that nothing contained in this Agreement shall require
any credit to be given to the Owner for the cost of constructing and installing the
Bradshaw Street Urban Upgrading Work in respect of a development charge
imposed by a Development Charge By-law passed by the Town Council whether or
' not the development charge includes, as a component, the whole or any part of the
cost of the Bradshaw Street Urban Upgrading Work. The Owner hereby consents
to the registration of the Front-Ending Agreement referred to in this paragraph
5.27(3) against the title to the Lands or such portion thereof as may be determined
by the Town in its discretion.
(4) The Owner, at its cost, will construct and install the Storm Sewer Oversizing Work
(Plan 18T-89013) in accordance with this Agreement. If.
i the Town asses a Development Charge By-law under the Act which is
( ) P P 8 Y
applicable to the Lands;
(ii) the Development Charge By-law comes into force; and
(iii) the Town Council is not required by the Ontario Municipal Board to repeal
the Development Charge By-law.
' as soon as is reasonably practicable and legally possible after the By-law comes into
' effect and any objection thereto has been resolved favourably to the By-law by the
Ontario Municipal Board, the Town and the Owner intend to enter into a "Front-
Ending Agreement" (as defined in the Act) pursuant to the Act with a term not to
exceed ten (10) years from the later to occur of the date of the issuance of a
Certificate of Completion of the Storm Sewer Oversizing Work (Plan 18T-89013)
and the date of enactment of a Development Charge By-law by the Town,with each
other and with any persons who may wish to be a Party to such Agreement who own
land within the Storm Sewer Oversizing Work (Plan 18T-89013) "Benefiting Area"
(as defined in the Act) as may be described in such Agreement. While recognizing
that changes may be made by the Ontario Municipal Board pursuant to the Act, the
f 4
Page 54
Owner and the Town hereby record their present intention that the Benefiting Area
respecting the Storm Sewer Oversizing Work (18T-89013) will be the area specified
in Schedule "P" and that each Owner of land within such Benefiting Area shall be
responsible to pay the portion of the cost of the Storm Sewer Oversizing Work(Plan
18T-89013)which is specified in Schedule"P". The Development Charge By-law and
the Front-Ending Agreement are intended *to contain such other provisions
' satisfactory to the Town that the Town considers to be necessary and desirable to
implement the requirements and provisions of the Act. Forthwith after the Storm
LSewer Oversizing Work (Plan 18T-89013) Front-Ending Agreement is made, the
Town shall process it with reasonable expedition in accordance with Section 22 of
' the Act to the end that the Front-Ending Agreement is brought into effect at the
earliest possible date so that it may be enforced by and against the Parties to it and
other Owners of lands within the Storm Sewer Oversizing Work (Plan 18T-89013)
Benefiting Area in accordance with the provisions of the Act. Money received by
the Town pursuant to the Storm Sewer Oversizing Work (Plan 18T-89013) Front-
Ending Agreement that is permitted to be reimbursed to the Owner, shall be paid
to the Owner in accordance with the applicable provisions of the Act. The Owner
hereby directs the Town to make such payment(s) to it. The Parties also agree that
nothing contained in this Agreement shall require any credit to be given to the
Owner for the cost of constructing and installing the Storm Sewer Oversizing Work
(Plan 18T-89013) in respect of a development charge imposed by a Development
Charge By-law passed by the Town Council whether or not the development charge
includes, as a component, the whole or any part of the cost of the Storm Sewer
Oversizing Work (Plan 18T-89013). The Owner hereby consents to the registration
of the Front-Ending Agreement referred to in this paragraph 5.27(3) against the title
to the Lands or such portion thereof as may be determined by the Town in its
discretion.
(5) The Owner and the Town acknowledge that in accordance with the Town's previous
policy, but for the enactment of the Act, the Town would have covenanted in this
Agreement to endeavour to collect the Bradshaw Street Urban Upgrading Work
and the "Property Frontage Charges" for the Storm Sewer Oversizing Work (Plan
18T-89013) set out in Schedule "P" from owners of"Designated Areas" in respect of
such Works (also set out in Schedule "P") with the exception of the Owner, as the
development of the relevant Designated Areas takes place, and after the collection
thereof, to pay the same to the Owner in order to reimburse it for part of the costs
of the "Bradshaw Street Urban Upgrading Work and the Means Avenue Storm
Sewer Work incurred by the Owner. The Owner and the Town also acknowledge
that because of the enactment of the Act and its provisions, the Town's policy
requires modification so that it will be consistent with and implementable to the
extent legally possible under the Act. Accordingly, until the earlier to occur of the
day immediately preceding the day on which the Town Council passes a
} 1
Page 55
Development Charge By-law pursuant to the Act and November 23, 1991, the Town
will endeavour to collect the aforesaid Property Frontage Charges from the owners
of the relevant Designated Areas, and after collection thereof to pay the same to the
Owner.
(6) Notwithstanding any other provision of this Agreement, the Parties hereto
understand and agree that nothing contained in paragraph 5.27 shall constitute a
covenant by the Town to pass or not to pass a Development Charge By-law or a By-
law to authorize the making of either or both the Front-Ending Agreement referred
to in paragraphs 5.27(3) and 5.27(4), or to make either or both such Agreements, or
to reimburse or to take any steps to reimburse the Owner for any part of the cost
of the External and/or Oversized Services. If a By-law to authorize the making of
either or both such Front-Ending Agreements is not passed by the Town Council,
or if either or both such Agreements is not made, or if made is changed by the
Ontario Municipal Board, or if the obligations of the Parties to either or both such
Front-Ending Agreements if made, is changed by the Ontario Municipal Board, or
if the obligations of any Owner(s)of land within either or both the intended relevant
Benefiting Areas referred to in paragraphs 5.27(3) and 5.27(4), as is relevant to the
particular case, is changed by the Ontario Municipal Board, the Owner agrees that
the Town is not required and the Owner will not require the Town to make any
payment to the Owner or to reimburse the Owner in any manner, and from any
source that may be available to the Town, in respect of the whole or any part of the
cost of providing either or both the External and/or Oversized Services. Further,
the Owner agrees with the Town that the Owner will not take any step to seek an
exemption from the Town's Development Charge By-law if passed, or to seek or
' claim a reduction of or a credit in respect of the amount of the development charge
imposed by the By-law which in any way is based on the expenditures made or to
fbe made by the Owner in respect of the External and/or Oversized Services referred
to in this Agreement. Without limiting the generality of the foregoing, 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 development of the whole or any
portion of the Lands on the ground that the cost of either or both the External
and/or Oversized Services or the provision of such Services has been provided by
the Owner, or such cost has been provided for in this Agreement, has or has 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.
r r
Page 56
5.28 Financial Contributions for Certain External Works
(1) With respect to the, "Mearns Avenue Urban Upgrading Work" (as defined in
Schedule 'P-1"), on the execution of this Agreement the Owner shall pay to the
Town the sum of one hundred and four thousand, two hundred and thirty-two
dollars and fifty-five cents ($104,232.55). The Owner will not seek any credit for or
rebate of any part of the estimated or total cost thereof whether from or in respect
of a charge imposed by a Development Charge By-law which the Town Council may
pass pursuant to the Act, or in any other manner, or for any other reason.
(2) With respect to the"Soper Creek West Branch Drainage Outfall System" (as defined
in Schedule 'P-1"), on the execution of this Agreement, the Owner shall pay to the
Town the sum of one hundred and sixty-three thousand, eight hundred and sixty
($163,860.00) dollars. The Owner will not seek any credit for or rebate of any part
of the estimated or total cost thereof whether from or in respect of a charge
imposed by a Development Charge By-law which the Town Council may pass
pursuant to the Act, or in any other manner, or for any other reason.
(3) With respect to the "Storm Sewer Oversizing Work (Plan 18T-88024)" (as defined
in Schedule "P-1"), on the execution of this Agreement, the Owner shall pay to the
Town the sum of one hundred and forty-five thousand, three hundred ($145,300.00)
dollars. The Owner will not seek any credit for or rebate of any part of the
estimated or total cost thereof whether from or in respect of a charge imposed by
a Development Charge By-law which the Town Council may pass pursuant to the
Act, or in any other manner, or for any other reason.
(4) 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 or 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 the development of the whole
or any portion of the Lands on the ground that any portion of the cost of any of the
�. external works referred to in paragraphs 5.28(1) and 5.28(2) has been provided by
the Owner, or that the contribution of part of the cost of any of such external works
has been provided for in this Agreement, or the cost of either or both of such
external works has or has not been included in the development charge, or that the
development charge should have been imposed in respect of a different defined
area(a) of the Town or the whole Town.
Page 57
5.29 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or
of any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by a Development Charge By-law which
Town Council may pass pursuant to the Development Charges Act, 1989, or in any other
manner, or for any other reason.
C�MtLIANC E WITH RE TI
�TICLE i -
its covenants under this Agreement, the
In exercising its rights and m performing Agr t,
Owner shall comply with all Provincial regulations of general application and all by-laws
of the Town and the Region.
ARTICLE 7 RESPONSIBILITY OF SUBSEQUENT OWNERS
After the issuance of the Certificate of Release,the Owner,its successors 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 its cost:
(a) it 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 Plans referred to in paragraph 5.6 herein;
(b) it shall be responsible for compliance with the terms of paragraph 4.6"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) it shall be responsible for the maintenance of fencing required by Schedule "G"
and paragraph 4.12(6) of this Agreement.
ARTICLES - TIME OF ESSENCE
Time is of the essence of this Agreement.
r
J }
Page 58
ARTICLE 9 AUTHORITY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by the law and is fully enforceable by
the Parties, and that this Agreement is made by the Town in reliance on the
acknowledgement 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 ) THE CORPORATION OF THE TOWN OF
77E
In the presence of: ) `
Mayor - /t -,
}
}
62118 ONT O
AJ}
Name: SHAROKH Title: PRESIDENT
NOURMANSOURI
}
Name: FARIVARZ VARZ Title: CRETARYITREASURER
)
We have the authority to ) ROYAL BANK OF
bind the Bank. )
Name: R.W. LAWRENCE Title: SR. ACCT. MGR.
The name of The Royal )
Bank of Canada was )
changed to Royal Bank of ) e: 2NDMM tl_e: SR. ACCT. MGR.
Canada as set out In ) R.W. MIKLO9�
Order-in-Council P.C.1990- )
2221, a copy of which is )
attached to instrument )
registered as No. 162641 on )
the 2nd day of November, )
1990, in the Land Registry )
Office for the Land Registry )
Division of Newcastle (No. )
10). )
Page 59
WITNESS: )
)
NAL UST COMPANY
P. LIAM CRAGG
"�W6 /{�+r/i f►U7?fdn. "� ) MORTGAGF uAbj R
Name: Title:
Name: Title: & SACHEDINA
ADMINISTRATION MANAGER
2131 LAWRENCE AVENUE Bd
1
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed the 24th day of July, 1989.
j LEGAL DESCRIPTION OF LANDS
All of Lots 13, 14, 15, 16, 17, 19 and 21, Part of Lots 11, 12, 18, 20 and 22, Block E, part
of Porter Street, all of Lots 62, 64, 66, 68, 70 to 90 inclusive, Block C, part of Winnstanley
Street, Porter and Bradshaw Plan being part of Lot 9, Concession 2 and Part of Lot 9,
Concession 2 Geographic Township of Darlington, Town of Newcastle, Regional
Municipality of Durham,Town of Newcastle, Regional Municipality of Durham designated
as Parts 1, 2, 3 and 4 on Plan 1OR-4019.
it
SCHEDULE
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed the 24th day of July, 1989.
PLAN O F SUBDIVISION
(Insert reduction of Plan 18T-89013)
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olrriL APPROY6O,OIUP'T PLAN 1-/..Fl1Y 10M
►RTA//=i iM Q
to's T'LM/w N Mw[/ � AS AM6 CO,.,•J1.._
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wFm EF$."No H PLAN OF SUBOWISION OF 1QYTIT Tn.T Tr/R-..iom—_-- '
''"" ALL OF LOTS f3 14.15,16 R I9 AND 21 — T Lrw Taus pvsC"wjxrA/IL-w♦_"1
PART OF L0T5 11,f2 18 2a"AX 22. BLbCIC E, w_ oe•mofTY-__-wor__----•
PART OF PORTER S�RE�T,
ALL OF LOTS 62,64,66.68.70,71,72,73,T4 T5,76,T7.78.79, �;,;F"
80 &.82 83,84,85,86 87,88,89,90, BLOCK C, R.r WQ ww"o
PAdT OF �NINNSTANLEY STREET.
PORTER AND BRADSHAW PLAN
(BEING PART OF LOT 9.CONCESSION 2)
AND PART OF LOT 9, CONCESSION 2
TOWN OF NEWCASTLE t
I.O.YT.Lr 10«.OR/OYYAMY,LL[I
REGIONAL MUNICIPALITY OF DURHAM
SCALE i 700
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MARlo Lwo L.N
18 89013 e
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PLAN 40M -
C:NMGATT or tlpET.ATWIr
METRIC PLAN OF SUBDIVISION O�F/t
w/••tN•+w w TY.wr r.[r,...r tr r ALL OF LOTS I3 14 'CC•TIT T1Y/T 3 RAN
PART OF LOTS 1�.i2 19 20 RAND 2 BLOCK E.
o4 TM,w T"'
TN[trO TrtLti OiYYpI°_oSAL'•!•L 1MT.lPI-
NOTE PART OF PORTER SYREEtTa —___.
ALL OF LOTS 62,64,66,68,70,71,72,73,74,75,76,77,78,79, uotNTf�r*�Wf�TtW `
Nw w�wwes•.•.N wnw„w.. Nf+.w. _stcTnl_ _ aw WEa.W[EG
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0.AN 000lYENi NO-------------
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PORTER AND BRADSHAW PLAN �•�
lEGENO MING PART OF LOT 9, CONCESSION 2)
Nr N..r....rAfre AND PART OF LOT 9, CONCESSION 2 ,,a ,,�„■
TOWN OF NEWCASTLE
1(OWYf WLY TOWN OF EOWY•NYIiIEI
.. ■rirr[wr•..w.rrrW.•..wtrsaa REGIONAL MUNICIPALITY OF DURHAM
PMio :•Mtw oa�,..w�nrn..°.•t,�:.n.o,m.ve_a.• SCALE 1.750
FLAW
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PLAN - 11 10
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed the 24th day of July, 1989.
CHARGES AGAINST LANDS
(1) Municipal Taxes (Paid prior to Execution)
(2) Local Improvement Charges (Paid prior to Execution)
(3) Drainage Charges (Paid prior to Execution)
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed the 24th day of July, 1989.
DEVELOPMENT LEVIES
Without fettering in anyway 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"Development Levies") calculated
by multiplying two thousand, nine hundred and seventy-four ($2,974.00) dollars by the
number of single family dwellings and semi-detached dwellings and by multiplying two
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thousand, even hundred and $2 730.00 dollars b the number of townhouse
d, thirty ( � ) y
dwellings which the Owner proposes to construct on the Lands. The Owner shall make the
following payments on account of Development Levies to the Town in respect of the
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development of the Lands consisting of eighty-two (82) single family dwellings; forty-two
(42) semi-detached dwellings; and zero (0) townhouse dwellings on the occasions set out
below. The aggregate amount so payable is three hundred and sixty-eight thousand, seven
rhundred and seventy-six ($368,776.00) dollars.
(a) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety-
two thousand, one hundred and ninety-four ($92,194.00) dollars on the
execution of this Agreement.
(b) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety-
two thousand, one hundred and ninety-four ($92,194.00) dollars on the
issuance of the building permit for the first (1st) dwelling proposed to be
constructed on the Lands.
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(c) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety-
, two thousand,one hundred and ninety-four($92,194.00)dollars on the earlier
to occur of the first (1st) anniversary of the issuance of the building permit
for the first (1st) dwelling proposed to be constructed on the Lands and the
date of issuance of the building permit for the sixty-fourth (64th) dwelling
proposed to be constructed on the Lands.
(d) The remainder of the aforesaid aggregate amount being ninety-two thousand,
one hundred and ninety-four ($92,194.00) dollars on the earlier to occur of
the expiry of twenty-four (24) months following the date of issuance of the
building permit for the first (1st) dwelling proposed to be constructed on the
Lands and the date of issuance of the building permit for the ninety-sixth
(96th) dwelling proposed to be constructed on the Lands.
Subject to the provisions of the Development Charges Act, 1989:
J P P g
a The Town shall review its schedule of Development Levies annually and may adjust
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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 all lot(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 Development Levies
required to be paid by the Owner to the Town pursuant to paragraph 3.4 of this Agreement
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and this Schedule The 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
1 Town under the Development Charges Act, 1989.
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SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication f q o Lands
The Owner shall deliver to the Town in a form satisfactory to the Town,
transfers in fee simple absolute the following land shown on the 40M Plan:
(a) Blocks 106, 107, 108, 109, 110,
115, 116 and 117 - 0.3 m Reserve
(b) Blocks 111, 112, 113 and 114 - Road Widening
(c) Block 104 - Turning Circle
(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 by the Owner to the Town of lands for park or other public
recreational purposes, the amount of five (5%) percent of the market value of the Lands
which the Owner and the Town hereby acknowledge and agree to be properly calculated
at the rate five (5%) percent applied against the sum of two million four hundred and
thirty-three thousand ($2,433,000.0) dollars being one hundred and twenty-one thousand
six hundred and fifty ($121,650.00) dollars.
' SCHEDULE "G"
STHIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
WORKS REQUIRED
1. ,STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system,satisfactory to the Town, for the removal of upstream storm water and storm
water originating within the said Lands, including storm sewer mains, manholes,
service connections, catchbasins and leads, open channels, storm outfalls, any other
appurtenances and oversizing as may be required in accordance with the Town's
Design Criteria and Standard Drawings, (the "Storm Sewer System").
The Owner agrees to produce Engineering Drawings for the Storm Sewer
System, to the satisfaction of the Director.
The Owner agrees to 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 in accordance with
paragraphs 2.4 and 2.7 of this Agreement.
2. ROADWAYS
The Owner shall construct and install the following services including
oversized services on the various streets, shown on the Plan as follows:
(a) Pavement widths to be applied to the streets shown on the approved
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 shown .
on the approved Engineering Drawings 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
Drawings, on the locations shown on the approved 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. If sidewalks are not shown adjacent to any of the driveway(s) in
question, the Owner shall grade and gravel such driveway(s) between the
curbs and the lots lines in accordance with the Town's Standard Drawings and
Design Criteria.
(f) The Owner shall construct, install, energize and maintain street lighting, in
accordance with the Town's specifications on all streets and walkways
provided for in this Agreement, to the satisfaction of the Director.
(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.
(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.
3. PEDESTRIAN WALKWAYS
Not Applicable.
4. 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, shown on and in accordance with the approved Engineering Drawings or
the Reapproved Engineering Drawings, as the case may be.
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5. TURNING CIRCLE
The Owner shall transfer to the Town Block 104 for the turning circle
required by the conditions of approval of the draft Plan of Subdivision 18T-89013
in accordance with the Town's Standard Drawings, and shall construct and maintain
such turning circle in accordance with the Town's Design Criteria and Standard
Drawings, to the satisfaction of the Director of Public Works. As soon as is
reasonably practicable after the Director gives the Owner written notice that the
Town no longer requires Block 104 for the turning circle (Ireland Street), without
fettering the discretion of Council if the necessary by-laws, if any, are passed by the
Council and come into effect in accordance with the Municipal Act, Block 104 shall
be transferred by the Town for a nominal consideration to the Owner or to its
assign(s).
6.
LOT GRADING
The Owner shall rough-grade all Lot(s) or Block(s) on the 40M Plan in
accordance with the Grading and Drainage Plan, to the satisfaction of the Director.
7. LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements in
accordance to the approved Landscaping Plan.
(b) The Owner shall provide, plant and maintain, under the supervision of a
qualified nurseryman or horticulturist (and guarantee for one (1) year from
the date of planting) the tree and shrub planting requirements in accordance
with the approved Landscaping Plan.
8. EXTERNAL ANDll f OR OVERSIZED SERVICES
(a) STORM—SEWER OVERSIZING WORK (PLAN 18T-89013)
This Work (the "Storm Sewer Oversizing Work (Plan 18T-89013") means the
' construction of oversized storm sewers within Plan 18T-89013 and on Mearns
Avenue. More specifically, this work includes excavation, grading,installation of the
storm sewers, oversizing, manholes and appurtances as shown on Marshall Macklin
Monaghan Ltd. Project 8824, Drawing No. 8, 9, 10 and 11 dated August, 1989 and
as finally approved by and on file with the Director. The Owner shall design,
construct, supervise and maintain the Storm Sewer Oversizing Work (Plan 18T-
89013).
' The Owner agrees to obtain at the Owner's expense and on the date of
execution of this Agreement to transfer to the Town any lands or easements
considered necessary by the Director to accommodate the construction and/or
maintenance of the Mearns Avenue Storm Sewer Work. Paragraphs 2.4, 2.5 and
2.7 of this Agreement apply in respect of such transfers with all necessary changes
to them being considered to have been made to give effect to the intent of this
provision.
(b) BRADSHAW STREET URBAN UPGRADING WORK
The Owner shall reconstruct Bradshaw Street from Apple Blossom Blvd.
southerly to the north limit of the portion of the lands within draft Plan of
Subdivision 18T-88024 which abut Bradshaw Street in accordance with Marshall
Macklin Monaghan Limited's Project No. 10-88635, Drawing No. 18, dated October
2, 1991, as finally approved by and on file with the Director (the "Bradshaw Street
Urban Upgrading Work"). This Work includes the following:
i excavation;
(ii) grading and drainage;
(iii) installation of granular "A" and "B"'
(iv) asphalt paving;
(v) street fighting;
(vi) paving of driveways approaches;
(vii) sodding of boulevards;
' (viii) curb and gutters;
(ix) sidewalks;
(x) storm sewer system, all appurtenances and oversizing; and
(xi) turning circle.
This Work shall be undertaken and completed in accordance with the Town's
Design Criteria and Standard Drawings and the Engineering Drawings to the
Director's satisfaction.
SCHEDULE "G-1"
_THIS SCHEDULE IS SCHEDULE "Gl"to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
STAGING PLAN
' BE ATTACHED
(TO )
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SCHEDULE "H"
.THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
' Newcastle, enacted and passed on the 24th day of July, 1989.
UTILITIES AND SERVICES REQUIRED
1. ELECMCAL 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 Telephone Limited and/or Bell
Canada for the design, provision and installation of a telephone system to serve the
said Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said Lands,
including gas mains, and all appurtenant manholes, laterals, service connections,
76
apparatus and equipment in the locations as approved by the Director.
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5. CABLE TELEVISION
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The Owner shall arrange with the Cable Television Company having authority
to provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to serve
the said Lands. All cable television services are to be installed underground.
6. MAIL DISTRIBUTION SYSTEM
' The Owner shall arrange with Canada Post for the provision and installation
of a mail distribution system to service the said Lands, in the location as approved
by the Director.
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SCHEDULE "I"
' THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th 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;
' (e) the Staging Plan;
(f) the Works Cost Estimates; and
(g) the Stage Cost Estimates.
The approval of the Director shall not absolve or release the Owner or the
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 OWNER 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 layout 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;
(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 field testing of materials 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 monthly basis, or at such other interval as
approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
iThe Owner's Engineer shall prepare as-constructed drawings required by the
Director and submit the same to the Director for his approval.
SCHEDULE "J"
' THIS SCHEDULE IS SCHEDULE *J" to the Agreement which has been
authorized and approved By-law No. 89-130 of the Corporation of the Town of Newcastle,
' enacted and passed on the 24th day of July, 1989.
WORKS COST ESTIMATES
STAGE I -
1 Storm Sewers $ 381,698.43
2 Roads - Year 1 $ 2499594.62
3 Roads - Year 2 $ 2775,95497
4 Street Trees $ 39,472.30
5 Streetlighting $ 38,520.00
t 6 Siltation Control $ 79864.50
7 Fencing $ 11,235.00
8 Grading (R.O.W. & Future Lots) $ 55,212.00
Sub-total $ 11,0619551.82
5% Contingencies $ 539077.59
Sub-total $ 19,1149629.41
109v' Engineering $ 111.462.94
Total Estimated Cost: 192269092.35
Total Amount of Performance Guarantee: S 1.226.092.35
SUBSEQUENT STAGES
The Performance Guarantee for the Works shall be based on the relimin
P arY
Works Cost Estimates which have been submitted to the Director by the Owner's Engineer
and approved b the Director. When the Engineering Drawings and the Landscaping Plan
PP Y � �
have been approved by the appropriate Director as is required by this Agreement, a revised
Works Cost Estimates for the construction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an
increase or decrease in the Works Cost Estimates.
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed the 24th day of July, 1989.
INSURANCE REQUIRED
1. TXPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance company
approved by the 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 public;
(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 disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development of
the said Lands together with any or all of the Works, Utilities and Services
pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages 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
1 for other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBIMD
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.
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SCHEDULE "L"
' THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th 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.
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3. DUMPING OF FILL OR DEBRIS
1 The Owner shall not dump, or permit to be dumped, an fill or debris on the
P P P Y
said Lands, or to remove or permit to be removed any fill from any land to be
transferred 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. `
S. Q►UALITATIVE 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.
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6. MAINTENANCEl CLOSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times shall 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 of 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 equal to that existing at the time
' of such damage and to the approval of the Director. No public road outside the
limits of the said Lands shall be closed without the prior written approval of the
authority having jurisdiction over such public road. The Owner 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 placement of the base course of asphalt on an road required
Pno to the p p y q
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.
& WEED AND RAT CONTROL
After the commencement of construction, the Owner shall institute upon the
Lands a program of.weed and rat control to the satisfaction of the Director.
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th 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 PERMITTED LAND USE
ON 40M PLAN
Lots 1 to 103 inclusive Residential
' Block 105 Block 105 shall be developed in
' conjunction with the development
of adjacent lands and until developed
shall be maintained by the Owner
in a reasonable condition.
Blocks 106, 107, 108, 109, 110
115, 116 and 117 0.3 m Reserves
Blocks 111, 112, 113 and 114 Street Widenings
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
LANDS UNSUITABLE FOR BUILDING
' The Owner agrees that no application will be made for a building permit for
the erection 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 LAND USE
ON 40M PLAN
Block 105 See Schedule "M"
1 SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
EXTERNAL AND/OR OVERSIZED SERVICES
1. STORM SEWER OVERSIZING WORK (PLAN 181-89013)
Estimated Total T Cost: $191
Preliminary o Es ,512.58
Owner's Share: $141,871.70
2. BRADSHAW STREET URBAN UPGRADING WQRK
Prelimina ry Total Estimated Cost: $148,761.00
Owner's Share: $ 31,842.§3
Town's Share: $ 54,098.65
57
SUMMARY OF ALLOCATION OF PRELIMINARY ESTIMATED
COSTS OF BRADSHAW STREET Ui-ZLAN , CR<^_')ING WORK
Share of
Preliminary
Owner of Total
Designated Designated Cost Estimated
Area Area Retained Share Severable Costs
A Mary Van Londen - - 51.73 $22,199.99
B Appleton 18.00 $ 7,724.70 4.46 $ 1,914.01
C M a r r i g j e Van 25.47 $10,930.45 60.00 $25,749.00
Londen
D Town of Newcastle - - 12.19 $ 5,231.33
F Chatham 20.12 $ 8,634.50 - -
' G Green 22.23 $ 9,540.00 18.00 $ 7,724.70
H Brazeau 20.12 $ 8,634.50 - -
I Mathieu 20.12 $ 8,634.50 -
TOTALS 126.06 $54,098.65 146.38 $62,819.03
E Liza 74.20 $31,842.93 - -
i
i
t 7
BRADSHAW STREET URBAN UPGRADING WORK
Designated Owner of Designated Cost of Sharing Bradshaw St.
gn gn g
Area Area Reference Frontage (m)
A Mary Van Londen Mary Van 51.73
Gerrit Van Londen Londen
20 Bradshaw St.
1 Bowmanville, Ontario
L1C 2113
B Robert G. Appleton Appleton 22.46
Maureen J. Appleton
26 Bradshaw St.
Bowmanville, Ontario
L1C 2113
C Marrigje Van Londen Marrigje Van 85.47
Gerrit Van Londen Londen
20 Bradshaw St.
' Bowmanville, Ontario
L1C 2113
D Town of Newcastle Town 12.19
40 Temperance St.
Bowmanville, Ontario
L1C 3A6
E 621182 Ontario Ltd. Liza 74.20
c/o Liza Development
30 Wertheim Court
Unit 9
Richmond Hill, Ontario
L4B 1B9
F Leslie D. Chatham Chatham 20.12
' Patricia A. Chatham
27 Bradshaw St.
Bowmanville, Ontario
L1C 2113
G Charles D. Green Green 40.23
25 Bradshaw St.
Bowmanville, Ontario
L1C 2113
H David H. Brazeau Brazeau 20.12
Anna Mane Brazeau
' 19 Bradshaw St.
Bowmanville, Ontario
L1C 2H3
I Danny Mathieu Mathieu 20.12
Frances Mathieu
17 Bradshaw St.
Bowmanville, Ontario
L1C 2113
f Y
BRADSHAW STREET URBAN UPGRADING WORK
COST SHARING DESIGNATED AREAS
Date: November 19, 1991
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SCHEDULE "P-1"
THIS SCHEDULE IS SCHEDULE "P-1" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed the 24th day of July, 1989.
FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS
1. SOPER CREEK WEST BRANCH DRAINAGE OUTFALL SYSTEM
The "Soper Creek West Branch Drainage Outfall System" means the stormwater
' management works for the West Branch of Soper Creek and more specifically the
construction of stormwater management facilities, oversizing, landscaping, fencing, erosion
protection, channelization, engineering and contingencies. This System is described in the
"Master Drainage Plan for the West Branch of the Soper Creek", prepared by Marshall
Macklin Monaghan Ltd., drafted June, 1989, as finally approved by and on file with the
Director. The total estimated costs of this System and the Owner's share thereof are set
out in the "Cost Sharing Report for Implementation on the Master Drainage Plan for West
Branch of the Soper Creek" prepared by Marshall Macklin Monaghan Ltd., drafted May
1990, as finally approved by and on file with the Director.
Total Estimated Costs: $2,160,000.00
i Owner's Share: $ 163,860.00
2. MEARNS AVENUE URBAN UPGRADING WORK
The "Meares Avenue Urban Upgrading Work" means the reconstruction of Meares
Avenue to an urban road standard, from Ireland Street southerly for the frontage abutting
Mearns Avenue of Plan 18T-89013. More specifically, this work includes excavation,
grading, installation of storm sewers and catchbasins, installation of granular "A" and "B",
asphalt paving, sidewalks and topsoil and sodding of boulevards.
Owner's Share: $104,232.55
' 3. STORM SEWER OVERSIZING WORK (PLAN 18T-88024)
This Work (the "Storm Sewer Oversizing Work (Plan 18T-88024)") means the
construction of oversized storm sewers within Plan 18T-88024 and on Concession Street and
' outfalling at the West Branch of Soper Creek. This work includes the installation of the
storm sewers,oversizing,manholes,appurtenances and a headwall as shown on G.M.Sernas
& Associates Ltd. Project 8824, Drawing No. G-102 dated August. 1989 and as finally
approved by and on file with the Director.
Total Estimated Cost: $932,03225
Owner's Share: $145,300.00
i
1
1
1
1
I
r
1 i
SCHEDULE "O"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
CONSERVATION AUTHORITY'S WORKS
(1) That prior to the initiation of grading, including rough grading of the roads, the
Owner shall submit sedimentation control and grading plans for the subject land to
the Central Lake Ontario Conservation Authority for review, and shall obtain the
Authority's approval.
i preparation, r
� (2) That prior to the commencement o f site the Owner shall obtain from
the Central Lake Ontario Conservation Authority their approval of 100-year storm
overland flow routing for the plan. A brief report is to be submitted to the Authority
which illustrates overland flow routing for the site and the manner in which flows will
be directed to the Soper Creek tributary to the south of Concession Street.
3 Prior to final approval of the plan, the Central Lake Ontario Conservation Authority
is to be satisfied that the requirements of the Soper Creek Tributary Master
Drainage Plan pertaining to the site will be carried out to the Authority's satisfaction.
(4) That the Owner shall agree that grading, filling, construction or alteration to
watercourses shall not occur on the site without the written approval of the Central
Lake Ontario Conservation Authority.
(5) That the Owner agrees to carry out, or cause to be carried out, to the satisfaction
of the Central Lake Ontario Conservation Authority,the recommendations contained
in the Soper Creek Tributary Master Drainage Plan that pertain to the subject lands;
(6) That the Owner agrees to place fill, grade, and carry out sedimentation control and
minor and major flow routing to the satisfaction of the Central Lake Ontario
Conservation Authority;
CT �
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
ENGINEERING AND INSPECTION FEES
Estimated Cost of Works EM
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
rcontemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule 'Thereto, and shall include the estimated cost of Region
services. The payment of the 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.
SCHEDULE "S"_
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
tauthorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
REGIOW&CONDITIONS OF APPROVAL DATED OCTOBER
' 1• That this approval applies to draft plan of subdivision 18T-89013, prepared by
' Tunney Planning identified as number TUN 216-1, revised and dated May 1989,
which is revised in red as per attached plan showing 108 single family dwellings lots,
two blocks reserved by the Owner, and various reserves.
2. That the road allowances included in this draft plan shall be dedicated as public
highway.
i3. 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 Blocks 116 and 117 shall be dedicated as public highways for the purpose of
widening Mearns Avenue.
5. That Blocks 118 and 119 shall be dedicated as public highways for the purpose of
widening Bradshaw Street.
6. That 0.3 metre reserves as shown as Blocks 111, 112, 113, 114 and 115 shall be
conveyed to the Town of Newcastle.
7. That any deadends and/or open sides of road allowances created by this draft plan
shall be terminated in 0.3 metre reserves to be conveyed to the Town of Newcastle.
8. That the Owner shall agree to relot Lots 1 and 4 in draft Plan of Subdivision 18T-
89013 to the satisfaction of the Town of Newcastle, in consideration of the
requirements of Zoning By-law 84-63 and the existing lot configuration of Block 96
' in adjacent draft Plan of Subdivision 18T-87033.
9. That the Owner shall convey land to the Town of Newcastle for park or other public
recreational purposes, in accordance with the Planning Act.
Alternatively, the Town may accept cash-in-lieu of such conveyance at a rate of five
percent or one hectare per 300 dwelling units, whichever is greater.
9 �
r
10. That such easements as may be required for utilities,drainage and ser�icmg purposes
' shall be granted to the appropriate authority.
11. 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, 1983, as amended.
12. That prior to any grading or construction on the site, the Owner shall prepare site
drainage and soil erosion control plans which shall be acceptable to the Ministry of
Natural Resources. These plans will show all proposed surface drainage works and
will describe the means to minimize or eliminate on-site erosion and the direct
discharge of stormwater flow into the tributaries,both during and after construction.
13. That prior to the initiation of grading, including rough grading of the roads, the
Owner shall submit sedimentation control and grading plans for the subject land to
the Central Lake Ontario Conservation Authority for review, and shall obtain the
Authority's approval.
14. That P rior to the commencement of site preparation, the Owner shall obtain from
the Central Lake Ontario Conservation Authority their approval of 100-year storm
overland flow routing for the plan. A brief report is to be submitted to the Authority
which illustrates overland flow routing for the site and the manner in which flows will
be directed to the Soper Creek tributary to the south of Concession Street.
' 15. Prior to final approval of the plan, the Central Lake Ontario Conservation Authority
is to be satisfied that the requirements of the Soper Creek Tributary Master
Drainage Plan pertaining to the site will be carried out to the Authority's satisfaction.
16. That the Owner shall agree that grading, filling, construction or alteration to
watercourses shall not occur on the site without the written approval of the Central
Lake Ontario Conservation Authority.
17. 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 limits of the plan which
are required to service such plan. In addition, the owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to his subdivision. Such
sanitary sewer and 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.
18. That prior to entering into a subdivision agreement the Region of Durham shall be
satisfied that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
19. That the Owner shall retain a qualified landscape architect to prepare and submit
a Landscaping Plan to the Town of Newcastle for review and approval. The
Landscaping Plan shall reflect the design criteria of the Town,as amended from time
to time.
20. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Town of Newcastle for review and approval.
All plans and drawings must conform to the Town's Design Criteria as amended
' from time to time.
t21. That the final approval of the subject plan be withheld until such time as a special
servicing agreement for the Soper Creek Trunk Sanitary Sewer Extension on
Concession Street and Mearns Avenue,between various landowners and the Region
of Durham, has been executed.
1 22. That temporary turnip circles be constructed at the east limit of Street "D", the
P �'y g
south limit of Street "C' and the south limit of Street "A", to the satisfaction of the
Town of Newcastle. All lots directly adjacent to the turning circles shall be on hold
and building permits shall not be issued by the Town until such time development
proceeds beyond the limits of the subdivision.
23. That the Owner shall bear the costs (100%) of any works on Mearns Avenue and
Concession Street which are necessitated as a result of this development, all to the
satisfaction of the Town of Newcastle.
24. That the Owner shall contribute to the costs of the reconstruction and/or upgrading
of Meatus Avenue in accordance with policies of the Town of Newcastle.
25. 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
iNewcastle, concerning the provision and installation of roads, services and drainage,
and other local services.
26. That prior to final approval of the plan, the owner shall satisfy all requirements,
' financial and otherwise, of the Region of Durham. This shall include, among other
matters, execution of a subdivision agreement between the Owner and the Region
of Durham concerning the provision and installation of sanitary sewer,water supply,
roads and other regional services.
27. That the Owner shall agree to implement the noise attenuation measures
recommended in the Noise Impact Study, prepared by G.M. Sernas & Associates
Ltd., dated July, 1989, in consultation with the Town of Newcastle, all to the
satisfaction of the Region of Durham.
28. That the subdivision agreement between the Owner and the Town of Newcastle shall
contain, among other matters, the following provisions:
(a) That the Owner agrees to carry out, or cause to be carried out, to the
isatisfaction of the Central Lake Ontario Conservation Authority, the
recommendations contained in the Soper Creek Tributary Master Drainage
Plan that pertain to the subject lands;
(b) That the Owner agrees to place fill, grade, and carry out sedimentation
control and minor and major flow routing to the satisfaction of the Central
' Lake Ontario Conservation Authority;
(c) That the Owner agrees to implement the drainage and erosion control plans,
as required in Condition 12 to the satisfaction of the Ministry of Natural
Resources; and
' (d) That the Owner agrees to implement the noise attenuation measures
recommended in the noise report referred to in Condition 27.
29. That prior to final approval, the Commissioner of Planning for the Region of
Durham, shall be advised in writing by:
(a) Town of Newcastle, how conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 19, 20, 22,
23, 24, 25 and 28 have been satisfied;
(b) Central Lake Ontario Conservation Authority, how conditions 13, 14, 15, 16,
28(a) and 28(b) have been satisfied;
(c) Ministry of Natural Resources, how conditions 12 and 28(c) have been
satisfied.
1
AMENDMENTS TO REGION'S CONDITIONS OF APPROVAL
DATED TUNE 11, 1991
1
Condition No. 1 - is deleted and replaced with the following:
"i. That the approval applies to the draft M-Plan, prepared by
Marshall Macklin Monaghan Ontario Limited, identified by
' drawing no. 20-89-440-000, showing 82 lots for single detached
dwellings and 21 lots (42 units) for semi-detached dwellings."
Condition No. 4 - is deleted and replaced with the following:
"4. That Blocks 111 and 112 shall be dedicated as public highways
for the purpose of widening Mearns Avenue."
Condition No. 5 - is deleted and replaced with the following:
' "5. That Blocks 113 and 114 shall be dedicated as public highways
for the purpose of widening Bradshaw Street"
deleted and replace with the following:
Condition No. 6 - �s de p g
"6. That 0.3 m reserves as shown as Blocks 106, 107, 108, 109, 110,
115, 116 and 117 shall be conveyed to the Town of Newcastle"
Condition No. 21 - is deleted.
Condition No. 22 - is deleted and replaced with the following:
"22. That temporary turning circles be constructed at the east limit
of Ireland Street, the south limit of Edgerton Street and the
south limit of Kershaw Street to the satisfaction of the Town of
Newcastle. All lots directly adjacent the turning circles shall be
on hold and building permits shall not be issued by the Town
until such time development proceeds beyond the limits of the
subdivision."
SCHEDULE "U"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
iLANDSCAPING PLAN
' (See Attached)
N NI
. .. _. .. .__. TOWN Of IOIYAMV,IIL
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KEY NO. 8OTANICAL NAME COMMON NAME SIZE REMARKS _ ��,o,•,ati,+� ""••
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I
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
REQUIREMENTS OF OTHER AGENCIES
MINISTRY OF NATURAL RESOURCES
(1) That prior to any grading or construction on the site, the Owner shall prepare site
drainage and soil erosion control plans which shall be acceptable to the Ministry of
Natural Resources. These plans will show all proposed surface drainage works and
will describe the means to minimize or eliminate on-site erosion and the direct
' discharge of stormwater flow into the tributaries,both during and after construction.
(2) That the Owner agrees to implement the drainage and erosion control plans, as
required in Condition 12 to the satisfaction of the Ministry of Natural Resources.
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 89-130 of the Corporation of the Town of
Newcastle, enacted and passed on the 24th day of July, 1989.
ARCHITE03MAL CONTROL STANDARDS
' All dwellings to be erected on the said Lands shall satisfy the following
architectural 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 Planning and Development.
' t m products on all elevations.
(b} Dwellings sited at corners require full height masonry p cts
2. COLOURS:
a Colours of bricks siding, roofs and trims must be compatible and in harmony such
( ) � g� P
' 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 schedule.
(b) Dwellings of 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
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' the same architectural influence.
1 4.
(a) All metal roof vents and stacks must be located in the rear slope of roofs and must
rbe 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.
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(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.
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1
TO: THE CORPORATION OF THE TOWN OF NEWCASTLE
' AND TO: SHIBLEY RIGHTON, their Solicitors herein
' RE: 621182 Ontario Limited (the "Company") Plan of Subdivision
No. 18T-89013, Town of Newcastle Subdivision Agreement (the
"Agreement")
'
ERTIFI A
C C TE O F TITLE
' I, CRAIG RICHARD CARTER, a Solicitor of the Ontario Court, do certify that:
(a) The Company is the sole owner in fee simple of all land described as
' being in the Town of Newcastle and the Regional Municipality of
Durham and being composed of Parcel 9-3 Section Con. 2
(Bowmanville) being composed of Lots 13, 14, 15, 16, 17, 19 and 21, part
' of Lots 11, 12, 18, 20 and 22 in Block E, part of Porter Street as stopped up
and closed by By-Laws 90-71A and 90-165 of THE CORPORATION OF
' THE TOWN OF NEWCASTLE, registered as Instruments 161406 and
163589 respectively, and part of Winnstaley Street, as stopped up and
closed by By-Law 90-165 registered as Instrument 163589, Lots 62, 64, 66,
' 68, 70, 71, 72, 73, 74, 75,76, 77,78,79,80,81,82,83,84,85,86,87, 88,89 and
90 in Block C on Porter and Bradshaw Plan being part of Lot 9 in
Concession 2 of the Geographic Township of Darlington (formerly the
Town of Bowmanville) and part of said Lot 9 in Concession 2,
designated as PARTS 1, 2, 3 and 4 on Reference Plan 10R-4019; and
' (b) there are no mortgages or other encumbrances on the Lands except the
following:
' 1. Mortgage number 150532, registered April 26, 1989 in favour of
Herbert Farncomb Gibson;
' 2. Mortgage number 150534, registered April 26, 1989 in favour of
Leslie Dennis Chatham and Patricia Ann Chatham and assigned
to the National Trust Company by Instrument No. 153034.
3. Instrument No. 157402, registered January 23, 1990 in favour of
The Royal Bank of Canada.
4. Instrument No. 157762, registered February 6, 1990 in favour of
Charles David Green.
1
-2-
' This certificate is iven based upon a search of the Parcel Registrar for
g P g
the subject property as at the 12th day of November, 1991 and is subject to those
' limitations set out in the Land Titles Act.
DATED at Toronto this 14th day of November, 1991.
' CRAIG RICHARDICARTER,Solicitor
r
�^ DYE d DURHAM CO.LIMMED
Farm No.WS
of
Pr°y�nce Document General
—zr Ontario Form 4—Land Registration Reform Act,1984
' (1) Registry ❑ Land Ticks {2) Page 1 of,Z pages
(3)Property Block Property
ldentdkr(s) Additional:
i. See
L—) Schedule
Q (4)Nature of Document
Q Application by MuddMlity for h1kibldng Omer(S"on 23)
QQ (5)CaRawration
07 x
NA
Dollars$
? .3 r p
z ( Description
Z Q
t C w 4
=
r ..., z �!art of Parcel Plan 1, Section 40M- /� �' g
in the Town of Newcastle in the Regional Municipality
of Durham as to Blocks 104 and 106 to 113 inclusive
Plan 40M-
' Now Property Identifiers
Additional:
See ❑
n*
(7)This (a) Redescription ; (b)Schedule for:
�. Additional: Document New Easement Additional
E See ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ Other
Schedule
t )This Document prwoides as follow:
Inhibiting Order Attached
Continued on Schedule ❑
> (9)This Document r elates to hrafrument number(*)
(10) Party(les)(Set out Status or interest)
Name(s) Signature(s) Date of Signature
Y M D
THE.CO.RPQRAnON.OF THE TOWN. . . . . . . . . .By: ... . . . . . . . . . . . . . . . . . . . 11991 .1'1,'' :
OF NEWCASTLE by its solicitors Nicholas T. Macos
SEML•EY RiGHTON•per Nicholas. . . . . . . . . . I . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . .
T. Macos
r
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l. .
I
I
(11)Address
erice
4
(12)Parly(les) (Set out Status or Interest)
Names) Signature(s) Dlate of Signature
I i
a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . .
. . . . . . . . . . . . . . .
(
" (18)Address
for service
(14) Muracipal Address of Property (15) Document Prepared by: Fees and Tax
` 0 Registration Fee
' not assigned Shibley Righton w
Barristers & Solicitors
Suite 1800
401 Bay Street w
Toronto, Ontario M5H 2Z1 cc
Attn: Nicholas T. Macos ° Total
10174(12184)
r
LAND TITLES ACT
Section 23
' APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER
' TO: THE LAND REGISTRAR FOR THE LAND TITLES
DIVISION OF DURHAM (NO. 40)
' L, Patti Barrie, Clerk of the Corporation of the Town of Newcastle hereby certify that
621182 ONTARIO LIMITED
the registered owner of all of Lots 13, 14, 15, 16, 17, 19 and 21, Part of Lots 11, 12, 18,
' 20 and 22, Block E,part of Porter Street, all of Lots 62, 64, 66, 68, 70 to 90 inclusive, Block
C, part of Winnstanley Street, Porter and Bradshaw Plan being part of Lot 9, Concession
2 Geogfaphic Township of Darlington, Town of Newcastle, Regional Municipality of
' Dur a designated as Parts 1, 2, 3 and 4 on Plan IOR-4019 being the land laid out by a
Plan of Subdivision dated /V_---s-- /-2, /c, a f prepared by Herman Wimmelbacher, an
Ontario Land Surveyor, has not executed and is not under any obligation to execute any
Transfer of Land or Transfer of Easement or any Agreement affecting title to the said land
in favour of the Corporation of the Town of Newcastle which has not been registered as
of the date hereof except t e f llowin :
' TRANSFERS AND AGREEMENTS LOTS AND BLACKS
;n(q,�;Ye.
I lC�i A�Z 1
Transfer in Fee Simple Blocks 106 to - inclusive
03 meter reserves) Plan 40M-
' Transfer in fee simple Block 104
Turning circle Plan 40M- G $
' Discharge of Charge Block 104
(Charge No. 15053$) Plan 40M- l 6 7$
turning circle -L
' Discharge of Charge Block 104
(Charge No. 157402) Plan 40M- /6 b'8
' turning circle
Discharge of Charge Block 104
(Charge No.z-Ts7:r, Plan 40M-
turning circle
' AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an
Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with
' those Lots and Blocks until the Instruments mentioned above have been registered.
DATED at Newcastle this 2 7.w day of December, 1.
' Pat B
CI
Town of Newcastle
I have authority to bind the Corporation.
DYE 8 DURHAM CO.LIMITED
F
Province Transfer/Deed of Land Form No.970
Ontario
Form 1 —Land Registration Reform Act,1984
(1) Registry Land Titles ® (2) Page 1 of 2 pages
(3) Property Block Property
Identifier(s) Additional:
See ❑
Schedule
fwkf
iCV (4) Consideration
a
,o
WIvE
`IWO--------------------00/100 Dollars$2.00
O (5)Description This is a: Property Property
Division ❑ Consolidation ❑
Part of Parcel. Pl.an 1, Section 40M- 1& 'V
being Blocks 104 and 106 to 114 both inclusive,,ON,k5 115,
P1.an 40M- 16 15�g i 16a-4 fh
New Propef?Identifiers , Town of Newcastle,
itional: Regional. Municipality of Durham,
qsee
Schedule ❑ Land Titles Division of —4 --om,e Fharn ✓�
Executions
Additional:
See
Schedule
6) This (a)Redescription (b)Schedule for: (7) interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch ❑ Description [] Parties [] Other[]
8)Transferor(s)The transferor hereby transfers the land to the transferee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date of Signature
Name(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature(s) Y M D
WO �MT . . . . . . . . . . . . . . . . . . . . . . per:. .
Name: ari r . . . . . . . . . . .z
Title:.
�S EASURER
I have authority to bind the Corporation.
(9)Spouse(s)of Transferors) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . .
0)Transferor(s)Address
for service Unit 9, 30 Wertheim Court, Richmond Hill., Ontario L4B 1B9
'11)Transferee(s) Date of Birth
Y M D
1
TM C0RPCE<tATXN OF THE
TOM OF NEW-ASrM-
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . .
i
2)Transferse(s)Address
for service 40 Temperance Street, Bowmanvill.e, Ontario L1C 3A6
(13)Transferors)The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 49 of the
Planning Act,1983. Date of Signature Date of Signature
1
Y M D Y M D
I Signature i
Signature. '
Solicitor for Transferof(s)I have explained the effect of section 49 of the Planning Act 1983 to the transferor and I have made inquiries of the transferor
to determine that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge
and belief,this transfer does not contravene that section.i am an Ontario solicitor in good standing. Date of Signature
Name and , Y M D
Address of
Signature.
Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . .
T (14) Solicitor for Transferee(Iii) I have investigated the title to this land and to abutting land where relevant and 1 am satisfied that the title records
reveal no contravention as set out in subclause 49(21 a)(c)(ii)of the Planning Act,1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983.1 act independently of the solicitor for the transferor(s)and 1 am an Ontario
solicitor in good standing.
�$ Name and Date of Signature
x Address of Y M D
<92 Solicitor
N Signature. . . . . . . . . . . . . . . . . . . . . . . . . .
(15) Assessment Roll Number I Cty. ;Mun.i Map Sub. 1 Par. Fees and Tax
of Property 1 Not Assigned
Z Registration Fee
6)Municipal Address of Property (17)Document Prepared by: O
CRAIG R. CARTER j land Transfer Tax
Not Assigned FASKEN CAMPBELL GODFREY LU
Barristers and Solicitors U.
P.O. Box 20 0
Toronto-Dominion Centre I
Toronto, Ontario MSK iN6 ° Total
DYE E.nuR into..Form No.500
Amended 1991 Affidavit of Residence and of Value of ie5d��iideratio;
1 � A
610°(`s (l5,/1's a-*( it 7 Form 1 — Land Transfer Tax A(
Refer E all instructions on reverse side. Part of Parcel Plan 1 Section 4 M /b�
IN THE MATTER OF THE CONVEYANCE OF (insenbrietdsacriprionofend)
t ei 1 4 _
Regional Municivality of DLrham
By(print names ONO transerors in full) 62 1 R - Ontarin T.i m i p A
' TO(see instruction 1 and print names of et/tnnahrees in full) She Corporation of the Town of Newcastle
1,(an instruction 2 and print names)in full) Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. 1 am(place a dear mark within tin equara opposite that one of it*following parepraphs diet describes this C4PacUY of ehe deponent(s)).- gee instruction 2)
' ❑ (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b)A trustee named in the above-described conveyance to whom the land is being conveyed;
❑ (c)A transferee named in the above-described conveyance;
❑ (d)The authorized ajoatRWlicitor acting in this transaction for(insert raves)of pr#, l(aJJ The f`nrrv%rr�at—i ,Z t-if the m3m
of Newcastle
described in paragraphs) (a), (b), (c) above; (atir"out retwoncee to r,appltabe paragraphs)
❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (mart nerril orcorpaatiorga))
' described in paragraph(s) (a), (b), (c) above;(0**out references ro inapplicable Para9raPh s)
❑ (f) A transferee described in paragraph( )(k nl o*ons of paragraph(a),(b)or(c)above,as applk tw) and am making this affidavit on my own behalf and on
' behalf of (insert tame of spouse) who is my spouse described
in paragraph ( ) (insert only one of paragraph(a),(b)or(c)above,as applicable) and as such,I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance Auroeeds$400,000).
I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance
❑ contains at least one and not more then two single family residences. Mogg. Clause 20)(d) imposes on additional tax at the rate of one-half of one per
❑ does not contain a single family residence. cent upon the value of consideration to excess of $400,000 where the convoy-
0 contains more than two single family residences.(am instruction 3) once contains at least one and not more than two single family residences.
3. 1 have read and considered the definitions of"non-resident corporation"and"non-resident person"set out respectively in clauses 1(1)(f)and (g)of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act. (see innructiona 4 and s) - none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a)Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00
(b)Mortgages (i)Assumed (show principal and interest to be credited against purchase price) . . . . . . . $ --n11
' (ii) Given back to vendor $ nil
(c) Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil All Blanks
(d)Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . . . . . . . . $ n11 Must as
' (e) Liens,legacies,annuities and maintenance charges to which transfer is subject . . . . . . . $ _-nil Filled in
(f) Other valuable consideration subject to land transfer tax (detai,below) $ nil
!reek•N#'
(g)VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of(a)to(f)1 . . . . . , . . . . . • . . . , . , . . . $ 2.00 $ 2.00 where
(h)VALUE OF ALL CHATTELS - items of tangible personal property Appiiabie.
(Retail Sales Tax a payable on the vakle of all Chattels unless exempt under nil
the provisions of the'Retail Saes Tax Act',R.S.O. 1980,c.454,as amended) . • • • • • . • • • • • . • • . . . . . . . . . $
(i) Other consideration for transaction not included in (g)or(h)above . . . . . . . . . . . . . . . . . . . . . . . . . . . $ nil
' (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 -
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
71ni a i a a Trancfpr h r Mininipality pyrSttant to a SubdiyiGi on A02eg=i-
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the City of Toronto
in the Municipality of Metropolitan Toronto
this ��-' day of f tk_4_ 1 g a-
CA 1
' A Commissioner for taking Affidavits,etc. signe1-0)
Ni 'Ol a8 �' MdC'OS
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: 1=.gfpr of ar►rl Registration No.
' B. W Address of property being conveyed(Nevailabe) llnknown
(ii)Assessment Roll No. (ifavulabie) not- FiGGi CffiEd
' C. Mailing address(es)for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) 40 Menyeranrp Street- BoW nvi 1 1
: a- 'r" ec.d Registration Date LshM Registry Office No.
QM ;=rin T 1(` 3A6
D. (i) Registration number for last conveyance of property being conveyed(if Available) IMICDOWn
60 Legal description of property conveyed: Same as in D.0)above. Yes❑ No❑ Not known
E. Name(s)and address(es)of each transferee's solicitor
Shibley Righton
41800 - 401 Bay Street
hlhrnni-n. Ont-arin M514 721
School Tax Support (Voluntary Election) See reverse for explanation
' (a) Are all individual transferees Roman Catholic? Yes❑ No❑
(b) If Yes do all indrwdua!transferees wish to be Roman Catholic Separate School Supporters? Yes❑ No❑
(c) Do alt md,vidual transferees have French Language Education Rights? Yes❑ No❑
(d) If Yes,do all individual transferees wish to support the French Language School Board(where established)? Yes❑ No❑
NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). 0449D(90.09)