HomeMy WebLinkAbout89-201
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ON: B/L
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-201---
being a By-law to authorize the entering into an Agreement between NOR-ARM
DEVELOPMENTS INC. and the Corporation of the Town of Newcastle
for the development of Plan of Subdivision 18T-88076.
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 NOR-ARM DEVELOPMENTS INC. 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 13th day of November
BY-LAW read a second time this 13th day of November
1989
1989
BY-LAW read a third time and finally passed this 13th
day of
November
1989.
DYE 8 DURHAM CO.LIMITED
Form No.985
X311 Province
of Document General
v Ontario Form 4—Land Registration Reform Act,1984
(1) Registry F� Land Titles j (2) Page 1 of 57 pages
? )'f (3) Property Block Property
11 2 25 Identifier(s) Additional:
See
Schedule
CBE ---- (4)Nature of Document
�,� `� �� � w � APPLICATION TO REGISTER NOTICE OF AGREEMENT OF'NR 9'"' I LAND TITLES ACT, SECTION 74
} (5)Consideration
Z
NIL ---------------------------
Dollars$ NIL
SS. [ EP LAN REGISTRAR (6)Description
t£W,',c- L r'•r'.17, 10 BOMIANVILLE
v P Parcel 9-1, Section Con. -1,
U_ Newcastle (Bowmanville) being Part of Lot 9, Concession 1,
cc in the Town of Newcastle in the Regional
Municipality of Durham,
designated as Part 1 on Reference Plan No. 1OR-3638.
New Property Identifiers
Additional:
See
Schedule
Executions
(7)This (a) Redescription ; (b)Schedule for: t
Additional: Document New Easement Additional
Add
Schedule Plan/Sketch F Description 0 Parties F-1 Other
(8)This Document provides as follows:
(.
NOR-ARM DEVELOPMENTS INC. a4 the registered owner,+
hereby apply to have Notice of an Agreement made between NOR-ARM DEVELOPMENTS INC. and
THE CORPORATION OF THE TOWN OF NEWCASTLE entered on the register.
Continued on Schedule
(9)This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s) Signature(s) Date of Signature
Y M D
THE CORPORATION OF THE TOWN OF NEWCASTLE
(11) Address
for Service 40 Temperance Street, Bowmanville, Ontario, L1C 3A6
(12) Party(ies) (Set out Status or Interest) Date of Signature
Name(s) Signature(s) y M D
NOR-ARM DEVELOPMENTS INC. Per. ' ;1990 05129
BY ITS SOLICITORS Bria Finer
. . . BRATTY.AND.PARTNERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . ; i
(13)Address
for Service 1280 Finch Avenue West, Suite 710, Downsview, Ontario, M3J 3K6
(14) Municipal Address of Property (15) Document Prepared by: Fees and Tax
Not Assigned Brian B. Finer
ZO Registration Fee
BRATTY AND PARTNERS
Suite 2000
Lu
4950 Yonge Street v
North York, Ontario
M2N 6K1 0
UL Total
I
, 74(12/84)
`i'IiIS AGREEMENT made in P
quintu licate thisAday of A/`7 If7e.
B E T W E E N
THE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter called the "TOWN" OF THE FIRST PART,
- and - NOR-ARM DEVELOPMENTS INC.
Hereinafter called the "OWNER" OF THE SECOND PART
- and - PIRETRBE DEVELOPMENT COMPANY LIMITED
- and - 683794 ONTARIO LIMITED
Hereinafter called the "Mortgagee" of the third part
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule "A"
hereto, are hereinafter called the "Lands".
AND WHEREAS THE Owner warrants that it is the registered owner of the Lands;
AND WHEREAS the Owner warrants that it has applied to the Regional Municipality
of Durham, hereinafter called the Region for approval of a plan of subdivision
of the Lands;
AND WHEREAS to comply with the Regions conditions for such approval, the Owner
has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement
with the Regional. Municipality of Durham, hereinafter called the "Region" to satisfy
the requirements of the Regional Municipality of Durham, financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of the
utilities referred to in Schedule "H" and hereinafter called "Utilities" ;
NOW THEREFORE in consideration of the mutual agreements and covenants and promises
herein contained, and other good and valuable consideration, the parties hereto
agree as follows:
L.R. : 22.2.88
TABLE OF CONTENT
11 DEFINITION
2. GENERAL
2.1 Certification of Ownership
2.2 Copy of Plan and Agreements Required
2.3 Dedication of Easements
2.4 Dedication of Lands
2.5 Registration of Deeds and Grants of Easements
2. 6 Lands for School Purposes
2.7 Interest in Said Lands
2.8 Notification of Owner
2.9 Registration of Agreement
2.10 Renegotiation and Amendment of Agreement
2.11 Town To Act Promptly
2.12 Assignment of Agreement
2.13 Schedule of Agreement
2.14 Mortgage
2.15 Successors
3. FINANCIAL
3.1 Payment of Taxes
3.2 Payment of Local Improvement Charges
3.3 Payment of Drainage Charges
3.4 Payment of Development Charge Levies
3.5 Cash-in-Lieu of Land Dedication
3.6 Performance Guarantee Required
3.7 Use of Performance Guarantee
3.8 Indemnification of Tovm and Insurance
3.9 Maintenance Guarantee Required
3.10 Use of Maintenance Guarantee
3.11 Requirement for Release of Performance Guarantee
3.12 Requirements for Release of Maintenance Guarantee
3.13 Payment of Municipal Costs
3.14 Unpaid Charges
3.15 Occupancy Permit Deposit
4. PLANNING
4.1 Approval of Tree Preservation Plan
4.2 Approval of Landscaping Plan
4..3 Use of Said Land
4.4 Land Unsuitable for Building
4.5 Land Requiring Site Plan
L.R. : 22.10.88
TABLE OF CONTENT
4. PLANNING (CONT'D)
4.6 Requirement for Building Permits
4.7 Model Homes
4.8 Architectural Control
• 4.9 Requirements for Sale of Lands
4.10 Requirements for Authorization to Occupy
4.11 Requirements for Park and Open Space
4.12 Special Conditions
5. PUBLIC WORKS
5.1 Town Works Required
5.2 Utilities and Services Required
5.3 Owner's Engineer
5.4 Design of Works
5.5 Approval of Engineering Drawings
5. 6 Approval of Grading and Drainage Plan
5.7 Staging of Construction
5.8 Approval of Schedule of Works
5.9 Approval of Cost Estimate
5.10 Requirements for Authorization to Commence Works
5.11 Requirements for Authorization of Subsequent Stages
5.12 Inspection and Stop Work
5113 Provisions for Construction and Inspection
5.14 Sequence of Construction and Installation
5.15 Completion Time for Construction and Installation
5.16 Additional Facilities or Work Required
5.17 Incomplete or Faulty Works
5.18 Entry for Emergency Repairs
5.19 Damages or Relocation of Existing Services or Neighbouring Wells
5.20 Use of Works by Town
5.21 Maintenance of Roads after Completion
5.22 Requirements for Certification of Completion
5.23 Period of Required Maintenance of Works
5.24 Requirements for Certificate of Acceptance
5.25 Ownership of Works by Town
5.26 Requirements for Certificate of Release
5.27 Requirements for Oversized or External Services
5.28 Responsibility of Subsequent Owners
L.R. : 22.10.88
SCHEDULES TO AGREEMENT
A. Legal Description of Land
B. Plan of Subdivision (reduction)
C. Charges Against Said Lands
D. Development Charge Levies
E. Grants of Easements
F. LANDS/CASH TO BE DEDICATED
G. WORKS REQUIRED
H. UTILITIES AND SERVICES REQUIRED
I. DUTIES OF OWNER'S ENGINEER
J. COST ESTIMATES
K. INSURANCE POLICIES REQUIRED
L. Regulations for Construction
M. Use of Said Lands
N. Lands Unsuitable for Building
0. Lands Require Site Plan Approval
P. Oversized Services
Q. Conservation Authority's Work
R. Engineering and Inspection Fees
S. Region's/Minister's Conditions of Approval
T. Tree Preservation Plan (reduction)
U. Landscaping Plan (reduction)
V. Requirements From Other Agencies
W. Architectural Control Standards
L.R. : 10.04.89
1. DEFINITIONS
In this Agreement:
1.1 "Applicant" shall mean an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots or
blocks covered by this Agreement.
1.2 "Commissioner01 shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.3 "Council" shall mean the Council of the Corporation of the TOWn of
Newcastle.
1.4 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative.
1.5 "Director of Community Services" shall mean the Director of Community
Services of the Town of Newcastle or his designated representative.
1. 6 "Director of Planning" shall mean the Director of Planning and
Development of the Town of Newcastle or his designated representative.
1.7 "Minister" shall mean the Minister of Municipal Affairs, Ontario.
118 "Owner" shall include an individual, an association, a partnership or
a corporation and wherever the singular is used herein, it shall be
construed as including the plural.
119 Owner's "Engineer" shall mean a professional Civil Engineer,
registered by the Association of Professional Engineer of Ontario.
1.10 "Region" shall mean the Corporationof the Regional Municipality of
Durham.
1.11 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle.
1.12 "Town" shall mean Council or any official, designated by Council to
administer the terms of the Agreement.
1.13 "Treasurer" shall mean. the Treasurer of the Town of Newcastle or his
designated representative.
L.R. : 22.10.88
2. GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest.
(2) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town pursuant
to the terms of this Agreement,
2.2 COPY OF PLAN AND AGREEMENTS REQUIRED
Subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the execution
of this Agreement, provide the Town with as many copies as the Town requires of the
plan of subdivision for the said Lands, which plan shall be the plan prepared for
approval by the Commissioner, the Minister, or the Ontario Municipal Board. The
said plan is attached hereto as Schedule "B" and is hereinafter called the "Plan" .
The Owner shall also furnish to the Town at the time of the execution of this
Agreement, one copy of the said Plan containing the stamp of approval of the
Region, and a copy of the subdivision agreement entered into between the Owner and
the Region with respect to the said Plan if such approval and/or Agreement is in
existence at the time of the execution of this Agreement. If the approval or
agreement with the Region is not available at the time of the execution of this
Agreement, the Owner agrees to provide the Town with the Plan with the stamp of
approval of the Region and a copy of the Subdivision Agreement entered into with
the Region, immediately after approval is granted or the agreement signed. The Owner
shall also furnish to the Town at the time of the execution of this Agreement one
copy of each of the agreements entered into with the Public Utilities Commission or
other authority or company having jurisdiction in the area of the said Lands for the
design and installation of the utilities, or, if such agreement or agreements are not
in existence at the time of the execution of this Agreement, the Owner agrees to
provide the Town with a copy of each such agreement immediately after such agreement
is signed.
2,3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, deliver
to the Town executed transfers of easements free and clear of all encumbrances as
set out in Schedule "E" hereto.
(2) If, subsequent to the registration of the Plan, but prior to the issuance
of a building permit in respect of a lot or block, further easements are required
for utilities or drainage, or other purposes, in respect cf any lot or block within
the Lands, the Owner agrees to transfer to the Town such further easements upon
request. The Town shall not unreasonably request such further easements, and in no
event shall a further easement be requested which would prevent the erection of a
dwelling or any such lot or block.
2,4 DEDICATION •OF LANDS
The Owner shall, at the time of the execution of this Agreement, deliver to the
Town executed deeds of conveyance, sufficient to vest in the Town, or where
applicable, in any other public authority or person, absolute title in fee simple,
free and clear of all liens, charges, encumbrances and easements, the lands set out
in Schedule "F" hereto. Such conveyance shall include the dedication, by the Owner
to the Town of the lands required by the terms of the Planning Act, as amended,
from time to time to be dedicated for public purposes, other than for highways,
unless the Town has agreed to accept cash in lieu of such lands, as provided
herein.
L.R. : 22.10.88
2_5 REGISTRATION OF DEEDS AND GRANTS OF EASUiIENTS
The aforementioned deeds and grants of easements shall be prepared by the Owner
and registered at the Owner's expense at the same time as the Plan is registered.
In such deeds and grants of easements the registered number of the Plan shall be
left blank and the Owner hereby authorizes the Town to insert such Plan number
after registration of the Plan.
2_6 LANDS FOR SCI.00L PURPOSES AND SECONDARY OPTION
(1) The Owner shall, at the time of the execution of this Agreement, deposit
with the Town a letter from each and every School Board having jurisdiction over
the said lands stating that arrangements satisfactory to each and every School
Board have been made respecting the acquisition of any lands necessary for school
purposes to serve the said lands.
(2) In the event that a School Board which has an option to acquire any lot or
block within the Plan and does not exercise its option, the Owner hereby agrees
to notify the Clerk of the Town in writing that the School Board has not exercised
its option and the Owner hereby grants to the Town an irrevocable option to acquire
such lands upon the same terms and conditions as the School Board could have acquired
the property, except that the Town shall exercise the option hereby granted, in
writing, within sixty (60) days of receipt of notification from the Owner that
the School Board has failed to exercise its option and, the purchase of such Lands
by the Town shall be completed within ninety (90) days of the exercise of its option_
2_7 INTEREST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2_8 NOTIFICATION OF a'NER
If any notice is required to be given by the Town to the Owner in respect of this
Agreement, such notice shall be mailed or delivered to:
Nor-Arm Developments Inc.
1110 Sheppard Avenue East, Suite 500
Willowdale, Ontario
M2K 2W2
or such address as the Owner has notified the Town, in writing, and any such notice
mailed or delivered shall be deemed good and sufficient notice under the terms
of this Agreement.
2_9 REGISTRATION OF AGREEMENT
The Owner and Mortgagee hereby consent to the registration of this Agreement by
the Town and covenant and agree not to register or permit the registration of any
document after registration of the Plan of Subdivision on any land included in
the said Plan unless this Subdivision Agreement, and any deeds, easements or other
documents required to be furnished thereunder, have first been registered against
the title of the land included in the Plan.
2_10 RENEGOTIATION AND AMENDMENT OF AGREEMENT
(1) The Owner agrees that the Town may at its option in the circumstances set
out below on thirty (30) days written notice to the Owner, declare this Agreement
to be subject to renegotiation, whereupon the Owner agrees not to undertake any
construction or installation of any of the Works until this Agreement has been
renegotiated. This Agreement may be subject to renegotiation if:
(i) the Region approves a plan of Subdivision for the said lands which
is substantially different from the Plan attached hereto as Schedule
or
L.R.: 26.2.85
(ii) the Plan of Subdivision is not finally approved by the Region and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the Owner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement
has been executed and is subsequently amended, and the provisions
of such agreement affect materially the location or sizing of any
of the Works to be supplied and installed under the terms of this
Agreement; or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the terms of
this Agreement and any of the Schedules but an amendment shall only be effective
if in writing and executed under the seals and hands of the proper officers of
each party.
(3) The parties hereto acknowledge that at the time of the execution of this
Agreement, only a red lined copy of the plan of subdivision is in existence and
all descriptions in this Agreement and the Schedules annexed hereto refer to the
descriptions in the red line plan annexed hereto as Schedule "B". Upon the final
plan of subdivision being approved by the Minister of Housing the final plan shall
be substituted for the red lined plan annexed as Schedule "B" and all amendments
necessary or requisite shall be made to conform with the descriptions used in this
Agreement and the Schedules (and without limiting the generality of the foregoing,
in Pa rticular Schedules "B" , "E" "F" "G", "N11f "O" "P" " ", "T U" "V"
and
"W") with the final plan of subdivision.
2-11 Ta w TO ACT PRWjpTLy
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the Director,
is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission
or approval, then such action, decision, confirmation, authorization, permission
or approval shall be made promptly and in all respects the Town and its officers,
servants or agents shall act reasonably.
2_12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his obligations
under this agreement.
2_13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provisions contained
therein, are hereby made a part of this Agreement as fully and to all intents and
purposes as though recited in full herein:
Schedule "A" - "Legal description of said Lands"
Schedule "B" - "Plan of Subdivision for final approval"
Schedule "C" - "Charges against said Lands"
Schedule "D" - "Development Charge Levies"
Schedule "E" - "Grants of easements to be dedicated"
Schedule "F" - "Lands and/or cash to be dedicated"
Schedule "G" - "Works required"
8
Schedule "H" - "Utilities required"
Schedule "I" - "Duties of Owner's Engineer"
Schedule "J" - "Cost Estimates"
Schedule "K" - "Insurance Policies required"
Schedule "L" - "Regulations for construction"
Schedule "M" - "Use of said lands"
Schedule "N" - "Lands subject to building restrictions"
Schedule "O" - "Lands requiring site plan"
Schedule "P" - "Oversized and/or External Services"
Schedule "Q" - "Conservation Authority's Works"
Schedule "R" - "Engineering and Inspection Fees"
Schedule "S" - "Minister's/Region's Conditions of Approval"
Schedule "T" - "Tree Preservation Plan" (Reduction)
Schedule "U" - "Landscaping Plan" (Reduction)
Schedule "V" - "Requirements from other Agencies"
Schedule "W" - "Architectural Control Standards"
2.14 MORTGAGE
The Mortgagee does hereby postpone his mortgage to this Agreement with the intent
that this Agreement shall take effect as though dated, executed and registered
prior to the mortgage and the Mortgagee covenants and agrees that in the event
that he obtains ownership of the said lands by foreclosure or otherwise, he shall
not use or develop the said lands except in conformity with the provisions of this
Agreement.
2.15 SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of the parties
hereto, its, his or her respective heirs, executors, administrators, successors
or assigns.
L.R. : 18.6.85
3. FINANCIAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all Municipal
taxes outstanding against .the said Lands, as set out in Schedule "C" hereto. The
Owner further agrees to pay any municipal taxes which may become due and payable by
it, in- respect of any of the said Lands, prior to the sale by the Owner of such
lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The Owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as set
out in Schedule "C" hereto. Such charges shall include the Town's share of any
local improvements which serve the said Lands and shall include the commuted value
of such charges including charges falling due after the date of the execution of
this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act,
R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto, including
the commuted value of such charges falling due after the execution of this
Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGE LEVIES
The Owner shall pay all development levies in the amounts and at the times set out
in Schedule "D" hereto. Notwithstanding the provisions of Schedule "D" as to the
times at which the development charges shall be paid, the Owner shall, prior to
the issuance of any building permit in respect of any lot or block, pay all
remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LAND DEDICATION
The Owner agrees that, if the Town agrees to accept cash in lieu of the dedication
by the Owner to the Town of lands for public purposes, other than highways, the
amount of such cash payment shall be as set out in Schedule "F" hereto. The' Owner
further agrees to pay to the Town on any such cash payment as set out in Schedule
"F" hereto, at the time of the execution of this Agreement.
3.5 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to Commence
Work, lodge with the Tovm by cash or by means of an irrevocable letter of credit
issued by a chartered Canadian bank, guaranteeing the performance by the Owner of
the provisions of this Agreement. Such cash or. irrevocable letter of credit shall
be in an amount equal to the Works Cost Estimate with respect to the Plan or stage
of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter collectively referred to as a "Performance Guarantee" .
3.7 USE OF PERFORMANCE GUARAN'T'EE
The Owner agrees that the Town may, at any time, authorize the use of all or part
of any Performance Guarantee if the Owner fails to pay any costs payable by the
Owner to the Town under this Agreement by due date of the invoice for such costs.
L.R. : 22.10.88
3.1.3 PAYINEWT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the Owner is obliged in any
way shall be deemed to include the words "at the expense of the Owner" unless the
context otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall reimburse the Town
for all reasonable legal, planning, engineering and other technical advice and
assistance actually incurred by the Tom in connection with the preparation for
and attendances at any Ontario Municipal Board hearings in respect of draft approval
of Subdivision 18T-82037 revised and any amendments of the Town's zoning By-law
(By-law 84-63).
(3) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually incurred
for the preparation and registration of this Agreement, and the legal services
contemplated by the terms of this Agreement, which shall include review of performance
guarantee and the preparation of any release.
(4) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other documents
and calculations of charges for which the Town is seeking reimbursement as noted
in Paragraphs (2) and (3) above.
(5) The Owner shall pay the Town for all engineering and inspection costs
in accordance with the provisions of Schedule "R" hereto.
(6) The Owner consents to the Registration of this agreement upon the title
of the lands within the plan, and shall pay the Town $1400.00 for all administrative
expenses incurred for the preparation of this agreement, upon the return of said
agreement for execution by the Town.
3.14 LAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is specified,
shall be thirty (30) days after the date of the invoice. Interest shall be payable
by the Owner to the Town on all sums of money payable herein, which are not paid
on the due dates. The interest penalty charges will be the same rate as charged
on outstanding tax balances.
3.15 OCCUPANCY PERMIT
Prior to the issuance of the first building permit the Owner agrees to lodge with
the Town an irrevocable letter of credit annually renewable and issued by a chartered
Canadian bank in an amount of Fifteen Thousand Dollars ($15,000.00) to guarantee
that occupancy does not occur in respect of any lot or block before the issuance
of an Occupancy Permit for such lot or block. In the event that occupancy occurs
in respect of any lot or block before the issuance of an occupancy permit contrary
to paragraph 4.8, the Town may draw down said Letter of Credit by an amount necessary
to correct the default relative to occupancy. In the event of such default, the
Owner shall immediately restore the Letter of Credit for the full amount of Fifteen
Thousand Dollars ($15,000.00) . So that the amount of security deposit on hand with
the Town always equals Fifteen Thousand Dollars ($15,000.00) . The Letter of Credit
shall be released to the Owners at such time as the last unit is ready for occupancy
in accordance with the terms of this Agreement or at such earlier date in writing
by the parties. The Town agrees to permit the letter of Credit lodged by the Owner
to the substituted, either in mole or in part, by a Letter of Credit submitted
by the builder to whom the Owner has sold a lot or block with the Plan. The Owner
agrees to obtain any such Letter or Letters of Credit, on behalf of and in favour
of the Town, at such time as any or all of said lands are sold. The Town further
agrees to relase substituted portions of the Owner's Letter of Credit, in respect
of occupancy.
It is noted that the Occupancy Deposit requirement is based on the following scale:
up to 50 lots $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 acknowledges that the Letter of Credit is for Phase one (1) only. . . .the
remaining Phases will be dealt with through further Development Agreement.
3.8 -INDEMNIFICATION OF TaV AND INSURANCE
The Owner covenants and agrees to indemnify the Town against all actions, causes
of actions, suits, claims and demands whatsoever and howsoever caused, which arise
either by reason of the development of the said lands, or the undertaking of the
design, construction, installation and maintenance of the Works and Utilities.
The Owner agrees to indemnify the Town with respect to all such claims notwithstanding
the issuance of a Certificate of Release provided for in this Agreement. The Owner
shall also provide the insurance called for by Schedule "K" of this Agreement.
3.9 i1A NTENANCE GUARANTEE REQUIRED AND MAINTENANCE GUARANTEE PERIOD
In order to guarantee that all defects in the Works which become apparent after
the issuance of a Certificate of Completion for such Works, will be properly repaired
or replaced, the Owner shall, prior to the issuance of the Certificate of Completion
for such Works, lodge with the Town a Maintenance Guarantee in the form of cash
or an irrevocable letter of credit from a chartered Canadian bank, and in an amount
equal to fifteen percent (150) of the estimated cost of the Works as set out in
Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to
the approval of the Town Treasurer; and shall guarantee the Works from the date
of the issuance of a Certificate of Completion for the works covered by such Certificate
of completion for a period as follows:
a) Storm Sewer System: a minimum of two (2) years commencing upon the date
of issuance of the Certificate of Completion for the Storm Sewer System
and terminating upon the date of the issuance of the Certificate of Acceptance
for the Storm Sewer System.
b) Roads and Above Ground Services: a minimum of two (2) years from the date
of issuance of the Certificate of Completion for the Roads and Above Ground
Services.
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement, by the due date of the invoice for
such costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town shall not be obliged to release to the Owner the
unused portion of any Performance Guarantee until:
(1) a Certificate of completion has been issued for the Works for which
such Performance Guarantee was required; and
(2) the Owner has deposited with the Town the Maintenance Guarantee applying
to those Works for which such Performance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and installation
of the Works for which such Performance Guarantee was required, there are no outstanding
claims relating to such Works.
(4) the Town may, from time to time, at the discretion of the Director
of Public Works, reduce the amount of the value of the Performance Guarantee to
reflect the progress of the Works required to an amount equal to the value of the
uncompleted Works, plus fifteen percent (150) of the value of the completed Works
on approval by the Director of a Progress Certificate prepared by the Owner's Engineer.
3.12 REQUIRE,=S FOR RELEASE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town shall not be obliged to release to the Owner the
unused portion of any Maintenance Guarantee until:
(1) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was -required; and
(2) the Town is satisfied that,in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works; and
(3) the town has received the as-built drawings for such Works.
4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN
The owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director of Planning of
a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and
showing thereon:
(1) the location and approximate size of all existing trees over 30.5 cm. in
circumference at 1.5 m. above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
No work shall be done and no such trees removed until the Tree Preservation Plan is
approved and only then, in accordance with such approved Plan. The Owner agrees to
abide by the Tree Preservation Plan as approved by the Director of Planning. The
Tree Preservation Plan is attached herein as Schedule "T" and forms part, of this
Agreement. In the event that any tree required to be preserved is removed or
damaged, then the Owner shall replace that 'tree with a tree of a height, diameter
and species to be determined by the Direction of Planning; such replacement shall be
at no cost to the Town.
4.2 APPROVAL OF LANDSCAPING PLAN
(1) The Owner shall, prior to the issuance of any Authorization to Commence
works as provided herein, have received the written approval of the Director of
Planning and the Director of Public Works of a plan of the said lands, hereinafter
called the "Landscaping Plan" as attached herein as Schedule "U" of this Agreement.
(2) The "Landscaping Plan" shall conform to the Town's landscaping design
criteria, as amended from time to time, and the Owner further warrants to comply
with the following basic requirements:
a) all lots in Urban Areas are to be sodded and all lots in Rural Areas
are to be sodded/seeded within one (1) year of occupancy of the
dwellings located thereon.
b) location of tree planting to be provided at a minimum of one tree per
lot.
c) tree species to be specified and must be a minimum of 3.5 metre in
height and 6 cm. in caliper, staked and bagged, and must be planted
within one (1) year of occupancy of dwelling units.
d) screen planting and fencing to be provided between residential use and
other use.
e) location of fencing to be along the boundaries of reverse lot
frontage, walkways, park and open space block. Fencing is provided along
and the rear of lots l to 6 inclusive.
f) fencing shall be of a minimum height of 6 feet. Chainlinked fence is
not permitted except in areas abutting walkway.
g) type, colour, material and design of fencing must be detailed in
drawings and form part of the "Landscaping Plan" .
h) where wood fence is proposed, it must be pressured treated wood or
better quality.
(3) The Owner agrees to install these works as per the approved "Landscaping
Plan" in an expeditious manner during the construction of the subdivision plan.
The Owner further acknowledges that the Town has the right to draw on the Letter of
Credit with respect to the Performance Guarantee for the landscaping work at any
time when deemed necessary by the Director of Planning.
4.3 USE OF SAID LANDS
The Owner agrees that the said Lands shall not be used for any purpose other than
that set out in Schedule "M" hereto without the prior written consent of the Town.
L.R. : 22.10.88
4.4 LANDS UNSUITABLE FOR BUILDING
The Owner agrees that the lots and blocks of the Plan which are set out in Schedule
"N" hereto are unsuitable for building purposes and that no application will be
made for a building permit for the erection of any structure on any such lot or
block until the conditions outlined in Schedule "N" hereto for such lot or block
have been satisfied to the approval of the Directors of Planning and Public'Works
and/or any other authorities having jurisdiction. The Owner further agrees to
maintain these lots or blocks in a condition acceptable to the Director of Planning.
4.5 LANDS REQUIRING SITE PLAN
The Owner covenants and agrees that no application for any.building permit in
respect of the lots or blocks of the Plan which are set out in Schedule 110" shall
be made until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot and unless the application fora building
permit complies in all respects with the terms of the said Site Plan Agreement.
4.6 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality nor the approval by the
Town of the Plan for registration, nor the issuance by the Town of any Certificate
of Acceptance shall be deemed to give any assurance that building permits when
applied for will be issued in respect of any of the said Lands. The Owner agrees
that no application for any building permit in respect of any of the said Lands
shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have been
constructed. to at least the completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director.
(3) all of the Works required to be constructed and installed under such
roads have been constructed and installed to the approval of the
Director; and
(4) all of the Utilities required to be constructed and installed
pursuant to Schedule "H" have been constructed and installed to the
approval of the authorities having jurisdiction over such Utilities.
Alternatively, the Town has received written confirmation from such
authorities that sufficient financial securities have been received
to cover the design and installation of same;- and
(5) the Owner has provided the Director of Planning with a mylar copy of
the registered plan of this subdivision; and
(6) the Development Levies have been paid in respect of the lot or block in
the Plan for which the building permit is applied for; and
(7) the Owner has deposited, and maintained in good standing, the
Occupancy Permit Deposit fee as required by Paragraph 3.15 of this
Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the Owner has fulfilled the conditions
with respect to the lot(s) and block(s) as set out in Schedule "N" as
required by Paragraph 4.4 of this Agreement; and
(9) ' if the application for a building permit is in respect of any lot or
block as set out in Schedule 110" the Owner has entered into a Site
Plan Agreement with respect to the lot(s) or block(s) as set out in
Schedule 110" as required by paragraph 4.5 of this Agreement; and
(10) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to this Agreement has been deposited with the Town and is in
good standing; and
L.R. : 22.10.88
(11) the applicant has submitted a site plan satisfactory to the Director,
and verified by the Owner's Engineer that the final grades of the
respective lot(s) or block(s) is appropriate for the building(s)
proposed to be constructed and the grading of the lot and proposed
access conforms to the approved lot grading plan, and the Town's
Design Criteria and Standard Detail Drawings.
(12) the Owner has erected or caused to be erected a sign displaying all
roads, lots and blocks within the approved Plan of Subdivision for
the said Lands sufficient to illustrate the future housing types and
distribution, the location of any parks, open space, school or
commercial blocks proposed on the said Lands, as well as all future
uses for lands abutting the said Lands as identified by an approved
Official Plan, Neighbourhood, or Hamlet Development Plan, or an
approved draft Plan of Subdivision; and
(13) (a) the Owner has constructed access routes to the subdivision to
meet Subsection 3,2,5.2(6) of the Ontario Building Code and
installed all watermains and hydrants which are fully serviced
and the Owner further agrees that during construction, fire
access routes be maintained according to Subsection 2.5.1,2 of
the Ontario Fire Code, storage of combustible waste be maintained
as per Subsection 2.4.1.1 and open burning as per Subsection
2.6.3.4 of the Ontario Fire Code; and
(b) the Owner shall comply with the Ontario Fire Code with respect to
Combustible Waste (Section 2.4.1.1) and Open Burning (Section
2.6:3,4) and further agrees to have regard to the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builders'
Association and the Toronto Home Builders' Association; and
(14) the Owner has provided written confirmation that all dwellings to be
erected in this subdivision meet the minimum architectural control
standards as contained in Schedule "W" to this Agreement,
(15) the Owner has satisfied the requirement of Paragraph 4.12 (Special
Conditions) of this Agreement,
4.7 MODEL HOMES
(1) (a) Notwithstanding the provisions of Paragraph 4.6 of this Agreement,
the Owner may apply for building permits for up to Ten Percent (10%)
of the total lots within the subdivision for model purposes, provided
that such application is in conformity with the requisite by-laws of
the Town and The Ontario Building Code, 1980, provided that all
building permit fees, occupancy penalty, performance guarantee and
appropriate development levies as provided for in this Agreement have
been paid or provided, and that the developer has satisfied the Town
that the final grades of the lot are appropriate for the proposed
building and that grading complies with the overall grading plan; and
that the Owner has complied with the provisions of Paragraph 4.6(12)
and 4.6(14) .
(b) The Owner agrees that prior to issuance of building permits in
respect of model homes, to obtain the approval of the Director of
Public Works in respect of access to the model homes. Where an
alternate access is proposed to provide access to model homes, such
access shall be of a standard acceptable to the Director of Public
Works and the Fire Chief of the Town of Newcastle.
(2) The Owner agrees that any model home shall be used for display purposes
only and shall not be occupied for any residential purpose until such time as the
provisions of Paragraphs 4.6 if applicable and 4.10, of this Agreement have been
complied with and if such model home is occupied for residential purposes contrary
to this paragraph the provisions of Paragraph 3.15 shall apply.
4.8 ARCHITECTURAL CONTROL STANDARDS
(1) The Owner agrees that all dwellings to be erected shall meet the minimum
Architectural Control Standards as contained in Schedule "W" to this
Agreement.
L,R, : 10,04,89
4.9 REQUIREMENTS- FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said Lands until:
(1) the Town has registered against the title to such lands any grant of
easement in respect of such lands; and
(2) where no building permit has been issued in respect of any lot or block
proposed to be sold, the Owner has obtained from the prospective purchaser
a convenant that such purchaser agrees at any time prior to the issuance
of a building permit, to provide the Town with any grants of easement
required for utility or drainage purposes upon the written request of the
Town; and
(3) the Owner has obtained from the prospective purchaser a licence to permit
the Owner and/or Town, to enter upon such lands to perform its obligations
under this Agreement; and
(4) the Performance Guarantee and/or Maintenance Guarantee required pursuant
to this Agreement has been deposited with the Town and is in good standing.
(5) the Owner has inserted in the agreement to purchase entered into by the
prospective purchaser, notice that the lands are subject to the covenants
and obligations set forth in this Agreement, and more particularly,
Section 5.28 in respect of obligations of subsequent owners.
4.10 REQUIREMENTS FOR AUTHORIZATION TO OCCUPY
Notwithstanding the requirements of any statute, regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission of
the Town hereinafter called an "Occupancy Permit" . In addition to any other
requirements contained,herein, no Occupancy Permit shall be issued for any building
until;
(1) all of the roads which are required to be constructed under this
Agreement, which will provide access to such building, have had the
application of the base course of asphalt, to the written approval of the
Director and the required street lighting system has been installed and
energized; and
(2) all of the storm drainage system required to be constructed and installed
to service such building has been constructed and installed to the written
approval of the Director, and the building has been connected thereto; and
(3) all of the Utilities, save telephone and cable T.V. required to be
constructed, installed and connected to the building pursuant to Schedule
"H", have been so constructed, installed and connected to the written
approval of the authorities having jurisdiction over such Utilities; and
(4) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authority having
jurisdiction; and
(5) the Owner's Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any .variance to the
Grading and Drainage Plan.
(6) the building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
L.R. ; 22.10.88
(7) Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a "Temporary Occupancy Permit" in the event
that the Owner has not been able to comply with the requirements of sub-paragraph
(5) by reason of seasonal, weather or other conditions beyond the control
of the Owner. Prior to the "Temporary Occupancy" of said dwelling, confirmation
with respect to the compliance with the provisions of Sub-paragraphs 4.8(1) ,
4.8(2) ,4.8(3) , 4.8(4) and 4.8(6) is to be provided, in writing, by the
Owner. Furthermore, the written certification required in Section 4.8(5)
shall be provided to the Town within one (1) year of the date of "Temporary
Occupancy" of said dwelling unit. Failure to comply with the above will
result in a reduction of the Occupancy Deposit letter of Credit pursuant
to the provisions of Paragraph 3.15.
4.11 REQUIREMENTS FOR PARKS AND OPEN SPACE
N/A
4.12 SPECIAL CONDITIONS
(1) The Owner covenants and agrees to comply with the provision of Schedule
"Q" and Schedule "V" attached hereto_
(2) The Owner agrees to create to the satisfaction of the Director of Community
Services, a fenced walkway between lots 6 and 7, suitable for wheel chair
and pedestrian access to the valley land floor.
(3) The Owner covenants and agrees to be responsible for fulfilling all conditions
financial or otherwise, to the satisfaction of the Director of Public Works,
contained in the Proctor and Redfern Drainage Report as affecting said
lands.
(4) The Owner covenants and agrees to bear the cost (100%) of any works required
on the existing portion of Royel Pine Court which are necessitated as a
result of this development.
5. P73BLIC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule "G" hereto
(hereinafter called "the Works") . Upon commencement of construction of the Works and
until the issuance of a Certificate of Acceptance as hereinafter provided, the Works
shall remain the property of the Owner and the Owner shall be fully responsible for
their maintenance. .After the issuance of a Certificate of Acceptance, the Works
shall vest in and become the responsibility of the Town.
5.2 UTILITIES AND SERVICES REQUIRED
The Owner shall be responsible for entering into agreements with the appropriate
Public Utilities Commission or other such authority or company having jurisdiction
in the area of the said Lands for the design and installation of the Utilities as
more particularly referred to in Schedule "H" .
5.3 OWNER'S ENGINEER
The Owner shall retain a Professional Civil Engineer, registered by the Association
of Professional Engineers of Ontario and hereinafter called the "Owner's Engineer" ,
to administer this Agreement, whose duties are set out in Schedule "I" hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works shall comply with the Design
Criteria and Standard Detail Drawings of the Town. In the event of any dispute as
to such standards or in the event of any dispute as to such design requirements, the
decision of the Director shall be final.
5.5. APPROVAL OF ENGINEERING DRAWINGS
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director for all
drawings of all the Works hereinafter called the "Engineering Drawings" . If no
construction of the Works has commenced within two (2) years of the date of
approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted
to the Director for re-approval and further revisions if required by the Director,
and no work shall be done unless in accordance with the said revised and
re-approved drawings.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
1
The Owner shall, prior to the issuance of any Authorization to Commence Work as
provided herein, have received the written approval of the Director of a plan,
hereinafter called the "Grading and Drainage Plan", and showing thereon the
existing drainage pattern on all adjacent lands, all proposed grading and drainage
works for the said Lands, indicating the direction of all surface drainage,
including water from adjacent lands originally flowing through, into or over the
said lands to the municipal storm sewer system or any other outlet approved by the
Director. This Grading and Drainage Plan shall be approved and signed by the
Director prior to the construction of any services or roads on the said Lands. If
no construction of the work is commenced within two (2) years of the date of
approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be
resubmitted to the. Director for reapproval and revision, if required by the
Director and no such work shall be done unless in accordance with the said revised
and re-approved drawings.
5.7 STAGING OF CONSTRUCTION
Prior to commencement of works, at the discretion of the Director of Public Works,
the Owner shall prepare and submit a Phasing Plan. If the Owner wishes to
construct and install the Works and Utilities in stages, the Owner shall, prior to
the issuance of any Authorization to Commence Work as hereinafter provided, prepare
for the approval of the Director of Public Works and the Director of Planning, a
plan hereinafter called the "Staging Plan" which divides the Plan into stages for
the construction, installation and maintenance of the Works and Utilities.
L.R. : 22.10.88
The Owner shall not proceed until such Staging Plan has been approved by Director
of Public Works, and shall proceed only in accordance with such approved Plan,
except as it may be subsequently amended with the approval of the Director of Public
Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the "Schedule of Works") which sets out the timing sequence
in which the Owner proposes to construct and install all of the Works and Utilities
and, where the installation of the Works and Utilities are to be staged the Owner
shall, prior to the Authorization to Commence Work for each such stage, receive
the written approval of the Director of a Schedule of Works for such stage. The
Owner shall proceed only in accordance with the approved schedule, except as it
may be subsequently amended with the approval of the Director.
5.9 APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to Commence Work
as hereinafter provided, the estimated cost of construction and installation of
all of the Works, hereinafter called the "Works Cost Estimate", shall be approved
by the Director and entered in Schedule "J" hereto. If the Town has approved a
Staging Plan for the said Lands, the Owner further agrees that the estimated cost
of construction and installation of the Works for each stage,, hereinafter called
a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule
"J" hereto.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, hereinafter called an "Authorization
to Commence Works". The Owner shall only commence those Works permitted by the
Authorization to Commence Works. In addition to any other requirements contained
herein, no Authorization to Commence Works shall be issued for any of the Works
until:
(1) the Plan has received final approval from the Region; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this agreement and copies
of the Plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1,3.2, 3.3 and 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been registered;
and
(7) the Owner has delivered letters from the appropriate Public Utilities Commission,
or authority or company having jurisdiction, stating that satisfactory agreements
have been entered into for the design and installation of the Utilities as required
by paragraph 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the Engineering
Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received written approval of the Directors of Public Works,
Planning and Community Services of the landscape plans as required by Paragraph
4.2 and as part of the works, more particularly referred to in Schedule "G".
L.R.: 22.10.88
(i1) the Owner has received the written approval of the Director of the Grading
and Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) the Owner has recieved the written approval of the Director of Planning
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the .Owner has received the written approval of the Director of Public
Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the Owner has received the written approval of the Director for the Works
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works as requiied by paragraph 3.6 of this Agreement and paid all cash
contributions,. due to the Town, as required by Schedule "J"; and
(17) the Owner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the Owner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of the date of the issuance of the Authorization to Commence Works; and
(19) the Owner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule "G" hereto with the written approval of the Director,
prior to the registeration of the Plan provided that Sections 3, 4, 7, 8, 9, 10,
11, 13, 14, 15, 16, 17 and 18 of this Clause have been satisfied. No Certificate
of Acceptance of the work, as referred to in Clause 5.25 of this Agreement, shall
be issued by the Director, until the Plan has been registered and all other
requirements relevant to the Certificate of Acceptance have been met. ' The
construction or installation of any of the work pursuant to this clause shall,
notwithstanding the aforementioned approval of the Director, be taken :at the sole
risk of the Owner. The Owner shall save harmless the Municipality from any action
or cuase of action resulting from the construction or installation of any of the
work as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Director has approved a Staging Plan for the said Lands, the Owner shall
require an Authorization to Commence Works for each stage of the Plan. If the Town
has issued an Authorization to Commence Works for one stage of the Plan, in
addition to any other requirements contained herein, no Authorization to Commence
Works shall be issued for any subsequent stage of the Plan until:
(1) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule "J" hereto; and
(2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of 'the Plan for which the Owner is seeking such Authorization to
Commence Works,
5.12 INSPECTION AND STOP WORK
The contract with any contractor employed the the Owner to construct or install any
of the Works shall provide that employees or agents of the Municipality may, at any
time, inspect the work of such contractor pertaining to the said Lands and the
Director, after consultation with the Owner's Engineer, shall have the power to
stop any such work in the event that, in their opinion, work is being performed in
a manner which may result in a completed installation that would not be
satisfactory to the Town or in the event the financial guarantees, required
pursuant to this Agreement, are not maintained in good standing.
L:R. : 22.10.88
5.1.3 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No variation from the Engineering Drawings
shall be permitted unless such variation is authorized in writing by the Director.
All construction on the said Lands shall be carried out in accordance with the
regulations for construction as set out in Schedule "L" hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works, proceed
to construct and install all of the Works continuously and as required by the approved
Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an Authorization
to Commence Works, complete the construction and installation of all of the Works
authorized in such Authorization to commence Works with the exception of the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding
and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the town
may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it will
be completed within the time specified for such completion, or if the said Work
is being improperly done, or if the Owner neglects or abandons the said Work, or
any part of it, before completion, or unreasonably delays the execution of the
same, or if in any other manner the said Work is not being done properly and promptly
in full compliance with the provisions of this Agreement, or in the event that
the Owner neglects or refuses to do over again any Work which may be rejected by
the Director as defective or unsuitable, or if the Owner in any other manner in
the opinion of the Director may default in performance under this Agreement, then
in any such case the director on the authority of the council of the town may notify
the Owner and his surety in writing of such default or neglect and within ten (10)
clear days after the giving of such notice or within such further period of time
as may be specified in the notice, the Town Council shall thereupon have full authority
and power immediately at its option to employ a contractor or such workmen as in
the opinion of the Director shall be required for the proper completion of such
work at the cost and expense of the Owner or his surety, or both. In cases of
emergency, in the opinion of the Director, such work may be done without prior
notice, but the Owner shall forthwith be notified. The cost of such work shall
be calculated by the Director, whose decision shall be final. It is understood
and agreed that the total costs shall include a management fee of thirty (300)
percent of a contractor's charges to the Town (including any charges for overhead
and profit) or, if such work is undertaken by the Town, thirty (30%) percent of
all charges incurred to complete the work, it being hereby declared and agreed
that the assuming by the Owner of the obligations imposed by this clause is one
of the considerations without which the Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreement, then in
any such case the Director may notify the Owner and his surety in writing of such
default and if the Owner fails to satisfy claims of the lien claimant within ten
(10) clear days after the giving of such notice or within such further period of
time as may be specified in the notice, then the Municipal Council shall thereupon
have full authority and power immediately at its option, to pay the full amount
of the claim and costs into an appropriate court having jurisdiction and the Municipality
shall be authorized to use all or part of any performance or maintenance guarantee
to do so. In the event that the Municipality draws upon the performance or maintenance
guarantee to satisfy the claims and costs of any lien claimant, the Owner shall
forthwith upon notice from the Director reinstate the performance or maintenance
guarantee to the full value required under the terms of the agreement.
L_R.: 22.10.88
5.18 ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or agents or
the town may enter the said Lands for the purpose of making emergency repairs to
any of the Works. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in
connection therewith, nor a release of the Owner from any of its obligations under
this Agreement.
5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(1) The Owner agrees to pay the cost of repairing any damage to any services
which, without limiting the generality of the foregoing, shall include road, water,
electrical, gas, telephone, cable television or sewer systems, and the cost of
relocating any existing services, caused by the development of the Lands or the
construction or installation of the Works on the Lands which are required by this
Agreement, provided all work is to be done to the satisfaction of the Director
and/or authorities responsible for such services. The Owner further agrees to
pay the cost of moving any of the Works constructed or installed under this Agreement
in driveways or so close thereto as in the opinion of the Director will interfere
with the use of the driveway.
5.20 USE OF WORKS BY TOWN
The Owner agrees that any of the Works may be used by the Town or other authorized
persons, for the purposes for which the Works are designed. Such use of any of
the works shall not be deemed an acceptance of any of the Works by the Town nor
an assumption by the town of any liability in connection therewith, nor a release
of the Owner from any of his obligations under this Agreement.
5.21 MAINTENANCE OF ROADS AFTER COMPLETION
(1) Notwithstanding any other requirement in this Agreement to maintain the
Works, if any building on the said Lands is occupied, the Owner shall maintain
all of the roads, which are required to be constructed and which provide access
to such building, until a Certificate of Acceptance has been issued for such road.
The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud free condition,
fit for all normal vehicular traffic, to the approval of the Director;
and
(b) during the course of installation of the Works and Utilities provide and
maintain safe and adequate access to all occupied buildings.
(c) errect a sign to indicate the unassumed road status to the satisfaction
of the Director of Public Works".
(2) The Town agrees to snowplow and sand paved subdivision roadways. Until
the roadways are- vested in the Town the Owner shall pay one hundred percent (1000)
of the actual cost of snowplowing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18
or subparagraph (2) of this paragraph, shall not in any way constitute approval
or assumption of the road and the road shall not be deemed to have been assumed
until a Certificate of Acceptance has been issued.
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the Works authorized
in an Authorization to Commence Works shall not be deemed to be completed for the
purposes of this Agreement until the Director has provided the owner with written
confirmation thereof, referred to herein as a "Certificate of Completion". In
addition to any other requirements contained herein, no Certificate of Completion
shall be issued until:
(1) Such of the works authorized by the authorization to Commence Works for
which a Certificate of completion is required, have been inspected by the Director,
and he is satisfied such Works have been constructed and installed in accordance
with the latest version of the Engineering*Drawings approved by the Director; and
(2) The Town is satisfied that, in respect of the construction and installation
of all of the works authorized by such Authorization to Commence Works, there are
no outstanding claims relating to such Works.
L.R.: 22.10.88
5e23 PERIOD OF REQUIRED MAINTENANCE OF WORKS
The Owner-shall from the date of the issuance of a Certificate of completion maintain
all of the Works covered by such Certificate of Completion for a period as follows:
a) Storm Sewer System: a minimum to two (2) years commencing upon the date
of issuance of the Certificate of Completion for the Storm Sewer System
and terminating upon the date of the issuance of the Certificate of Acceptance
for the Storm Sewer Systems_
b) Roads and Above Ground Services: a minimum of two (2) years from the date
of issuance of the Certificate of completion for the Roads and Above Ground
Services and terminating upon the date of the issuance of the Certificate
of Acceptance for the Roads and Above Ground Services.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of Completion shall
not be accepted, nor deemed to be accepted, for the purpose of this Agreement,
until the Director has provided the Owner with written confirmation thereof,referred
to herein as a "Certificate of Acceptance" . In addition to any other requirements
contained herein, no Certificate of Acceptance shall be issued until all of the
Works covered by such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the Director that all such
Works have been maintained to the approval of the Director for the period set out
in paragraph 5.23 of this Agreement.
5.25 OWNERSHIP OF WORKS BY TOWN
The Owner agrees that,upon the issuance of a Certificate of Acceptance, the ownership
of all of the Works covered by such Certificate of Acceptance shall vest in the
Town and the Owner shall have no right or claim thereto, other than as an Owner
of land abutting a road in which such Works are installed.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1) , (2) and (3) hereof, the Town agrees to provide
the Owner with a written release for the said Lands, referred to herein as the
"Certificate of Release", in a form suitable for registration or deposit in the
applicable Registry or Land Titles Office. In addition to any of the requirements
contained herein, the Certificate of Release for such stage shall not be issued
until:
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) a registered Ontario Land Surveyor, approved by the Town, has provided
the Town with written confirmation that at a date not earlier than the
end of the maintenance period described herein, he has found or replaced
all standard iron bars as shown on the Plan and survey monuments at all
block corners, the end of all curves, other than corner roundings, and
all points of change in direction of roads on the Plan; and
(3) the Town council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described therein
of all obligations of the Owner under this Agreement with the exception of the
Owner's responsibility for drainage as provieded herein and the Owner's acceptance
of the conditions for applying for Town building permits as provided herein.
L.R.: 22.10.88
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services (hereinafter
called "Oversized Services") or services outside the limits of the Plan of Subdivision
(hereinafter called "External Services' ) which are more particularly set out in
Schedule "P" hereto, the Town agrees that upon a developer of lands outside the
Plan of Subdivision connecting to such Oversized or External Services, to pay to
the Owner that portion of the cost of the Oversized or External Services (which
is also set out in. Schedule "P") that is equal to the proportion of the excess
capacity of such Oversized or External Services which is estimated to be utilized
by such developer.
The excess capacity of such Oversized or External Services shall be the capacity
of such services estimated to be available after the Owner has fully developed
the lands. The portion of such Oversized or External Services estimated to be
utilized by a developer of lands outside the Plan of Subdivision shall be calculated
by the Director, whose decision shall be final. In determining the cost of the
Oversized or External Services there shall be added annually from the first anniversary
of the issuing of the Certificate of Completion to the costs set out in Schedule
"P" a sum equal to the interest on the amount of the unpaid balance from time to
time of the cost of the Oversized or External Services calculated from the date
of the issuance of the Certificate of completion, at the highest prime lending
rate charged during the previous year by the Bank of Montreal at its main branch
in the City of Toronto, plus two percent (2%) .
(2) In the event that payment is required to be made under this paragraph by
the town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of Completion,
interest shall be calculated at the highest prime rate charged by such bank, plus
two percent (2%) from the date of the issuance of the Certificate of Completion
to the date of payment_ Interest shall be calculated on a per diem basis to the
date of payment.
L.R. : 22.10.88
J(1)
5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance of the Certificate of Release the registered owner of each
lot or block on the Plan shall have the sole responsibility for the following:
(1) The registered owner shall be responsible for providing and maintaining
adequate drainage of surface waters from such lot or block in accordance with the
approved lot grading and drainage plans referred to in Paragraph 5.6 herein.
(2) The registered owner of a lot or lots within the Plan, shall be responsible
for compliance with the terms of Paragraph 4.5 "Requirements for Building Permits"
of this Agreement if , at the time, a Certificate for Release is issued, no building
permit has been issued for such lot or lots.
(3) The registered owner of a lot or lots within the Plan, shall be responsible
for the maintenance of fencing required pursuant to Paragraph Seven (7) on Schedule
"G" to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year .first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in the behalf.
SIGNED, SEALED AND DELIVERED ) T ' CORPORATION THE TOWN OF ,CASTLE
In the presence of:
mz!�rie—Hweard Mayor
Patti Barr' -/ Clerk
}
NOR-ARM DEVELOPMENTS INC.
George Armoyan cretary and
of ating Officer
F, frJ
Pinetree Developme �Co. Limited
AZ
cZ1 By Lo ) /�
C.l.8.of C. ` )
r J. 1.1�1Yt LL
READ °
........».... 2 °� ) ,
Can a;ii jmperial'Bank of Commerce
(As ortg gee pursuant to paragraph 2.14 only)
i
L.R.: 15.09.8
JL
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approve
by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted and passed
_the 13th day of November 1989.
LEGAL DESCRIPTION OF SAID LANDS
(by Reference Plan)
All and singular that this certain parcel of land and premises, situated,lying
and being in the Town of Newcastle and the Regional Municipality of Durham, and
being comprised of Part of Lot 9, Concession 1, Town of Newcastle, Regional Municipality
of Durham, designated as Part 1 on Reference Plan 1OR-7 : attached.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASLTE
In the presence of: )
Marie Hubbard MAYOR
Patti Ba ie CLERK
NOR—ARM DEVELOPMENTS INC.
C
)George Armoyan Secretary and Chief
F } � r,� 6 �'gekd Operating Officer
By
��
Q
o$C. o )
Q 4FEICE }
)Pinetree Develo ment Co. Limite
27 iM) J. A T1 LL
)Ca iari Imperial Bank. of Commerce
(As mortgagee pursuant to paragraph 2.14 only)
L.R.: 26.2.85
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved
by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted and
passed the 13th day of November 1989.
PLAN OF SUBDIVISION
The attached reduced plan shall comprise Schedule B to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASLTE
In the presence of: ) , 4
4
fi�arie Hubbard MAYOR
) � 1
Patti arrie CLERK
NOR-ARM DEVELOPMENTS INC.
}
George Armoyan Secr Chief Operating
C �1e� f
Officer
biAd LIB Co k w i G^t\
Pinetree Developmej�o. Limited
/ m ART112L
APP 27 `1 }
By �� ) V SECRETARY
G
ttCan ian Imperial,/Bank of Commerce
(As' mor gagee pursuant to paragraph 2.14 only)
L.R. : 26.2.85
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J.D.BARNES
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES (to be paid prior to execution)
(2) LOCAL IMPROVEMENTS CHARGES (to be paid prior to execution)
(3) DRAINAGE CHARGES (to be paid prior to execution)
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 NEWCASLTE
In the presence of: )
'Marie Hubbard MAYOR
Patt,-i B ie CLERK
NOR-ARM DEVELOPMENTS INC.
George Armoyan Secrebary and Chief Operating
u -qi q CAA)V]tt 4o Officer
f1(A\ n
Pinetree DevelopmenZ//Co. Limited
j J. RTt L.L
APR �f
2 ! ) 4 S°Y SECRETARY
o Can wdian, Imperia�nk of Commerce
EAQ OFFICE
(As m0 gagee rsuant to paragraph 2.14 only)
!y
L.R. : 26.2.85
,THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of $59,480.00
(calculated at the rate of $2,974.00 for each dwelling unit) which shall be paid
as follows:
25% of the aforesaid sum being $14,870.00 forthwith upon the date of issuance
of execution of this Agreement
25% of the aforesaid sum being $14,870.00 at the date of issuance of the
building permit for the first dwelling unit.
25% of the foresaid sum being $14,870.00 on the first anniversary of the
issuance of the building permit for the first dwelling unit, or upon the
issuance of the building permit for the 12th dwelling unit, whichever date
is the sooner.
the remainder of the aforesaid sum being $14,870.00 twenty-four (24) months
following issuance of the building permit for the first dwelling unit or
upon the issuance of the building permit for the final dwelling unit, whichever
date is the sooner.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis against
all lots or blocks within the Plan upon which it is contemplated by this Agreement
that residences shall be built but, upon the issuance of the first building permit
and thereafter, the development charges shall be first applied in full satisfaction
of the development charges owing on the lots or blocks in respect of which the
building permits have been issued and the balance of any pro-rata basis against
all lots or blocks within the Plan upon which it is contemplated by this Agreement
that residences shall be built by for which no building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building permits
issued shall be the aggregate of all building permits issued with respect to any
lot or block within the Plan whether issued to the Owner or any other person.
The Town shall review its schedule of development charges annually and may adjust
the amount of the development charges herein in accordance therewith.
The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be applicable to all lots or
blocks within the Plan for which development charges remain due.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED ) E RPORATION OF THE TOWN OF NEWCASLTE
In the presence of: ) s
Marie and MAYOR
) p
)
Patti rie CLERK
NOR-ARM DEVELOPMENTS INC.
By {��� ) George A mo. an. t d C 'of 00 -ating
- I.B.of C. an° chi. a� ti f. r
H
OFFICE
Pinetree Developme ` Co. Limited
APR �� �/° J. HARTILL
2 7 ) 1 SECRETARY
Cana n Imperial Bank of Commerce
(As r tg�agee pursuant to paragraph 2.14 only)
t�
TEIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted
arnd passed the 13th day of November 1989.
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the following
easements:
1. Easement for storm sewers over lots 3 and 4 (Parts, Plan 10R- )
2. Easement for watermains and sanitary sewers over lots 6 and 7
(Parts , Plan 1OR )
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 NEWCASTLE
In the presence of: )
arie Hubbard MA�'OR
i
Patti arri CLERK
NOR-ARM DEVELOPMENTS INC.
Morge Arm yan re ry and Chief Operating
Pinetr e Development Co. Limi�e6
�y 2
J. EiARl
c a. . j
CT�
og
i^.0 OFFICE
. ........I.........
Can dan''I mperi.�Bank of Commerce
(As tYgagee,pursuant to paragraph 2.14 only)
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and
approved by By-law 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land:
a) Block 11 - Walkway
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Town, as cash in lieu of the dedication by the
Owner to the Town of lands for public purposes, the amount of five percent
(5%) of the market value of the said lands agreed upon as five percent
(5%) of $ 500,000, being $ 25,000, upon the execution of this Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASLTE
In the presence of: )
)
�
)Marie Hu -ard MAYOR
f
Patti rr CLERK
NOR-ARM DEVELOPMENTS INC.
George Armoyan e ary and Chi e perating
� e c� G�4n�c Offices
)b&d t '�
) Pinetree Development Limited
for 'z'
B ) e n J. HARTI LL
$ ) � SECRETARY
) Cana an `Imperial Bank of Commerce
(As o gee pursuant to paragraph 2.14 only)
TITS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and
approved by By-law 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day November of 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 and any other
appurtenances as may be required in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various streets,
shown on the Plan as follows: -
(a) pavement widths to be as shown on the approved Engineering Drawings.
(b) The grading and paving of all street, including the installation of Granular
"A" and Granular "B" material to provide a proper base for paving, shall
be as per the Town.of Newcastle Design Criteria and Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets,
as per the Town of Newcastle's Design Criteria and Standard Drawings as
shown on the approved Engineering Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in accordance
with the Town of Newcastle's Design Criteria and Standard Drawings, and
as shown on the approved Engineering Drawings.
(e) The Owner agrees to the grading and paving of all driveways between the
curbs and sidewalks, in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings. The grading and paving of all driveways
between the curbs and sidewalks, where sidewalks are installed, and in
all other cases, the grading and gravelling of the driveway between the
curb and the lot lines.
(f) The Owner agrees to construct,install, energize and maintain street lighting,
in accordance with the Town's specifications, on all streets and walkways,
to the satisfaction of the Director of Public Works.
(g) The Owner agrees to the topsoiling and sodding of the boulevards between
the curbs and the property line, as according to the Town of Newcastle's
Design Criteria and Standard Drawings and approved Engineering Drawings,
to the satisfaction of the Director of Public Works.
(h) The Owner agrees to supply, install and maintain traffic signs and permanent
street-name signs, in accordance with the Town's Design Criteria and Standard
Drawings and to the satisfaction of the Director of Public Works.
Schedule"G" Continued
3. PEDESTRIAN WALKWAYS
The Owner agrees to construct, install and maintain completed pedestrian walkways,
including all appurtenant fencing and lighting, in accordance with Engineering
Drawings to be approved by the Director of Public Works, and shall be:
The Owner agrees to create to the satisfaction of the Director of Community Services
a fenced walkway between Lots 6 and 7, suitable for wheel chair and pedestrian
access to the valley land floor.
(i) paved or concrete from edge to edge;
(ii) properly drained;
(iii) fenced and screened;
(iv) extended to the curb of any intersecting street and provide appropriate
curb cuts at these locations.
4. CONSERVATION WORKS
In addition to the work required by Schedule "Q", the Owner shall construct, install
and maintain certain conservation works within this Plan, such as retaining walls,
drainage channels and watercourse channelization works, including all appurtenant
fences and all other apparatus, in accordance with the Engineering Drawings approved
by the Director of Public Works.
5. LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to the Tree Preservation
Plan and the Lot Grading Plan, to the satisfaction of the Director of Public Works
and in the case of parks, to the satisfaction of the Director of Community Services.
6. LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements in accordance
to approved Landscaping Plan as set out in Paragraph 4.2 and Schedule "U" of
this Agreement.
(b) The Owner shall provide, plant and maintain, under the supervision of a qualified
nurseryman or horticulturist (and guarantee for one year from date of planting)
and tree and shrub planting requirements as per the approved Landscaping Plan.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED ) TE CORPORATION OF THE TOWN OF NEWCASLTE
In the presence of: ) Y
Marie Hubbard MAYOR
Patti &r7r CLERK
NOR-ARM DEVELOPMENTS INC.
eorge moyan. S eta _and Ch' Operating
� Offcer
Pinetree DevelopmjCo. Limi
r�EJR ) ARTI LL
f
2 7 19
'T SECRETARY
t
C diAn Imperial Bank of Commerce
(
Jo tgagee pursuant to paragraph 2.14 only)
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical services
are to be installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable Company
in order that the installation of any such system shall take place so far as possible
contemporaneously with the installation of other services so as to cause minimum
disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of a complete street lighting system to
service 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 Bell Canada for the design, provision and installation
of a telephone system to serve the said Lands, as approved by the Director. All
telephone services are to be installed underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including
gas mains, and all appurtenant manholes, laterals, service connections, apparatus
and equipment in the locations as approved by the Director.
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to provide
its services within the area of the Plan of Subdivision for the design, provision
and installation of a complete cable television distribution system to serve the
said Lands. All cable television services are to be 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.
L.R.: 22.10.88
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 NEWCASLTE
In the presence of: )
arie Hubbard MAYOR
tti_ rr e CLERK
NOR-ARM DEVELOPMENTS INC.
) George Ado an . ec tary and Chief Operating
rnUE f` Officer
co r(�0
Pinetree Development job Limited
By G
¢, .B.of C. o r�c� jCa H OFFICE = Ea 1���UNT ���dia Imperial Bank of Commerce
mo tgagee pursuant to paragraph 2.14 only)
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
THe Owner's Engineers shall prepare the following for the approval of the Director:
(a) the 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 Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve the Owner or the Owner's Engineer
of the responsibility for any errors or omissions in the above drawings, Plans
or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer shall act as the Owner's representative in all matters pertaining
to the construction and installation of the Works and shall co-operate with the
Town to obtain the necessary approvals for construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and inspection
staff to provide continuous service during all phases of the construction and installation
of the Works and the Private Works and to perform the following:
(a) provide field layout including the provision of line and grade to the contractors
and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;and
(c) arrange for or carry out all necessary field testing of materials and equipment
installed or proposed to be installed at the request of the Director; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the requirements of
the Director; and
(e) investigate and report to the Director any unusual circumstances which
may arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce the As-constructed
drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director.
37
Schedule "I" Continued
6. PREPARE AS CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare the As-constructed Drawings for the approval
of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED } THE CORPORATION OF THE TOWN OF NEWCASLTE
In the presence of: )
R
A
^ 'U6 �,
)
Marie Hubbard MAYOR
Patti rri CLERK
NOR-ARM DEVELOPMENT INC.
George Armoyan Secretar17 and Chief Operating
3 Off 1 -e°r
^" $� �0. Z Pinetree Developme t�Co. Limited
`,
�.�. .0f C. ) i ANRTI
IE :�OFFICF p SECRETARY
CanqiTian Imperial Bank of Commerce
(Asmortgagee pursuant to paragraph 2.14 only)
L.R.: 26.2.85
0
THIS SCHEDULE IS SCHEDULE "J" to the agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
PART 1
ESTIMATED COST OF WORK COST ESTIMATE
1. Rough Grading $20,920.00
2 . Storm Sewers 66,315.00
3. Initial Road 63,690.00
4 . Final Roads 49, 820.00
5. Street Trees 6,000. 00
6. Fencing 11,600.00
7. Street Lighting 2 ,500.00
SUBTOTAL $220,845.00
PLUS 15% ENGINEERING & CONTINGENCIES 37 ,417 .00
SUBTOTAL $258,262 .00
PART 2 - DEVELOPER'S SHARE OF EXTERNAL STORM SEWER DRAINAGE WORKS
Estimated Costs: 1.43 ha @ $20, 000 per ha = $28,600.00
TOTAL PERFORMANCE GUARANTEE REQUIRED = $286 , 862 . 00
The above amount shall be included in the Performance Guarantee. This amount
will be updated to reflect "As Constructed" costs to the approval of the
Director. Within 30 days of the issuance of the Completion Certificate for
the external storm drainage works, constructed by others, the "As Constructed
Costs" shall be paid to the Town of Newcastle.
The performance Guarantee has been based preliminary estimates only, and,
when the final Engineering Drawings Landscaping Plan, Park Site Master Plan
have been approved by the Director of Public Works, Planning and Community
Services respectively, a revised cost estimate of the works, shall be
prepared by the Owner's Engineer and Landscape Architect and submitted to the
Directors, as noted above, for approval. This revised Cost Estimate shall
be used as a basis to adjust the Performance Guarantee if the Estimate
increases or decreases.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) CORPORATION OF THE TOWN OF NEWCASTLE
In the Presence of: )
s
Marie Hitbbard MAYOR
Patt' arrie/ CLERK
NOR-ARM DEVELOPMENTS INC.
George A go n ecretary and Chief
��a ��J Operating Officer
Pinetrr, eve opment Co. Lim' ed �
HARTILL
iMZST SECRETARY
) Canadian Imperial Bank of �rce
( s mortgagee pursuant to pa raph 2. 14
)
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and
approved by By-law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred to
as public liability and property damage with an insurance company approved by the
Municipal Treasurer and duly authorized by law to underwrite such insurance. Such
policy or policies of insurance shall indemnify the Town against all damages or
claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of the
Utilities or to any part or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any of the materials or any of
the equipment or any other things used to construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively; and
(c). any injury to any person or persons including workmen employed on the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or handling
of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any other
property of the Town or to the property of any other person either dirrectly
or indirectly by reason of the Owner undertaking the development of the said
Lands together with any or all of the Works and Utilities pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the Owner
and the Town and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of
any one person; and
(b) $2,900,000.00 for loss or damage resulting from bodily injury to, or death of,
two or more persons arising out of the same accident; and
(c) $1,000,000.00 for any one occurance of property damage.
The issuance of such policy or policies of insurance shall not be construed to
relieve the Owner from responsibility for other or larger claims for which it may
be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
or
(b) any pile driving or caisson work; or
(c) . any collapse or subsidence of any building, .structure or land from any cause;
or
(d) any storage, handling or use of explosives.
L.R. : 22.10.88
Schedule "K" - 2 -
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.
SIGNID, SEALED AND DELIVERED ) rE CORPORATION THE TOWN OF NEWCASTLE
In the presence of: )
k J
v{Mari Hu ard
Pattie arr'e CLERK
- RM DEVELOPMENTS INC.
)
) t George Armoyan Sec tary and Chief ;a ing
f � Q'Ict, O icer��
Pinef-r&e Developme4t C /. -mited t
61f. H TILL
;a
By `o ) Can ian Imperial Bank of Commerce
'B.of C. S. (As mort agee pursuant to paragraph 2.14 only)
*` N f;D OFFICE
...............
L.R. : 22.10.88
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and
approved by By-law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 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 TOP SOIL
The Owner shall not remove any top soil from the said Lands except for construction
purposes and such top soil must remain within the limits of the said Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or debris on,
nor to remove, or permit to be removed any fill from any lands to be dedicated to
the Town other than�the roads within the limits of the said Lands, without the
written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed of in an
orderly and sanitary fashion in a dump site off the said Lands and approved by the
Director. The Town shall not be responsible for the removal or disposal of garbage
and debris. The Owner agrees to deliver a copy of this clause to each and every
builder obtaining a building permit for any part of the said Lands and to ensure
that no burning of construction garbage or debris is permitted on the said Lands.
5. QUALITATIVE AND ,QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of any
materials or equipment installed or proposed to be .installed. The costs of such
tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting .the said Lands and all public roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
Owner shall maintain, at all times, all such roads free and dust and mud
originating from the lands during the course of construction. If damaged, the
Owner agrees to restore immediately, and at its own expense, such road to a
condition equal to that existing at the time of such damage and to the approval of
the Director. No public road outside the limits of the said Lands shall be closed
without the prior written approval of the authority having jurisdiction over such
public road. The Owner agrees not to. use or occupy any untravelled portion of any
public road allowance without the prior written approval of the authority having
jurisdiction over such public road allowance.
7. MAINTENANCE OF .INTERNAL ROADS
The Owner shall, prior to the placement of the base course of asphalt on any road
required to be constructed under this Agreement, remove any contamination of the
granular base course and repair and replace such base course, where necessary, to
the approval of the Director, in order that the construction of such road shall not
have suffered due to any use of the granular base course as a temporary road.
Similarly, the Owner shall, prior to the placement of the surface of asphalt on any
road required to be constructed under this Agreement, clean the base course of
asphalt and repair and replace such base course where necessary.
Until the internal roads are assumed by the Town, the Owner shall maintain all
internal roads in a condition acceptable to the Director, and shall ensure these
roads are free of dust and mud.
L.R. : 22.10.88
44
Schedule "L" - 2 -
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands a
program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNID, SEALED AND DELIVERED ) !%T HP CORPORATION THE,TO OF NEASTLE
In the presence of: )
Marie H par MAYOR
a
P a t t i _ l e CLERK
NOR-ARM LOPMENTS INC.
George Armoyan ecretary and Operating
� `e 0 2,u 12 7-, LIU-- Officer
�i .
Pinetree�Development oLimited
APR 2 7 1990
A J. - ARTP LL
X3��-t SECRETARY
Ca ian!Imperial Rank of Commerce
�-
By �G' (A mor gagee pursuant to paragraph 2.14 only)
C.Q.B.of
HERS 0 MCE
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER LAND USE
Lots 1 to 10 inclusive In accordance with the provisions
of By-Law 84-63, as ammended of
the Town of Newcastle
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) TIE �CORPORATION Or TOWN OF NEWCA 'LE
In the presence of: ) a
rie Hu a MAYOR
a
Patti - rie / CLERK
NOR-ARM DEVELOPMENTS INC.
orge Armoya r a d Oper n g
t !, Offi
r ` T
dine ekve lop me . Llm].twILL
G
Ca aian)Imperial Bank of Commerce
�'- (A mort 'agee pursuant to paragraph 2.14 only)
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and-passed the 13th day of November 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 said lands listed in the following table,
until the conditions listed in the following table have been satisfied to the
approval of the Directors of Planning and Public Works and/or any other Authorities
having jurisdiction.
LOT OR BLOCK NUMBER LAND USE
Block 11 Walkway
Lots 3 and 4 Storm Sewer Easement Areas
Lots 6 and 7 Watermain and Sanitary Sewer easement
area.
IN WITNESS WHEREOF the parties hereto have hereunto set their and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized
in that behalf.
SIGNED, SEALED AND DELIVERED t�,E CORPORATION OF HE TO 9F NEWCAS LE
In the presence of: ,
Marie Hubbard MAYOR
/f
Patti_ rrii CLERK
NOR-ARM DEVELOPMENTS INC.
an _
and-Oper Ling
er
AGI - ( ° ji
for Fy ) Pine
t `ee Develo Co. Li 1 ed
By P 27 j �l / J. HIARTI LL`
4'
I.B.of C. o �: 12 REGRET"Fly
0 OFFICE ° ) (/
,.�................. Ca a ian (;Imperial Bank of Commerce
(A mort agee pursuant to paragraph 2.14 only)
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for
the erection of any structure on any of the lands listed in the following table
until a site plan agreement has been entered into with the Town and the building
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
NIL
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) TH)E ORPORATION OF E TOWN OF NEWCAS E
In the presence of: ) ;
Marie Hub rd MAYOR
Patti., rri CLERK
j
NOR-ARM DE S
George Armoyan Secreta and. Operating
� l OWJ- 0.4 1,,0 Offi.ce -
Pinetree Develop e Co. Li ed
INC-
APR 27 1M ) f I
J. HARTILL
r AD OFF,C� ) Ca ian Imperial Bank of Commerce
(As mor gagee pursuant to paragraph 2.14 only)
SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and
approved by By-law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 198.9.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR
EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: NOT APPLICABLE
The Town endeavours to collect from the developers of the lands abutting *, 50
percent of the road construction costs where external developers abut one side of
the road, and 100 percent of the road construction costs where external developers
abut both side of the road, and rebate said amount to the Owner.
The construction cost of these road works to be rebated is $*.
The above figure represents the estimated road construction cost based on the
engineering drawings as outlined in Schedules "G" and "J" and approved by the
Director of Public Works. Upon completion of the road construction, the above
estimated cost shall be updated to reflect the "as constructed" costs and
subsequently be approved by the Director of Public. Works.
There shall be no reimbursement by the Town to the Owner for improvements to the
external roads.
2. STORM DRAINAGE: NOT APPLICABLE
In accordance with Section 5.27 of the Agreement and Schedule "G" (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
collect and reimburse the Owner, fifty percent of ,the sewer construction costs
where external developers abut one side of the sewer, and one hundred percent of
the sewer construction costs where external developers abut both sides of the
sewer, and for all excess capacity required for external drainage.
The construction cost of these sewer works to be rebated is $*.
The above figure represents the estimated construction cost based on the
engineering drawings as outlined in Schedules "G" and "J" and approved by the
Director of Public Works. Upon completion of the storm construction, the above
estimated cost shall be updated to reflect the "as constructed" costs and
subsequently be approved by the Director of Public Works.
IN WITNESS'WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED ) TH CORPORATION 0 THE OF NEWCASTLE
In the presence of: ) f S
6".
?` Mari Hub and MAYOR
} Patti arr CLERK
)
NOR-ARM DEVELOPMENTS INC.
a eorge Armo an _ y and Opera ing
Officer
By
of ) Pinetree Develop � Co. Li itec
8 i
URCE
APR 2 1
7 1 xl HAR-ri LL
................. ) � SECRETARY
)
Cana Lian IrOperial Bank of Commerce
(As mo ag e pursuant to paragraph 2.14 only)
L.R. : 22.1 .88
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and
approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
CONSERVATION AUTHORITY'S WORK
1. Prior to the initiation of grading and prior to the registration of this
plan or any phase thereof, that the owner shall submit for the review and
approval of the Central Lake Ontario Conservation Authority, a grading
and sedimentation control plan for the subject lands.
2. That prior to final approval of the plan, the owner obtain Central Lake
Ontario Conservation Authority's approval of minor and major flow routing
for the plan and submission of a brief report indicating the manner in
which flows will be directed to the receiving watercourse.
3. The Central Lake Ontario Conservation Authority be satisfied that the requirements
of the Soper Creek Tributary Master Drainage Plan pertaining to the site
have been addressed.
4. The owner agrees to carry-out, or cause to be carried out, to the satisfaction
of the Central Lake Ontario Conservation Authority, the recommendations
referred to in the report as required in condition #2 aboe.
5. The owner agrees to carry-out site grading, sedimentation control and minor
and major flow routing and agrees to not place fill, grade, construct any
buildings or structures without prior to written approval being given by
the Central Lake Ontario Conservation Authority.
6. That prior to final approval, the Central Lake Or:.ta.rio Conservation Authority
be satisfied that no lots will be prone to , : under the greater of
Regional or 100 year storm conditions.
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) CORPORATION/6F THE TOWN OF N�CASTLE
In the presence of: ) A
;TH
Marie Hubbard MAYOR
Patti , aarie CLERK
NOR-ARM DEVELOPMENTS INC.
George Armo an Secre _ nd Operating
Of f
cc
Pinetree�Developm'e o Limited
y�
1990 >
Ca adiar Imperial Bank of Commerce
(A mor gagee pursuant to paragraph 2.14 only)
50
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and
approved by By-law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works Fees
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 $17,50101.00 or 3% of the estimated
cost of services - whichever is
greater
$1,000,000.00 to $2,000,0010.00 $30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00 $50,000.00 or 2.250 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 contemplated
by this Schedule, the estimated costs of works shall include the Cost Estimates as
specified in .Schedule "J" hereto, and shall include the estimated cost of Regional
services.
The aforesaid amount is to be paid prior to issuance of the authorization to
comnence for each respective phase.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf,
SIGNED, SEALED AND DELIVERED ) `� iE CORPORATION pF NEVv�A�SrLE
In the presence of: )
Marie'H bard MAYOR
AA
Patt arri4 CLERIC
NOR-ARM DEVELOPMENTS INC.
Armo an and Operatin
Lcer
KA
�W
ABy r- Pinetree Developm Co. Limit
.8.of C. c /
N tJ OFFICE ° ® 2 1990 ) /
SE, ETART
)
C oian' Imperial Bank of Commerce
(As mor gagee pursuant to paragraph 2.14 only)
L.R. : 22.10.88
f
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized
and approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
MINISTER'S/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
SEE ATTACHED
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) CORPORATIO OF THE TOWN OF 'CASTLE
In the presence of: )
) ° Marie/ ard- MAYOR
% e
P rri4 CLERK
NOR-ARM DEVELOPMENTS INC.
j er���o Arm�an e •~� nd p-rating
� 3 �
Pinetree Developmen Co. Limited
R
By APR 2 7 1
]HARTILL
s�crsETARY
-
AD OFFICE -
C adian Imperial Bank of Commerce
� " (A mortgagee P ursuant to paragraph 2.14 only)•
SCHEDULE "T"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized
and approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
TREE PRESERVATION PLAN
SEE ATTACHED PLAN
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) ITA CORPORATION F THE TOWN OF NEWCASTLE
In the presence of: ) e
P v{
arie Tiubbar MAYOR
Patti- 1 ie CLERK
NOR-ARM D OPMENTS INC.
George Armoya n -'Se,-c—ntary and Operating
Oruro f-1'r,,e r
btltd cc
Pinetree Developm f o. Limited
A
W=sj�cRrrARV
R 2
Ca adia`n Imperial Bank of Commerce
(A in tgagee pursuant to paragraph 2.14 only)
SCHEDULE "U"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized
and approved by By-Law No: 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
LANDSCAPE PLAN
SEE ATTACHED PLAN
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) E PORPORATION 0 THE TOWN OF NEWCASTLE
In the presence of: )
Marie H a MAYOR
i•
Patti. rie CLERK
NOR-ARM DEVELOPMENTS INC.
Georg moyan Secretary and Operating
e/r
Pinetree Developipeh t/Co. Limzted
APR 27 M
Uv
Cana ian Imperial Bank f Commerce
(As qortg4gee pursuant (,Oo paragraph 2.14 only)
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized
and approved by By-Law No. 89-201 of the Corporation of the Town of Newcastle,
enacted and passed the 13th day of November 1989.
REQUIREMENTS FROM OTHER AGENCIES
Ministry of Natural Resources
1. Prior to any grading or on-site construction, the owner agrees
to erect, at his expense, a snow fence or suitable barrier along
the rear lot lines of Lots 1 through 6 until such time as all
grading and construction is complete.
2. That the owner shall obtain approval of the Ministry of Natural
Resources for lot grading, erosion control and site drainage
plans.
3. The owner agrees to implement the lot grading, site drainage
and erosion control plans for the site as required in condition
2 above.
4. The owner agrees not to dam, dredge or alter the tributary of
Soper Creek without prior written approval being given by the
Ministry of Natural Resources.
IN WITNESS WHEREOF the parties hereto have hereunto set their 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 ) E CORPORATIO 'OF THE TOWN OF NEWCASTLE
In the presence of: )
),
arie Hub rd MAYOR
JA A
jPattiF�A6= CLERK
NOR-ARM DEVELOPMENTS INC.
�eorge Armoy n Se etary and Operatin�
Pinetree Develo �2et Co. Limited
APR 26� 7 )
IL
RTI LL
rs G 1 SECRETARY
Can ian �mperia l Bank,bf Commerce
(As ort ee pursuant to paragraph 2.14 only)
... ,. .
�-, n rr SCHEDULE "W"1HIS SCHEDULE IS SCHEDULE W to the Agreement which has been authorized and
approved by By-law No. 89-201 of the Corporation of the Town of Newcastle, enacted
and passed the 13th day of November 1989.
ARCHITECTURAL CONTROL STANDARDS
The Owner agrees that all dwellings to be erected in this subdivision shall meet
the minimum architectural control standards as follows:
1. Exterior Materials
a) Exterior construction must be a minimum of 40% masonry products excluding
stucco and concrete blocks. No substitution is allowed except by written
permission of the Director of Planning and Development.
b) Dwellings site at corners require full height masonry products'on all
elevations.
2. Colors
a) Colors of bricks, siding, roofs and trims must be compatible and in harmony
such as earthtone range, pastel range, grey/block range etc.
b) Where brocks are used, colored mortar is required.
c) Accent color bricks for brick detailing is permitted provided if used
consistently -in group of dwellings.
d) Color of caulking around metal flashing or windows is required to match color
of brick or siding.
3. Repetition of Elevations and Styles
a) Any two dwellings abutting each other must exhibit a minimum of twenty-five
percent. (25%) exterior variations in elevations or color schedule.
b) Dwellings with identical elevation and/or color schedule must be separated by a
minimum of four (4) lots.
C) Dwellings which mimic the influence of a particular architectural influence
(eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group
reflecting the same architectural influence.
4. Others
a) All metal roof vents and stacks must be located in the rear slope of roofs and
must-be painted to match the roof color 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) Builder is encouraged to vary siting and setback of dwellings.
d) The above standards are minimum standards and builders are encouraged to exceed
the standards as long as the objective of creating attractive and aesthetically
pleasing appearance is achieved.
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 ) TH CORPORATION THE TOWN OF NEWCASTLE
In the presence of: )
v arie 1u bb rd,___ MAYOR.
Patti,_ rie CLERK .
NOR-ARM DEVELOP
L.R. . 01.05.89 .. . . . . . _2/
3Ci��DJLE; "W" Continue
George Armoyan Secret and Operating
Office
' '
Pinetree Development v
AR-M LL
A R27 10
i
Cana n m "rial Bank of Commerce
U. ,e ! (As ort al
pursuant to paragraph 2.14 only)
DATED: 1989
B E T W E E N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
NOR-ARM DEVELOPMENT INC.
SUBDIVISION AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
40 Temperance Street
Bowmanville, Ontario, L1C 3K6
File: 880076
L.R.: 22.10.88