HomeMy WebLinkAbout89-27
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89- 27
being a By-law to authorize the entering into of a Subdivision Agreement
between Kiddicorp Investments Limited and the corporation of the Town of
Newcastle.
The Council of the corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the corporation of the Town of Newcastle, and seal with the COrporation's seal,
an Agreement between Kiddicorp Investments Limited and the said COrporation
\
dated the day of , 1988, in the form attached hereto as
.:-;'
Schedule "X".
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 "X" attached hereto forms part of this By-law.
BY-LAW read a first time this 13rh day of February 1989
BY-LAW read a second time this 13th day of February 1989
BY-LAW read a third time and finally passed this 13th day of
February 1:989.
'M~
MAYOR
....,:~--
~ Province
of
"..".... Ontario
Document General
Form 4 - land Registration Reform Act, 1984
Cjf1-{! ~
UYE & DURHAM CO, LIMITED
Form No. 985
o
NUMBER.
CERnFICA TE OF RECEIPT
JltH 25 3 52 PH '90
(1) Registry 0
(3) Property
Identlfler(')
land Title. fKJ (2) Page 1 of S pages
Block
Property
Additional:
See 0
Schedule
(4) Nature of Document
~ Ass. DEP. LAND REGISTRAR
~ ~STU No. 10 BOWMANVILlE
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APPLICATION TO REGISTER NOTICE
OF AGREEMENT UNDER SECTION 74 OF LAND TITLES ACT
(5) Consideration
Dollars $
(6) Description
Additional:
See 0
Schedule
All Parcel 14-1, Section Con 1
Being Part of Lot 14 Con I
Town of Newcastle
Regional Municipality of Durham
(formerly Town of Bowmanville)
designated as Parts 1, 2 & 3
Plan 10R-3294
New Property Identifiers
Executions
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
! (b) Schedule for:
:
O! Description 0
Additional
Parties 0 Other
~.
(8) This Document provides as follows:
SEE ATTACHED SUBDIVISION AGREEMENT.
KIDDICORP INVESTMENTS LTD. has an unregistered estate, right, interest
or equity in respect of the land registered as Parcel 14-1, Section
Con 1 and hereby apply under Section 74, of the Land Titles Act for
entry of a Notice of Agreement.
The evidence in support of this Application consists of:
(a) Amending Agreement
Continued on Schedule IXI'
(9) This Document relales 10 Instrumenl number(s)
NL24590
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
y M 0
(11) Address
for Service 1748 Basel ine Rd., Grp. 10,
(12) Party(les) (Set out Status or Interest)
Name(s)
1
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. . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . i. . .r. . .
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I 1990: 0162:)
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KIDDICORP INVESTMENTS LTD.
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Signature(s)
Date of Signature
y M 0
THE CORPORATION OF THE TOWN OF
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:
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NEWCASTLE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Address
for Service
40 Temperance Street, Bowmanvi1le, Ontario, LIC 3A6
not assigned
GEORGE L. SMITH
Barrister & Solicitor
226 Queen Street
Port Perry, Ontario
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(14) Municipal Address of Property
(15) Document Prepared by:
10174 112/84)
AMENDING AGREEMENT MADE (in quintuplicate) this /'1 day of I(bA,/.I..,("I-tf ' 1990.
BETWEEN: v~' tt
THE CORPORATION OF THE TOWN OF NEWCASTLE,
- and -
./.tJ~
f~~
Hereinafter called the "TOWN" OF THE FIRST PART,
KIDDrCORP INVESTMENTS LIMITED,
Hereinafter called the "OWNER" OF THE SECOND PART
- and -
MILINEL INVESTMENTS LIMITED.
- and -
CANADIAN IMPERIAL BANK OF COMMERCE,
Hereinafter called the "MORTGAGEES" 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 the Mortgagee is the only mortgagee of the Lands;
AND WHEREAS the Town has passed By-law 89-27 and the Owners and the Town have duly executed
a Subdivision Agreement pursuant to said by-law on January 3, 1990. which Agreement is registered
in the Registry Offi~J.. Registry Division of Newcastle (No. 10) on the 4th day of January, 1990 as
Instrument N umbetift590;
AND WHEREAS, in consideration of the Owner's request to amend a provision of the Ministry of
Environment, the Council of the Town of Newcastle has resolved to approve an amendment to the
aforesaid Agreement;
AND WHEREAS the parties hereto agree to amend said Subdivision Agreement;
NOW THEREFORE, in consideration of the mutual agreements, covenants and promises contained
. herein, the parties hereto agree as follows:
1. Paragraph 4.6(16) of the Subdivision Agreement between the Corporation of the Town of
Newcastle and Kiddicorp Investments Ltd. registered in the ~Ttry Office for the Land
Registry Division of Newcastle (No. 10) as Instrument Number0?4590, is hereby amended by
adding the words "prepared by Vibron Limited, and dated January 12, 1990" following the words
"noise report" in the third line of said subsection.
2. Schedule "N" of the Subdivision .<\greement desc....ibed above is hereby amended by adding the
words "as contained in the Noise Report prepared by Vibron Limited, dated January 12, 1990"
following the words "noise control measures" in the second line of said subsection so as to read
as follows:
"Block 96
to be developed with abutting lands and to recognize noise control
measures as contained in the Noise Report prepared by Vibron Limited,
dated January 12, 1990 as described for lots listed below".
AMENDING AGREEMENT
- 2 -
3. Schedule "V" of the Subdivision Agreement described above is hereby amended by adding the
words "prepared by Vibron Limited dated January 12, 1990" following the words "acoustical
report" in the fourth line of subsection number two (2) under "Ministry of the Environment"
so as to read as follows:
"2. THAT prior to fmal approval, the Ministry of the Environment shall be notified
by a copy of the fully executed Subdivision Agreement between the Owner and
the Town of N ewcast1e that the noise control features recommended by the
Acoustical Report prepared by Vibron Limited dated January 12, 1990 and
approved by the Ministry of the Environment and the Town of Newcastle, shall
be implemented, as approved, by requirements of the Subdivision 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 )
In the presence of: )
)
)
l ~~_'
! P47n t;Jk/'AA~~ ,
)
)
)
)
)
) H.T. HALMINEN
)
)
~:;:~:LI:;D
@ ~ TITLE: N~lt\c:.. Schie\ll" k
)
)
)
)
)
)
)
CLERK
KIDDICORP INVESTMENTS LIMITED
~~ .------
~-rr~ ..
CANADIAN IMPERIAL BANK OF COMMERCE
WE HAVE AUTHORITY TO BIND
THE CORPORATION
TITLE:
L.R.: 16.01.90
MANAGER
,/
ACCOUNT MANAGER
I ~
SCHEDULE "A"
TUIS SCUnDULE IS SCUEOULE "A" to the Agreement, pursuant to Plan 10T-07030, which
has been authorized and approved by Dy-Law No. 09-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of Vebruary, 1909,
'.
LEGAl. DESCI3.!ITION OF SAID LANDS
ALL AND SINGULAR that certain parcel of land and premise, situated, lying and ~
being in the Town of Newcastle and the Regional Municipality of Durham (formerly ~
the Town of Dowmanvi1le. in the County of Durham) being composed of Part of Lot I
14. Concession 1. in the Geographic Township of Darlington, des 19nated as Part 1 [tIJ
I
on Reference Plnn 10R-3294, deposited in the Land Registry Office for the Land.
Titles Division of Newcastle (No. 10).
IN WITNESS WHEREOF the'parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have'hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
tha t behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
) -
) pl)"7~I',
) (
)
)
)
)
)
) II.T. Ilalminen
)
)
) MILINEL INVESTMENTS LIMITED
/)2 ~ /"
(~ -22- ~~~/Ji
(j)) N. Schie\l\l\k
)
)
) CANADIAN IMPERIAL DANl< OF cm1MEHCE
) WEHAVEAUTHORITVTOSIND
) THE CORPORATION
) ---
)
MANAGER
L.R.: 22.10.f.Hl
CLERK
J{ I no I CORP I NVESnmNTS L TO .
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ACCOUNT MANAGER
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DATED:
nET WEE N:
TilE CORPORATION OF T[IE Tm"N OF NEWCASTLE
- and -
KIDDICORP INVESTMENTS LTD.
SUDDIVISION AGREEMENT
The Corporation of the Town of Newcastle
Planning DepArtment
40 Temperance Street
Dowmanville. Ontario LIC 3A6
Pile: 10T-07030
l..R.: 22.10.iHl
"
.
~ Province
~.~ of
I ~ Ontario
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"1", Document .,aenerala'f4'
,.'Fonn' 4:'" land Registration Reform Act, 1984,,3"'f'9
(1) Registry D land Titles kJ
(3) Property Block
IdenUIIer(s)
DYE & DURHAM co, LIMITED
Form No. 985
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NL 24590
NUMBER. .___ '"'" __.__~H",'f -,
C:J:RnfKA n ~~.r::ElPT
JAH 4 2 30 p~ 'sa
ASS. DEP. LAND REGISTRAR
NEWCASTLE No. 10 BOWMANVlllE
Property
(2) Page
Additional:
See 0
Schedule
(4) Nature of Document
APPLICATION TO REGISTER NOTICE OF
AGREEMENT UNDER SECTION 74 OF THE LAND TITLES AC
(5) ConslderaUon
Dollars $
(6) Description
New Property Identifiers
All Parcel 14-1, Section Con 1 J
Being ~ ., ... ~O:~AKlI6 ;{OJ'1'1 aw /
Town of Newcastle (/8fIf Or) (f /r:JIJ fJiAA/14fJ, ~'\
Regional Municipality of Du ham ' ~
(formerly Town of Bowmanville)
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
! (b) Schedule for:
I
o I Description 0
Additional
Parties 0 Other
Additional:
See 0
Schedule
Executions
(8) This Document provides as follows:
SEE ATTACHED SUBDIVISION AGREEMENT.
KIDDICORP INVESTMENTS LTD. has an unregistered estate, right, interest
or equity in respect of the land registered as Parcel 14-1, Section
Con 1 and hereby apply under Section 74, of the Land Titles Act for
entry of a Notice of Agreement.
Th~vidence in support of this Application consists of:
(a) Subdivision Agreement
Continued on Schedule EiJ
(9) This Document relates to Instroment number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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. . .. .. . . .. . .. .. . . . . . .. . . . .. .. . .. . . .. . . . . . 0 0 . 0 0 0 . 0 0 . 0 . 0 . 0 0.000........0.................... i . . . . . j. 0 or. .0
KIDDICORP INVESTMENTS LTD. - Owner ! I
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(11) Address
forServlce 1748 Baseline Rd., Grp. 10, Box 7, R.R.#2, Ont.,L1C 3K3
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
y M 0
THE CORPORATION OF THE TOWN OF
,
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,
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NEWCASTLE
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(13) Address
rorServlce 40 Temperance Street, Bowmanville, Ontario, L1C 3A6
(14) Municipal Address of Property (15) Document Prepared by:
not assigned
GEORGE L. SMITH
Barrister & Solicitor
226 Queen Street
Port Perry, Ontario
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Fees and Tax
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Total
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10174 (12/84)
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TillS AGREEMENT made in quintuplicate this ..:tAct..
+9&9-. /990.
day of f~~
D E T WEE N:
TIlE CORPORATION OP TilE TOWN OP NEWCASTLE.
lIereinafter called the "TOWN" OF TilE FIRST PART.
- and -
KIDDICORP INVESTMENTS LTD.
lIereinafter called the "OWNER" OP TilE SECOND PART
- and -
MILINEL INVESTMENTS LIMITED
?
- and -
CANADIAN IMPERIAL DANK OF COMMERCE
Hereinafter called the "MORTGAGEES" OF THE TIIIRD PART
WITNESSETII TIIAT:
WJJEREAS 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 the Mortgagee is the only mortgagee of the
Lands;
AND WIIEREAS 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 WIIEREAS to comply with the Region's conditions for such approval, the Owner
has consented to enter into this Agreement with the Town;
AND WIIEREAS 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 WIIEREAS 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 "II" and hereinafter called "Utilities";
NOW TIIEREFORE 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.: 22.10.88
.. ........
DEFINITION
2 . GENERAL
,.,"~:,~ "
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
3. FINANCIAL
e
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3
TADLE OF CONTENT
Certification of Ownership
Copy of Plan and Agreements Required
Dedication of Easements
Dedication of Lands
Registration of Deeds and Grants of Easements
Lands for School Purposes
Interest in Said Lands
Notification of Owner
Registration of Agreement
Renegotiation and Amendment of Agreement
Town to Act Promptly
Assignment of Agreement
Schedules to Agreement
Mortgage
Successors
3.1 Payment of Taxes
3.2 Payment of Local Improvement Charges
3.3 Payment of Drainage Charges
3.4 Payment of Development Ch~rge Levies
3.5 Cash-in-Lieu of Land Dedication
3.6 Performance Guarantee Required
3.7 Use of Performance Guarantee
~.8 Indemnification of Town and Insurance
3.9 Maintenance Guarantee Required
3.10 Use of Maintenance Guarantee
3.11 Requirements 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 Lands Unsuitable for Duilding
4.5 Lands Requiring Site Plan
L. R.: 22.10.88
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TADLE OF CONTENT
4. PLANNING (CONT'D)
4.6 Requirements for DUilding 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 Parks and Open Space
4.12 Special Conditions
5. PUDLIC WORKS
-,.. -::.~... .,
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
5.28
L.R.: 22.10.88
Town Works Required
Utilities and Services Required
OWner's Engineer
Design of Works
Approval of Engineering Drawings
Approval of Grading and Drainage Plan
Staging of Construction
Approval of Schedule of Works
Approval of Cost Estimate
Requirement for Authorization to Commence Works
Requirements for Authorization of Subsequent Stages
Inspection and stop Work
Provisions for Construction and Installation
Sequence of Construction and Installation
Completion Time for Construction and Installation
Additional Facilities or Work Required
Incomplete or Faulty Work
Entry for Emergency Repairs
Damages or Relocation of Existing Services or Neighbouring Wells
Use of Works by Town
Maintenance of Roads after Completion
Requirements for Certificate of Completion
Period of Required Maintenance of Works
Requirements for Certificate of Acceptance
Ownership of Works by Town
Requirements for Certificate of Release
Requirements for Oversized or External Services
Responsibility of Subsequent Owners
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SCHEDULES TO AGREEMENT
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.s
A. Legal Description of Said Lands
D. Plan of Subdivision for Pinal Approval (Reduction)
C. Charges Against Said Lands
D. Development Charge Levies
E. Grants of Easements
P. Lands and/or Cash to De Dedicated
G. Works Required
n. Utilities And Services Required
I. Duties of Owner's Engineers
J. Cost Estimates
K. Insurance Policies Required
L. Regulations for Construction
M. Use of Said Lands
N. Lands Unsuitable for Duilding
O. Lands Requiring Site Plan Approval
P. Oversized and/or External Services
....-.'~:-:. .
Q.
R.
S.
T.
U.
V.
w.
Conservation Authority's Works
Engineering and Inspection Fees
Region's/Minlster's Conditions of Approval
Tree Preservation Plan (Reduction)
Landscaping Plan (Reduction)
Requirements Prom Other Agencies
Architectural Control Standards
L . R.: 22. 10 . 88
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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 "Commissioner" 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 Developemnt
of the Town of Newcastle or his designated representative.
1.7 "Ministerfl shall mean the Minister of Municipal Affairs, On~ario.
1.0 "Owner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein. it shall be
construed as including the plural.
1.9 OWner's "Engineer" shall mean a professional Civil Engineer, registered by
the Association of Professional Engineers of Ontario.
1.10 "Region" shall mean the Corporation of 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.: 22.10.00
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2. GENERAL
2.1 CERTIFICATION OF OWNERSJIIP
(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 Doard. The said plan is attached hereto as Schedule "D" 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 Minister, 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 of any lot or block
within the Lands, the Owner agrees to transfer to the Town such further easements
upon request. The Town shall not unreasonably request such further easements,
....," and in no event shall a further easement be requested which would prevent the
erection of a dwelling 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.: 22.10.00
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
The aforementioned deeds and grants of easements shall be prepared by the Owner
and registered at the Owner's expense at the same time as the Plan is registered.
In such deeds and grants of easements the registered number of the Plan shall be
left blank and the Owner hereby authorizes the Town to insert such Plan number
after registration of the Plan.
2.6 LANDS FOR SCHOOL PURPOSES
(1) The Owner shall, at the time of the execution of this Agreement, deposit
with the Town a letter from each and every School Doard having jurisdiction over
the said lands stating that arrangements satisfactory to each and every School
Doard 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 Doard 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 Doard 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
Doard 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 Doard 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 OWNER
If any notice is required to be given by the Town to the Owner in respect of this
Agreement, such notice shall be mailed or delivered'to:
KIDDICORP INVESTMENTS LTD.
1748 Daseline Road
Group 10, Dox 7, R.R. #2
Dowmanville, Ontario, LIC 3K3
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
....0,:,;:.;,.-.
The OWner and Mortgagee hereby consent to the registration of this Agreement by
the Town and convenant and agree not to register or permit the registration of
any document after registration of the Plan of Subdivision on any land included
in the said Plan unless this Subdivision Agreement, and any deeds, easements or
other documents required to be furnished thereunder, have first been registered
against the title to the land included in the Plan.
2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT
(1) The Owner agrees that the Town may at its option in the circumstances set
out below on thirty (30) days written notice to the Owner, declare this Agreement
to be subject to renegotiation, whereupon the Owner agrees not to undertake any
construction or installation of any of t~e Works until this Agreement has been
renegotiated. This Agreement may be subject to renegotiation if:
(1) the Region, the Minister, or the Ontario Municipal Doard approves a
Plan of SubdiVision for the said lands which is SUbstantially
different from the Plan attached hereto as Schedule "D"; or
L.R.: 22.10.88
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2.10 RENEGOTIATION AND AMENDMENT OP AGREEMENT
(CONT'D)
(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 "0". Upon the final
plan of subdivision being approved by The Region, the final plan shall be
substituted for the red lined plan annexed as Schedule "0" and all amendments
necessary or requisite shall be made to conform with the descriptions used in
this Agreement and the Schedules (and without limiting the generality of the
foregoing, in particular Schedules "0", "E", "P", "G", "N", "0", "P", and "Q")
with the final plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OP 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 SCUEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agree.ent, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this agreement as fully and to all
intents and purposes as though recited in full herein:
Schedule "A" -
Schedule "0" -
Schedule "ett -
Schedule "D" -
......-:.;""... Schedule "E" -
Schedule "F" -
Schedule "0" -
L.R.: 22.10.88
"Legal Description of Said Lands"
"Plan of Subdivision for Pinal Approval"
(Reduction)
"Charges against Said Lands"
"Development Charge Levies"
"Grants of Easements to be Dedicated"
"Lands and/or Cash to be Dedicated"
"Works Required"
....
2.13
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SClmDULES TO AGREEMENT
Schedule "II" -
Schedule "I" -
Schedule "J" -
Schedule "K" -
Schedule "L" -
Schedule "M" -
Schedule "N" -
Schedule "0" -
Schedule Up" -
Schedule "Q" -
Schedule "R" -
Schedule "s" -
Schedule "T" -
Schedule "U" -
Schedule "V" -
Schedule "W" -
(CONT'D)
"Utilities and Services Required"
"Duties of Owner's Engineers"
"Cost Estimates"
"Insurance Policies Required"
"Regulations for Construction"
"Use of Said Lands"
"Lands Unsuitable for Duilding"
"Lands Requiring Site Plan Approval"
"Oversized and/or External Services"
"Conservation Authority's Works"
"Engineering and Inspection Fees"
"Region's/Minister's Conditions of Approval"
"Tree Preservation Plan" (Reduction)
"Landscaping Plan" (Reduction)
"Requirements from other Agencies"
"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.: 22.10.88
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3. FINANCIAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all
Municipal taxes outstanding against the said Lands, as set out in Schedule "c"
hereto. The Owner further agrees to pay any municipal taxes which may become due
and payable by it, in respect of any of the said Lands, prior to the sale by the
Owner of such lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CI~GES
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 Townls 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 CI~GES
....<:~:.;. ."
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 CI~GE 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 CASJI 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.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to Commence
Work, lodge with the Town by cash or by means of an irrevocable letter of credit
issued'by a chartered Canadian bank, guaranteeing the performance by the Owner of
the provisions of this Agreement. Such cash or irrevocable letter of credit
shall be in an amount equal to the Works Cost Estimate with respect to the Plan
or stage of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter collectively referred to as a "Performance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or part
of any Performance Guarantee if the Owner fails to pay any costs payable by the
Owner to the Town under this Agreement by due date of the invoice for such costs.
L.R.: 22.10.88
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3.8 INDBMNIFICATION OF TOWN AND INSURANCB
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 MAINTENANCB GUARANTBB REQUIRED
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 (15%) 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 all the
works covered by such "Certificate of Completion" for a period as follows:
....',~:'~
(1 )
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.
(2) Roads and Above Ground Services:- a minimum of two (2) years from the date
of issuance of the Certificate of Completion for the Roads and above
Ground Services and terminating upon the date of the issuance of the
Certificate of Acceptance for the Roads and above Ground Services.
3.10 USB 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 RBQUIREMENTS FOR RELEASE OF PERFORMANCB 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 (15%) of the value of the completed Works
on approval by the Director of a Progress Certificate prepared by the Owner's
Engineer.
L . R.: 22. 10 . 68
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3.12 REQUIREMENTS 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.
3.13 PAYMENT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the Owner is obliged in any way
shall be deemed to include the works "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 Town in connection with the preparation for
and attendances at the Ontario Municipal Doard hearings for the draft approval of
Subdivision 18T-87030 and amendments of the Town's Dy-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, 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 to the Town for all estimated 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 $1,400.00 for all administrative
expenses incurred for the preparation of this Agreement, upon the return of the
said Agreement for execution by the Town.
3. 14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified. shall be thirty (30) days after the date of the invoice. Interest
shall be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates. The interest penalty charges will be the
same rate as charged on outstanding tax balances.
L.R.: 22.10.88
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3.15 OCCUPANCY PERMIT DEPOSIT
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 be substituted,
either in whole or in part, by a Letter of Credit submitted by the builder to
whom the Owner has sold a lot or block with the Plan. The Owner agrees to obtain
any such Letter or Letters of Credit, on behalf of and in favour of the Town, at
such time as any or all of said lands are sold. The Town further agrees to
release 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
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$15,000.00
$20,000.00
$30,000.00
$50,000.00
4. PLANN ING
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 sub-paragraph (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 Director of Planning; such
replaceaent 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
Planing 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.
L.R.: 22.10.88
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4.2
APPROVAL OF LANDSCAPING P~AN
(CONT'D!
(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 em. in caliper, staked and bagged, and must be planted
within two (2) years 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.
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 those Works as per the approved "Landscaping
Plan" in on 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 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.
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L.R.: 22.10.88
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4.4 LANDS UNSUITADLE FOR DUILDING
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 ot 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 "0" shall
be made until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot and unless the application for a bUilding
permit complies in all respects with the terms of the said Site Plan Agreement.
4.6 REQUIREMENTS FOR DUILDING 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 "U" have been constructed and installed to the
approval of the auhorities 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
L.R.: 22.10.88
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4.6 REQUIREMENTS FOR BUILDIN~_PERMITS--1CONr~Ql
(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 respct 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 "0" the Owner has entered into a Site
Plan Agreement with respect to the lot(s) or block(s) as set out in
Schedule "0" 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
(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
(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.
(16) prior to the issuance of building permits, the Owner shall, through
its acoustic engineer, provide written certification, that the
builder's plans are in accordance with the noise report as approved
by the Ministry of Environment and the Town of Newcastle.
Furthermore the building drawings will be stamped by the acoustic
engineer.
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L.R.: 22.10.88
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4.6 REQUIREMEN1'~J'.91L.BJUJ~!HNQ_J>EBMIT~__{fQNT~J;!1
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(17) further to the provisions of 4.6(16), and prior to the issuance of
building permIts for all dwellings on lots within 75 metres of the
nearest CP Rail track, a ground vibration transmission study,
including site tests, is to be prepared by a qualified consultant
and submitted to CP Rail and the Town for review. If levels are
found to be in excess of acceptable level, all dwellings within 75
metres of the nearest track should be protected, possibly by means
of rubber pads installed between the foundation and occupied
portion. The vertical natural frequency of the structure on the pads
should not exceed 12nz.
(18) the Owner is responsible, at his cost for the removal of all
buildings, save and except for the structure(s) to be incorporated
on Lot 37 of said plan. Saia structures are to comply with
architectural standards of agreement.
4.7 MODEL HOME~
(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.
(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
The Owner agrees that all dwellings to be erected shall meet the minimum
Architectural Control Standards as contained in Schedule "W" to this agreement.
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
.....:;.::-~ "
L.R.: 22.10.88
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4.9 REQUIREMENTS FOR SALE__Qf_J._~JiD~__(CONI.:1li
(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 4.12 and 5.28 and "Schedule "V" - Ministry of the Environment,
subparagraph #3, 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.
(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 4.10(1), 4.10(2), 4.10(3), 4.10(4) and
4.10(6) is to be provided, in writing, by the Owner. Furthermore, the
written certification required in Section 4.10(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.
L.R.: 22.10.88
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4.11 REQUIREMENTS FOR PARKS AND OPEN SPACE
The Owner shall, prior to any authorization to commence works, prepare and
submit, for the approval by the Director of Community Services. complete site
plans for all park and open space blocks within the Plan and adjacent lands where
required by the Town. Said plans are hereinafter referred to as the Park Site
Master Plan and shall show thereon the following information.
i) all park blocks are to be sodded:
Ii) the existing and proposed grades;
iii) the location of all future park furniture. signage, sports fields,
walkways, lighting, fencing, tree and shrub plantlngs, as well as
related details for each of the foregoing;
iv) water and sewer connections to the park property.
4.12 SPECIAL CONDITIONS
(1) The Owner covenants and agrees to comply with the provisions of Schedule
"Q" and Schedule "V" attached hereto.
....,.,':,;:-:.
(2 )
That the Owner shall provide a continuous well monitoring program during
the construction of the subdivision and further agrees that where the
existing well or private water supply of any Owner on the east side of
Regional Road 57 adjoining the proposed subdivision is interfered with as
a result of construction or development of the subdivision, the Owner
shall, at his expense, pay on behalf of the homeowners the cost of
watermain connection charge and p'rovide the homeowners with $1,000.00 each
for the purpose of offsetting the cost of waterline installation on
private property. Prior to registration of the Subdivision Agreement, the
Owner shall deposit a Letter of Credit with the Town, in a sufficient
amount to cover the costs of watermain connection and the use of private
waterline installation. in an amount of $1,000.00 per household, being
$16,000.00.
L. R.: 22. 10.88
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5. PUDLIC 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 Lands for the design and installation of the
Utilities as more particularly referred to in Schedule "n".
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
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 originallly 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.
~."~:';' .,
L.R.: 22.10.88
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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.
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 AUTllORIZATION 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
unt 11 :
(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
....:.;~:... ".
L.R.: 22.10.88
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5.10
REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
(CONT'D)
(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 cash 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
Agreellent; 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
and Planning of the Landscape Plans as required by Paragraph 4.2 and 4.11 and as
part of the works, more particularly referred to in Schedule "G".
(11) the Owner has received the written approval of the Director of the Grading
and Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) the Owner has received 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 5.6 of this Agreement; and
(15) the OWner has received the written approval of the Director for the Works
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) the OWner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the OWner is seeking such Authorization to
Commence Works as required by paragraph 3.6 of this Agreement and paid all cash
contributions, due to the Town, as required by Schedule "J"; and
(17) the Owner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the OWner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of the date of the issuance of the Authorization to Commence Works;
and
L.R.: 22.10.86
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5.10
REQUIREMENTS FOR AUTHORIZ~TION TO COMME~CE WORKS
(CONT'Ql
(19) the Owner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) the Owner has complied with the provisions of paragraph 4.12(2) to the
satisfaction of the Director of Public Works.
(21) 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 registration of the Plan provided that Sections 3, 4, 7, 8, 9, 10,
11, 13, 14, 15, 16, 17, 18, 19 and 20 of this Clause have been satisfied. No
Certificate of Acceptance of the work, as referred to in Clause 5.25 of this
Agreement, shall be issued by the Director, until the Plan has been registered
and all other requirements relevant to the Certificate of Acceptance have been
met. The construction or installation of any of the work pursuant to this clause
shall, notwithstanding the aforementioned approval of the director, be taken at
the sole risk of the Owner. The Owner shall save harmless the Municipality from
any action or cause of action resulting from the construction or installation of
any of the work, as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR ~[I~QRIZATION 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 STO~_~Q~K
The contract with any contractor employed by the Owner to construct or install
any of the Works shall provide that employees or agents of the Municipality may,
at any time, inspect the work of such contractor pertaining to the said Lands and
the Director, after consultation with the Owner's Engineer, shall have the power
to stop any such work in the event that, in their opinion, work is being
performed in a manner which may result in a completed 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.
5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carried out
in accordance with the regulations for construction as set out in Schedule 'fL"
hereto.
5.14 SEQUENCE OF CONSIR.Y~T!QN.~NQ-LNSTALLATION
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.
L.R.: 22.10.88
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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 with in ten (10) clear days after the giving of such notice or within
such further period of time as may be specified in the notice, the Town council
shall thereupon have full authority and power immediately at its option to employ
a contractor or such workmen as in the opinion of the Director shall be required
for the proper completion of such work at the cost and expense of the Owner or
his surety, or both. In cases of emergency, in the opinion of the Director, such
work may be done without prior notice, but the Owner shall forthwith be notified.
The cost of such work shall be calculated by the Director, whose decision shall
be final. It is understood and agreed that the total costs shall include a
management fee of thirty (30%) percent of a contractor's charges to the Town
(including any charges for overhead and profit) or, if such work is undertaken by
the Town, thirty (30%) percent of all charges incurred to complete the work, it
being hereby declared and agreed that the assuming by the Owner of the
obligations imposed by this clause is one of the considerations without which the
Municipality would not have executed this Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this Agreement, then in
any such case the Director may notify the Owner and his surety in writing of 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.: 22.10.00
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5.18 ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or agencies
of the Town may enter the said Lands for the purpose of making emergency repairs
to any of the Works. Such entry and repairing shall not be deemed an acceptance
of any of the Works by the Town, nor an assumption by the Town of any 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 NEIGIIDOURING WELLS
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) erect 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
(100%) 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.
L. R.: 22. 10.88
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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 Engineeering Drawings approved by the
Director; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the works authorized by such Authorization to Commence
Works, there are no outstanding claims relating to such Works.
5.23 PERIOD OF 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 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 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 Acceptance have been
inspected by the Director and 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 DY 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.
L.R.: 22.10.88
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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 of Land Titles Office. In addition to any of the
requirements contained herein, the Certificate of Release for such stage shall
not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) a registered Ontario Land Surveyor, approved by the Town, has provided the
Town with written confirmation that at a date not earlier than the end of
the maintenance period described herein, he has found or replaced all
standard iron bars as shown on the Plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all
points of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner's
acceptance of the conditions for applying for Town building permits as provided
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services
(hereinafter called "Oversized Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule "pit 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 Dank 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.: 22.10.00
.
e
J-q
5.28 RESPONSIDILITY OF SUDSEQUENT 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
I
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 4.6 "Requirements for
Duilding 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 WIIEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
) KIDDICORP
)
)
)
) II.T. lIalminen. President
)
)
) MILINEL INVESTMENTS LIMITED
, 7)
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9 )N~J; cJ...Ie.w..rJi~
) .s(Lc.~e.'{a.R-~
) , .
) CANADIAN IMPERIAL D K OF
)
)
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)
......:,;:~ '.
L.R.: 22.10.88
liE CORPORATION OF T E TOWN OF NEWCASTLE
CLERK
c:.----
INVESTMENTS LTD.
</-.~
T ~tt~ ~hoid~
bVv\~ 'itJl~~
COMMERCE
WE HAVE AUTHORITY TO BIND
THE CORPORATION
MANAGER
.
e
.10
SCHEDULE "A"
TIUS SCIlEDULE IS SCHEDULE "A" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by Dy-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel of land and premise, situated, lying and /
being in the Town of Newcastle and the Regional Municipality of Durham (formerly
the Town of Dowmanville, in the County of Durham) being composed of Part of Loti
14, Concession 1, in the Geographic Township of Darlington, designated as Part I~J?
on Reference Plan 10R-3294, deposited in the Land Registry Office for the Land An
Titles Division of Newcastle (No. 10). UU
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
,..;:....:..-'
)
)
)
)
)
)
)
)
)
)
)
)
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L.R.: 22.10.88
CLERK
KIDDICORP INVESTMENTS LTD.
II.~:~~
MILINEL INVESTMENTS LIMITED
:~~:ff~f~~
CANADIAN IMPERIAL DAN OF COMMERCE
WE HA VE AUTHORITY TO SIND
THE CORPORATION
MANAGER
'/;":?:-/
Z~
....,:..,::....'"
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SCHEDULE "0"
TUIS SCIIEDULE IS SCIIEULE "0" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by Dy-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
PLAN OF SUDDIVISION FOR FINAL APPROVAL
(reduction copy of final plan prior to registration)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
......,'.,:,.;. .,
yt
L.R.: 22.10.88
)
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KIDDICORP INVESTMENTS LTD.
C-- -r~
n. T. lIalminen' PRQS..J...~
9; ~~/A<~ ~ . .
~~4is? ~C- leUI~. k ~JI,'-\1J> -- ~
. SQC r2e'\'(Ht~ h lo I~A. \f1...D ~f6K
CANADIAN IMPERIAL DANK OF COMMERCE
WE HA \IE AUTHORITY TO BlNO
THE CORPORA T10N
MANAGER
~_..",...t"''-.'r~ ".'~ ,..";t........,,ri ",,'
ee
PLAN
OF
SUBDIVISION
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OF PART OF LOT 14. CONCESSION 1
TOWN OF NEWCASTLE
REGIONAL MUNIClPAUTY OF DURHAM
(formerly TOWN OF' BOWMANVlLlE.
COUNTY OF DURHAM)
C. F. FlEISCHMANN, O.LS.. 1989
SCALE - 1:1000
111d . I " J5
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PLAN IOM-
ICDI'IJrY~f.llHlSPlAN'OIll,_ISIl{ClStOltll
... 1W; tOO,l(l) II[(H1WY lYTIC!" rOIl 1W( lAHD "us
OI....$ION or ...e.u'u 1~101 ,U O'ClC)Cll; ON
THt_Dlyrs_,'~[Nn:1lttI
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SKfION _IIHD It[Qt.lIIIrfD ttWSDfB
:::D NTlOl....n o\I!( MGlS1tJl(D .s Pt.o.N ocx:::uyon
NOTE
TMIS ~"N COII""r$(S 4(.(. (y ~ItC(L /. -I,
SECTION CON _I, N(wCASTLE 190wY""'o'ILl(!
totETRIC
DISTANCES SHOVlW ON THIS PLAN ARE IN METRES AND
CAN BE CQNV[JtTEO TO rEEf By DIVIDING BY 0,3048
,:,
-1:
o
C>:
APPIlO'oUl U!CJDI.Y - 1."W 11lS;a3. lSAIllf:.Oto, ",'SU"T
to 0t\I1A111O tttGUlATlONS .751M iIlHO .?If&3Io1.o.D1:
1JNO['JI""~CACT.ln3,n..."O{o,0I0
M_OUOf"_,""
COIiWI~or~
..lNUS ~or '1M[ COlI"ORA1lONOf 'lM[1tf~Al
WUNlClI'AUfT or DUlIlI4.... ....u H{II(UNlO .mxm ItS
SlALPJlOPOIL'At'TtS1m
1HIS_04YOf_.ltllII
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OWNER'S CERTIFICATE
TM1S IS TO CE"TIFY 1M.T
I LOTS 110 9!1,IIOTM INCLUSIVE IILOCICS 9&,1I1',,",ftIlIOO,
TMf: STIIUTS M4Ii1tLY 1I.";:lltOA 'OVLEVA"D, ..cC""....O..
~EsCf"T, WRlHt<lIlOUL[V.IIf\>D .IINO LA.IlENCE GATf,
AND TME ST"ffT WIDENING ,.....ELY ILOCK lor HAVE IUN
LArD OUT IN ACCURDANCI! WITH DUll INSTIlUCTlONS,
%, THE STJlun AND 1~ STRUT W'DENING NAMn.V 9I..OCIC 101
.....F. foI[AEBT QtDICATEO TO THE C()$lPOllATlON Of'THE TOWN
or NEWCASTLE AS PUILIC HIGHWAYS
DATED 1M[ a!~_ DAY 0' l!L.tf~'!~I!)1!., I'''.
KIOOICORP INVESTMENTS LTD.
.<4----'- ~
H""Nt! T HALM'Ht:H,ptt[:S'DENT
NOlE
...-.c:sARt~CANlJNI[JlUt:RRtDT01Hf:
N18Vt''''fS MIIl[STLIiIITor wl\oClltYIICWlAS
~ONf'\.AIIIIOll,~.1l)'MrtOf~TLt,
IIl(GIONAL w.JIIoItOI'AUTV or 0I,}lItM....
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LEGEND
.......- Q[)fOrD SUIt""'/' afOJlIl.lWOfl n:uCl
~DDKlm5lJlM:T~SE"l
_ DDlOTU SlNGN!D Pt>>I IIAII
.. OOIOTtS JItuID lie. eAII
. 1lOf01tS1tCJll1IoIII
.,. II[N01tS.TNESS
OC D0t01U QJl CJIlOSS
OJ OENOfCI QliI'GtN UNKNOWN
OONEVAN " FUlSCHt.fANN CO Lltl.
QNTNlIll LAND SURVEYORS
11 ONTARtO $lREET F'tO<ERlNG CORP. CDnftE
C&lAWA UC 4't1 P1CK!:RTNC l'Y JP2
725-4,," au-,7Cft ~.IJ
....-
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33
SCHEDULE "c"
TillS SCIIEDULE IS SCIIEDULE "c" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by Dy-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
CHARGES AGAINST SAID LANDS
(1 )
(2)
(3)
MUNICIPAL TAXES
(to be paid prior to execution)
DRAINAGE CHARGES
LOCAL IMPROVEMENT CIMRGES
(to be paid prior to execution)
(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.
.....c-::.:.:,
SIGNED. SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.88
KIDDICORP INVESTMENTS LTD.
e---. r:K
II. T. lIalminenp Q....~ lcl~ .
MILINEL INVESTMENTS LIMITED
MANAGER
.
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5lf
SCHEDULE "0"
THIS SCHEOULE IS SCHEDULE "0" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
..... .,~:..~ ,.'
D~VELOPMENT CHARGE LEVIES
The Owner shall pay to the Town development charges in the amount of $410,412.00
(calculated at the rate of $2.974.00 for each dwelling unit) which shall be paid
as follows:
25% of the aforesaid sum, being $102,603.00, forthwith upon the date
of execution of this Agreement
25% of the aforesaid sum, being $102,603.00, at the date of issuance
of the bUilding of permit for the first dwelling unit.
25% of the aforesaid sum, being $102,603.00, 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
71st dwelling unit. whichever date is the sooner.
the remainder of the aforesaid sum, being $102,603.00, 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
105th 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 but 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.
The Owner acknowledges that levies for Block 98 10M-
site plan approval.
will be required through
,.:~:~
L.R.: 22.10.88
e
Schedule "0"
e
3{
- 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.
,-",'::-" .,
SIGNED, SEALED AND DELIVERED )
In . the. 'rpre$eD'C~'. )
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L.R.: 22.10.66
KIDDICORP INVESTMENTS LTD.
L---r~ -
II. T. lIalminen 'PReS lCU?;:1
MILINEL INVESTMENTS LIMITED
~ ~ubJIJ
~1~~Chle0\,,-k 4:'~v{ 't-U ~
e.~ Re;Wl? l1Uj lo~ ~ii~ ~ lo, ,
CANADIAN IMPERIAL ~~ OF COMMERCE ~~~. '
WE HAVE AUTHORITY TO BIND
THE CORPORATION
MANAGER
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2~
SCHEDULE "E"
TillS SCIIEDULE IS SCHEDULE "E" to the Agreement, pursuant to Plan 16T-67030. which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
GRANTS OF EASEMENTS TO DE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town of the
following easements:
'..:.:.'.-.
Part 3, Plan lOR
Storm Sewer Easement
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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)
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L.R.: 22.10.66
RIDDICORP INVES~TS LTD.
L--- r~
II.T. lIalminen ')ReS;~e~'
MILINEL INVESTMENTS LIMITED
-~;.I"1< L ... 41 '.1
· I S I' 'k 4 w.ve "fLo {l~lJxn-t1
M- ~~~~:l tulo,Mt'til ~~\
CANADIAN IMPERIAL ~K OF COMMERCE
WE HAVE AUTHORITY TO BIND
THE CORPORATION
MANAGER
ACCOUf\IT MANAGE",
,
C"'1)
PLAN OF SURVEY
OF PART OF LOTS 91892, REGISTERED PLAN IOM-
AND PART OF LOT 14. CONCESSION I
TOWN OF BOWMANVILLE now in the
TOWN
REGIONAL
OF NEWCASTLE
MUNICIPAUTY OF DURHAM
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SCALE 1:!l00
C.F. FLEISCHMANN.
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SCHEDULE OF PARTS R~lIISTRY DIVISION
P~RT DfSCRIPTlO.. I..ST. ..
I PART OF LOT 14 CO". I
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I R~QUIR~ THIS Pl.AN TO B~
DEPOSIT~D UND~R TH~ LA..D
TITLES ACT A"D REGISTRY ACT
PLAN IOR-.___
R~CEIVED AND DEPOSITED
DATE_______
DATE _______
SIGNA fullE
LAND R~GISTRAR FOR THE
LA'lD TITLES A'lD REGISTRY DIVISION
OF "EWCASTLE 1""0'
I
t.
SCHEDULE OF PARTS LAND
~RT DESCRIPTIO"
2 PART OF LOT 92,REG. PLA..IOM.
3 PART OF LOT 91 R~G. P1.AN 10M.
TITLES IllVISlON
PAR CE L
METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CA~ BE CONVERTED TO FEET BY DIVIDING BY 0.3048
.CAUTION"
THIS PLAN IS NOT A PLAN OF SU8DIVISION WITHIN THE
MEANING OF THE PLANNING ACT.
NOTE
BEARI..GS AR~ ASTRONOMIC A..D AR~ R~FERRED TO TH~ ..
__ DENOTES SURVEY MONUME..T FOUND
-0- OE"OTES SURVEY MO"UMENT SET
SIB D~NOTES STA"DARD IRO" BAR
IB DENOTES IRO.. BAR
IB' DE"OTES ROu..D IRO" BAR
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT ,
I. THIS SURVEY A..D P1.A.. ARE CORR~CT A'lO I" ACCORDA"C~ WITH THE
SURVEYS ACT THE LAIID TITLES ACT 4I<<l THE REGISTRY ACT AIID TH~
REGULATlO..S MADE THEREU"DER
2. THE SURVEY WAS COMPLETED 0.. THE
DAn
C.I': FLEISCHMA....
O..T..IIIO 1.....0 SURVE'tO.
a
FLEISCHMANN CO. LTD.
LAND SURVEYORS
PICKERING CORP CENTRE
PICKERING LIV 3P2
839-8695
SCALE I: 500 JOB'" 89008
DONEVAN
ONTARIO
II ONTARIO STREET
OSHAWA LIG 4Y6
725 -4795, 683- 3701
ORA." BY, L.V. CHKD. BY' G. C.F
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3~
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement, pursuant to Plan 18T-87030. which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle. enacted and passed the 13th day of February, 1969.
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:
Block 97, Plan 10M
For walkway purposes
Block 99, Plan 10M
For parkland purposes
Block 101, Plan 10M
For road widening purposes
(2) CASH IN LIEU OF LANDS - NOT APPLICABLE
(3) The Town shall deliver to the Owner in a form satisfactory to the Owner.
the deeds to the following land:
Part
Plan lOR
In exchange for over
Dedication of Parkland
....-<~:.;,,-'
The appropriate offers of Purchase and Sale and subsequent registration is
to be completed at the Owner's expense. Furthermore. the Owner agrees not
to seek any further compensation for any parkland over dedicated after the
land exchange is finalized.
L.R.: 22.10.88
e
Schedule "F"
e
31
- 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.
SIGNED, SEALED AND DELIVERED
In the presence of:
......,-:.:;.:...
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)
)
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L.R.: 22.10.66
KIDDICORP INVESTMENTS LTD.
II'T~::n~~
MILINEL INVESTMENTS LIMITED
~~hi~~:~ b4: ~~ 't~ ~~
9?c.te.~R~ \01 ~G-C0rc.F~~
CANADIAN IMPERIAL DANK OF COMMERCE
WE HAVE AUTHORITY TO BIND
THE CORPORATION
MANAGER
,<~:'..
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40
SCHEDt:JLE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
WOR..!<S 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 applied as shown on the approved Engineering
Drawings for each street.
(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's Design Criteria and
Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets,
as per the Town of Newcastlels Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings, on the following locations:- as shown on the approved
engineering drawings.
(e)
The Owner agrees to the grading and paving of all driveways between the
curbs and sidwalks, in accordance with the Town of Newcastlels Design
Criteria and Standard Drawings. The grading and paving of all driveways
between the curbs and sidwalks, where sidewalks are installed, and in all
other cases. the grading and gravelling of the driveway between the curbs
and the lot lines.
--...":.:-:,.."
(f) The Owner agrees to construct, install, energize and maintain Street
Lighting, in accordance with the Town's specifications, on all streets and
walkways, to the satisfaction of 'the Director of Public Works.
L.R.: 22.10.88
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Schedule "G"
....- -:~~:, .
(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 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.
3. PEDESTRIAN WALKWAYS
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenances fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(i)
(ii)
( fii)
(iv)
paved or concrete from edge to edge:
properly drained:
fenced and screened;
extended to the curb of any intersecting street and provide appropriate
curb cuts at these locations.
The walkway will be constructed from Regional Road No. 57, via the Old
Highway No.2 right of way to and including Block 97.
(v)
4.
TEMPORARY TURNING_CI~CLES
The Owner shall provide and grant to the Town any turning circle(s) required by
the conditions of draft plan approval in accordance with the Town's Standard
Drawings, and construct and maintain such turning circles in accordance with the
Town's Design Criteria and Standard Drawings, approved by the Director of Public
Works. Such temporary turning circle shall be shown on the final plans as a block
and shall be held by the Town until the extension of Street "*" at which time the
block shall be conveyed without charge to the owners of the abutting lots.
5. CONSERVATION WORK~
In addition to the work required by the Schedule "Q", the Owner shall construct,
install and maintain certain conservation works within!this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works.
6. LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to the Lot
Grading Plan, to the satisfaction of the Director of Public Works and in the case
of parks, to the satisfaction of the Director of Community Services.
7. 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) the tree and shrub planting requirements as per the
approved Landscaping Plan.
,.::,;:.:.
L.R.: 22.10.88
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Schedule "G"
8 . EXTERNAL WORKS
The Owner agrees to pay 100% of the cost of constructing Old King's Highway No.2
between Rhonda Boulevard and Waver ley Road. The construction program will
include:
(a)
(1)
(11 )
(ili)
(iv)
(v)
(vi)
(vil )
Storm sewer system and all appurtenances
Installation of Granular "A" and "B" and paving to a pavement width
of 8.5 metres
Curb and Gutters and Sidewalks
Sodding of boulevards
Paving of driveway approaches
Streetlighting
Any Regional works required.
...'-:~: .:.
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Standard Drawings approved by the Director of Public Works.
9. PARK
The Owner agrees that, prior to the issuance of the building permit
representing 25% of the total number of units within the Plan, to supply
and install all works, in accordance with the Town's specifications and
the approved Park Site Master Plan, as required in Paragraph 4.11 of this
Agreement.
The Director of Community Services shall have the discretionary power to
vary from the above-noted requirements if, in the Director's opinion, such
requirement is not practical.
L.R.: 22.10.88
e
Schedule "0"
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L{J
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers dUly authorized in
that behalf.
.........:.:-"--
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.88
T
.KIDDICORP INVESTMENTS LTD.
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H.T. Halminen YRe.s ~~e~
MILINEL INVESTMENTS LIMITED
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Se(~I4RL/ ~ ~) 'ti-t ~~
CANADIAN IMPERIAL BANK/OF COMMERCE
WE HAVE AUTHORITY TO a.NO
THE CORPORATjON
MANAGER
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ACCOUNT MANAGEtl"
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SCIIEDULE "II"
TillS SCIIEDULE IS SCIIEDULE "II" to the Agreement, pursuant to Plan 16T-67030, which
has been ~uthorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as approved by the Director. All electrical services
are to be installed underground,
The Owner shall also make any necessary arrangements with any T.V. Cable Company
in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of a complete street lighting system to
serve the said Lands on behalf of the Town in whose ownership the system shall
vest upon acceptance of the works including all appurtenant apparatus and
equipment, in the locations as approved by the Director. The Owner shall furnish
written evidence satisfactory to the Director that such arrangements have been
made prior to the issuance of any Authorization to Commence Works.
~.,:';:"
3 . TELEPIIONE SYSTEM
The OWner shall arrange with Community Telephone Limited and/or Dell 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 DISTRIDUTION 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.: 22.10.86
.
Schedule "II"
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45
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IN WITNESS WIIEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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) MILINEL INVESTMENTS LIMITED
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) CANADIAN IMPERIAL DAN OF COMMERCE
) WE HAVE AUTHORITY TO BIND
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L.R.: 22.10.86
C RPORATlON OF
CLERK
KIDDICORP INVESTMENTS LTD.
C-----. "/.~
II. T. lIalminen '~Q0\.~Q,,-~
MANAGER
ACCOUNT MANAGER L. V.
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SCHEDULE "I"
TillS SCIIEDULE IS SCHEDULE "I" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
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 ODTAIN 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 continous inspection service during all phases of the
construction and installation of the Works and the Private Works and to perform
the following:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking; 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
r~quirements 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.
L.R.: 22.10.88
.
Schedule "I"
4. MAINTAIN RECORDS
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The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
<oc.",'..:-:'
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director.
6. PREPARE AS CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare the ,As-constructed Drawings for the approval
of the Director.
IN WITNESS WIIEREOF 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, SEAL EO AND DELIVERED
. lit the presence of:
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L.R.: 22.10.00
.....,:.;:-:...,
MAVOR
CLERK
KIDDICORP INVESTMENTS LTD.
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II.T. IIalminen
MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL D~K OF
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COMMERCE
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SCHEDULE "J"
TillS SCHEDULE IS SCIIEDULE "J" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
COST ESTIMATES
ESTIMATED COST OF WORKS
Storm Sewers (including pipes, manholes,
catchbasins, connections, headwalls &
appurtenances)
$ 475,016,00
Roads - Stage I Services (including rough
grading, granular bases, base curbs, binder
asphalt, streetlighting, etc.
$ 520,662.67
Roads - Stage II Services (including curbs
and gutters, sidewalks, sodding of boulevards,
asphalting roads and driveways, etc.
$ 432,611. 05
Landscaping (including tree planting and
fencing)
$ 95,925.00
TOTAL ESTIMATE COST OF CONSTRUCTION
$1,524,436,72
Contingencies (5%)
$
76,221. 64
SUD-TOTAL
$1,600,656.56
Engineering (10%)
$ 160,065.66
TOTAL ESTIMATED COST OF SERVICES
$1,760,724.42
SAY
$1.760,700.00
....-,:.;:...
The Performance Guarantee has been based on Preliminary Estimates only, and, when
the final Engineering Drawings and Landscaping Plan, have been approved by the
Directors of Public Works and Planning a revised Cost Estimate of the Works,
shall be prepared by the Owner's Engineer and submitted to the Directors for
approval. This revised Cost Estimate shall be used as a basis to adjust the
Performance Guarantee, if the Estimate Increases or decreases.
L.R.: 22.10.66
Schedule "J"
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers dUly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L. R.: 22.10.66
KIDDICORP INVESTMENTS LTD.
II'~~
MILINEL INVESTMENTS LIMITED
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N~fE SeAl e:ul^t ~ ~~.'t..~ as~~~
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CANADIAN IMPERIAL DfNK OF COMMERCE
WE HAVE AUTHORITY TO BIND
THE CORPORATION
MANAGER
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ACCOUNT MANAGER
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SCnEl:>'ULE "K"
TillS SCUEDULE IS SCIIEDULE "K" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
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 damge that shall or may happen to any of the Works or any of
the Utilities or to any part or parts therof 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 to the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent
from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development
of the said Lands together with any or all of the Works and Utilities
pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the Owner
and the Town and shall provide the following minimum coverages:
,.::.,'':'
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death
of anyone person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death
of two or more persons arising out of the same accident; and
(c) $1,000,000.00 for anyone occuran.ce 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.
L.R.: 22.10.88
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Schedule "K"
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3. EXEMPTION OF COVERAGE PROIIIDITED
The policy or policies of insurance shall contain no coverage exemptions or
limi tations 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
4. COVERAGE FOR DLASTING
Prior to authorization by the Director to permit blasting operations as required
in Schedule "K", Clause 1. the Owner shall provide the Town with a special
insurance policy in accordance with the provisions of Clause 1 and 2 above which
shall include the use of explosives.
IN WITNESS WIIEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
....;:.:"-.,
SIGNED, SEALED AND DELIVERED
In the presence of:
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L.R.: 22.10.66
KIDDICORP INVESTMENTS LTD.
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II. T. IIalminen tfJ2..QS lol.Q~
MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL DAfK OF COMMERCE ~'-r~
WE HAVE AUTHOR'TYT08IND
THE CORPORATION
MANAGER
ACCOUNT MANAGER
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SCHEDULE "L"
TillS SCIIEDULE IS SCIIEDULE "L" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR DLASTING
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 DEDRIS
......,:.:.".
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 GARDAGE
All construction garbage and debris from' the said Lands must be disposed of in an
orderly and sanitary fashion in a dump site off the said Lands and approved by
the Director. The Town shall not be responsible for the removal or disposal of
garbage and debris. The Owner agrees to deliver a copy of this clause to each and
every builder obtaining a building permit for any part of the said Lands and to
ensure that no burning of construction garbage or debris is permitted on the said
Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of
any materials or equipment installed or proposed to be installed. The costs of
such tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all public roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
Owner shall maintain, at all times, all such roads free of dust and mud
originating from the lands during the course of construction. If damaged, the
Owner agrees to restore immediately, and at its own expense, such road to a
condition equal to that existing at the time of such damage and to the approval
of the Director. No public road outside the limits of the said Lands shall be
closed without the prior written approval of the authority having jurisdiction
over such public road. The Owner agrees not to use or occupy any untravelled
portion of any public road allowance without prior written approval of the
authority having jurisdiction over such public road allowance.
L.R.: 22.10.86
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Schedule "L"
e
S3
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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 b~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.
6. 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 par~ies hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf. .
SIGNED. SEALED AND DELIVERED
In the presence of:
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L . R.: 22 . 10. 88
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K IDDI CORP
INVESTMENTS LTD.
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MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL DA~ OF COMMERCE
WE HAVE AUTHORITYTOBf
THE CORPORA Tl0N
MANAGER
ACCOUNT MANAG,
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SCHEDULE "M"
TflIS SCHEDULE IS SCIIEDULE "M" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1909.
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 DLOCK NUMDER
LAND USE
Lots 1 - 95
In accordance with the provisions of Dy-Law
04-63, as amended, of the Town of Newcastle.
Dl ock 96
For Future Development
Dlock 96
For Future Townhouse Development
Dlock 99
For Parkland
Dlock 100
For School Purposes
"..,.~,,:,. ,-
L.R.: 22.10.00
e
Schedule "M"
e
ss--
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
".;~:..
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.66
KIDDICORP INVESTMENTS LTD.
L---- ~~
n.T. lIalminen' YResL~d ~
MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIALDAlK OF COMMERCE U
WE HAVE AUTHORfTYT08fNO
THE CORPORATION
MANAGER
ACCOUNT MANAGE
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SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
LA~DS 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
CONDITIONS TO BE SATISFIED
Block 96
To be developed with abutting lands and to
recognize noise control measures as described
for lots listed below.
Lots 34-41, 61, 66-68, 88-96
Issuance of building permits see 4.6(16) and
(17) and Schedule "V" Ministry of Environment
#4. in addition to normal requirements for
permits.
Lots 86 to 96
No structures other than residences without
written approval of Central Lake Ontario
Conservation Authority.
'- ';~:-'- "",
L.R.: 22.10.88
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Schedule "N"
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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L.R.: 22.10.88
KIDDICORP
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MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL BANK ~F COMMERCE
WE HA VE AUTHORITV TO BIND
THE CORPORA HON
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SCHEDULE "0"
TillS SCHEDULE IS SClIEDULE "0" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
.....,:.:'-.-
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Duilding 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 DLOCK NUMDER
Dlock 96
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
.....;:.::"-.,
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.66
CLERK
KIDDICORP INVESTMENTS LTD.
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MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL DANK OF COMMERCE
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A liON
MANAGER
ACCOUtllT MANAGER
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SCIIEDULE "P"
TUIS SCUEDULE IS SCUEDULE "P" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
OVERSIZED AND/OR EXTERNAL SERVICES, AND TIlE REIMDURSEMENT FOR TIlE OVERSIZED
AND/OR EXTERNAL SERVICES
1 . EXTERNAL ROAD SYSTEMS:
The Town endeavours to collect from the developers of the lands abutting Old
Uighway No.2, 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 sides 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 Schedule "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 by 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:
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.
\
L. R.: 22.10.86
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Schedule "P"
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
........;: ,~
SIGNED, SEALED AND DELIVERED
In the presence of:
L . R.: 22 . 10. 86
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KIDDICORP
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MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL DANK OF COMMERCE ~
WE HAVE AUTHORITY TO BIND
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MANAGER
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SCHEDULE "Q"
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THIS SCHEDULE IS SCHEDULE "Q" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
CON~ERVATION AUTHORITY'S WORKS
1) Prior to the initiation of grading and prior to the registration of this
Plan or any phase thereof, the Owner shall submit for review and approval
of the Central Lake Ontario Conservation Authority, a detailed engineering
erosion and sedimentation control plan for the site.
2) That prior to final approval of the Plan, the Owner shall obtain Central
Lake Ontario Conservation Authority's approval for lot/block grading plans
for the site, and drainage plans for the subject property. These plans are
to indicate that flows resulting from snowmelt and the 100-year storm will
be directed from the site without subjecting buildings or adjacent
properties to flooding.
3) The Owner agrees to not place or remove fill, or carry out grading on the
site, without prior written approval being obtained from the Central Lake
Ontario Conservation Authority.
4) The Owner agrees not to locate structures, other than residences, on Lots
85 to 94 without the written approval of Central Lake Ontario Conservation
Authority.
5) The Owner agrees to develop Block 98 in accordance with development plans
approved by the Central Lake Ontario Conservation Authority.
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L. R.: 22.10.88
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Schedule "Q"
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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L.R.: 22.10.66
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, CLERK
II. T. lIalminen'
MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL DANK/OF COMMERCE 1
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MANAGER
ACCOUNT MANAGER
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SCHEDULE "R"
TillS SCIIEDULt IS SCIIEDULE "R" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969,
ENGINtERING 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
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater.
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the estimated
cost of services - whichever is
greater.
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the estimated
cost of services - whichever is
greater.
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater.
For the purposes of calculating the Engineering and Inspection Fees as
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
commence for each respective phase.
L.R,: 22.10.66
.....::.:.....,
Schedule "R"
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.88
KI:::~
II. T. Ualminen f ~Qs \<tel\..{
MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL j1., OP COMMERCE fu ~~f.l~
WE HAVE AUTHORITV TO B4NO
THE CORPORA T
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SCHEDULE "S"
THIS SCHEDULE IS SCHEDULE "s" to the Agreement, pursuant to Plan 18T-87030, which
has been authorized and approved by By-Law No. 89-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1989.
MINISTERIS/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
See Attached
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L . R.: 22 . 10 . 88
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H. T. HaIm:: RQS ,J.el\.'
MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL ~ OFCOJrnERCE ~
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Attachment to letter dated July 20, 1989
From: Dr.~. ~ichael, Commissioner of Planning
..,c" To: Ki ddi corp Investments ltd.
Re: Plan of Subdivision 18T-87030
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF
SUBDIVISION ARE AS FOLLOWS:
1. That this approval applies to draft plan of subdivision 18T-87030, prepared
by Donevan and Fleischmann Company Limited, identified as number 89248,
revised and dated June 23, 1989, showing 52 single family detached dwelling
lots, 43 semi-detached or link dwelling lots, one block for a multiple
-,.' housing development (144 units), one parkland block, one block for school
expansion, one parkland block, one block for separate school expansion, a
wa 1 kway, a road wi deni ng and vari OUS reserves.
2. That the road allowances included in this draft plan shall be dedicated as
pub 1i c hi ghway .
3. That the road allowances included in this draft plan shall be named to the
satisfaction of the Region of Durham and the Town of Newcastle.
4. That Block 101 shall be dedicated as public highway(s) for the purpose of
widening of Waverly Road.
S. That 0.3 metre reserve(s) shall be conveyed to the Town of Newcastle.
6. That Block 97 shall be dedicated to the Town of Newcastle as a public
walkway.
7. That the owner shall convey land to the Town of Newcastle for park or other
pUblic recreational purposes in accordance with the Planning Act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
8. That such easements as may be required for utilities, drainage and servicing
purposes shall be granted to the appropriate authority.
9. That the uses shown on the approved draft plan shall be zoned in an
appropriate zoning by-law passed by the Council of the Town of Newcastle in
effect in accordance with the Planning Act.
10. That a ground vibration transmission study, including site tests, be prepared
by a qualified consultant and submitted to CP Rail and the Town of Newcastle
for review, and if levels are found to be in excess of acceptable levels, all
dwellings within 75 metres of the nearest track should be protected, possibly
by means of rubber pads installed between the foundation and occupied
portion. The vertical natural frequency of the structure on the pads should
not exceed 12 Hz.
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11. That the owner shall provide CP Rail with a drainage plan that ensures that
the development does not increase or change the direction of natural drainage
affecting CP Raills property, and that the owner shall obtain the written
approval of the drainage plan from CP Rail prior to final approval of the
plan.
12. That the owner shall obtain the approval of CP Rail, including a written
agreement, prior to the installation of any proposed utilities under or over
CP Raills property.
13. Prior to the initiation of grading and prior to the registration of this plan
or any phase thereof, the owner shall submit for review and approval of the
Central lake Ontario Conservation Authority, a detailed engineering erosion
and sedimentation control plan for the site.
14. That prior to final approval of the plan, the owner shall obtain Central lake
Ontario Conservation Authority's approval for lot/block grading plans for the
site, and drainage plans for the subject property. These plans are to
indicate that flows resulting from snowmelt and the tOO-year storm will be
directed from the site without subjecting buildings or adjacent properties to
fl~oding.
15. That the owner shall submit to the Ministry of the Environment and the Town
of Newcastle, for review and approval, an acoustic report to be prepared by a
qualified engineer, recommending the necessary noise attenuation measures.
16. That the owner shall enter into a written agreement with the
Peterborough- Vi ctori a-Northumberl and and Newcastle Roman Catho1 i c Separate
School Board which provides for the satisfactory arrangement for the future
acquisition of the school site as shown as Block 100 on the draft plan.
17. That the owner shall provide for the extension of such sanitary sewer and
water supply facilities which are external to, as well as within, the limits
of the plan which are required to service such plan. In addition, the owner
shall provide for the extension of sanitary sewer and water supply facilities
within the limits of the plan which are required tqservice other
developments external to his subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed as per the standards and
requirements of the Region of Durham; all arrangements, financial and
otherwise, for said extensions are to be to the satisfaction of the Region of
Durham and are to be completed prior to final appr6va~.
18. That prior to entering into a subdivision agreement, the Region of Durham
shall be satisfied that adequate water pollution control plant and water
supply plant capacities are available tQ the proposed subdivision.
19. That the owner shall submit to the Town of Newcastle a Landscaping Plan
prepared by a qualified landscape architect, based on the Town's design
criteria, for review and approval.
20. That the owner shall submit a Park Site Master Plan prepared by a qualified
landscape architect, including the requirements of the area municipality, to
the Town of Newcastle for review and approval.
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21. That the owner shall submit a Master Drainage and lot Grading Plan, prepared
to meet the Town's Design Criteria, to the Town of Newcastle for review and
approval.
22. That the owner shall submit a Tree Preservation Plan, prepared by a qualified
consultant, to the Town of Newcastle for review and approval.
23. That prior to final approval of the pl~n, the owner shall satisfy all
requirements, financial and otherwise, of the Town of Newcastle. This shall
include, among other matters, execution of a subaivision agreement between
the owner and the Town of Newcastle, concerning the provision and
installation of roads, services and drainage, and other local services.
24. That prior to final approval of the plan, the owner shall satisfy all
requirements, financial and otherwise, of the Region of Durham. This shall
~'.- include, among other matters, execution of a subdivision agreement between
the owner and the Region of Uurham concerning the provision and installation
of sanitary sewer, water supply, roads and other regional services.
25. That the subdivision agreement between the owner and the Town of Newcastle
shall contain, among other matters, the following provisions:
a) The owner agrees to not place or remove fill, or carry out grading on the
site, without prior written approval being obtained from the Central Lake
Ontario Conservation Authority.
b) The owner agrees not to locate structures, other than residences, on Lots
86 to 94 without the written approval of Central Lake Ontario
Conservation Authority.
c) The owner agrees to develop Block 101 in accordance with development
plans approved by the Central Lake Ontario Conservation Authority.
a) The owner agrees to insert the following clause in the sale and purchase
agreement for each lot:
i) "Purchasers are advised that despite the inclusion of
noise control features within the development area and
within the individual building units, noise levels may
continue to be of concern, occasionally interfering
with some activities of the dwelling occupants."
e) The owner agrees to implement those noise control measures as recommended
in the acoustic report as required in condition 15.
f) The owner agrees that all dwellings, with the exception of unoccupied
buildings, such as garages, shall be setback a minimum distance of 30
metres from property line abutting CP Rail's lands.
g) That the owner shall ensure that a clause is registered on, and run with,
the title of all properties within 300 metres of the CP Rail right-of-way
warning prospective purchasers of the railway's presence and that CP Rail
will not take responsibility for complaints as a result of noise,
vibration, air quality, etc. generated by present and/or future
operations.
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h) The owner shall install a berm, or a combination of a berm and noise
attenuation fence, having a total height of not less than 5.5 metres
above top of rail, to be maintained by the developer on the adjacent
property parallel to the CP Rail right-of-way. The berm portion must
have a minimum height of 2.5 metres above top of rail.
i) That the owner shall provide a continuous well monitoring program during
the construction of the subdivision, and further, agrees that where the
existing well or private water supply of any owner on the east side of
Regional Road 57, adJoining the pr.oposed subdivision, is interfered with
as a result of construction or development of the subdivision, the owner
shall, at his own expense, on behalf of the homeowners, pay the cost of
watermain connection charge, and provide the homeowners with $1,000 each
for the purpose of offsetting the cost of waterline installation on
private property. Prior to registration of the Subdivision Agreement,
the owner shall deposit a letter of Credit with the Town, in a sufficient
amount to cover the costs of watermain connection and the use of private
waterline installation, in an amount of $1,000 per household.
-- "....'
j) That the owner shall erect and maintain a six-foot high chain-link fence
along the common property line between CP Rail's land and this
evelopment, the cost of which to be borne by the developer, and shall
ensure that a covenant is registered on the title of those lots abutting
CP Rail's lands that obliges the purchasers of said lots to maintain the
six-foot high chain-link fence in a satisfactory condition at the
purchasers' expense.
26. That prior to final approval, the Commissioner of Planning for
the Region of Durham shall be advised in writing by:
a) Town of Newcastle, how conditions 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 15, 19, 20, 21, 22, 23 and 25 have been satisfied;
b) Central lake Ontario Conservation Authority, how
~ conditions 13, 14, 25(a), 25(b) and 25(c) have been
. ~ . satisfied;
c) ~inistry of the Environment, how conditions 15, 25(d) and
.-:' 25(e) have been satisfied;
It!
Y' d) CP Rail, how conditions lU, 11, 12, 25(f), 25(g), 25(h) and 25(j) have
.':'\ been satisfied; and
e) Peterborough-Victoria-~orthumberland and Newcastle Board
.' ~ '.\ of Education, how condition 16 has been satisfied.
NOTES TU DRAFT APPRUVAl
1. As owner of the proposed subdivision, it is in your interest
as well as your responsibility to satisfy all conditions of
approval in an expeditious manner.
2. All plans of subdivision must be registered in the land Titles
system within the Uurham Region.
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3. Where agencies' requirements are contained in the subdivision
agreement, it is your responsibility to forward a copy of the
agreement to these agencies in order to facilitate their
clearance of conditions for final approval. These agencies
are:
a) Chris Conti, Central lake Ontario Conservation Authority,
100 Whiting Avenue, Oshawa, Ontario llH 3T3 (579-0411).
b) Peter Balaban, Technical Support Section, Central Region,
Ministry of the Environment, 7 Overlea Blvd., 4th Floor,
Toronto, Ontario M4H lA8 (424-3000).
c) Steve Rowe, CP Rail, P.O. Box 4100, Agincourt, Ontario
MIS 4A8 (1-800-268-4162).
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SCHEDULE "T"
TIIIS SCHEDULE IS SCHEDULE "T" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporation of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
TREE PRESERVATION PLAN
See Attached
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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CLERK
KIDDICORP INVESTMENTS LTD.
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MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL DAN~OF COMMERCE if
WE HAVE AUTHORITY TO BIND
THE CORPORA TfON
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L . R.: 22 . 10. 88
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EXISTING TREE TO BE REMOVED I/ff)
EXISTINC TREE TO REMAIN
0", tE Sf APpROVED
,",VISION
NO
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DATE" APRIL 1gee
REVISIONS
APPROVED
APPROVED
DIRECTOR.PUBLIC WOftl(S OEP...RT~1"
TOWN Of'" NEWCASTl.E
WOftKS OEP...R'..ENT
REC ION OF OiJfl:IU,M
KEY PLAN
DATE'
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SCHEDULE "U"
TillS SCHEDULE IS SCHEDULE "U" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 89-27 of the Corporation of the
Town of Newcastle, encacted and passed the 13th day of February, 1969.
LANDSCAPING PLAN
See Attached
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.86
KIDDICOR~ INVESTMENTS LTD.
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MILINEL INVESTMENTS LIMITED
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CANADIAN IMPERIAL ~K OF COMMERCE V
WE HA VE AUTHORITY TO BIND
THE CORPORATION
MANAGER
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BOlAN'tAL NAME
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PRAXINUS AMERICANA
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RlVI$IOH
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APPROVED
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DIREl;:fO!l.PUBLIl; 'OM(S Q€PAftTIlIENf
TO... OF NEWCASTLE
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CORPORATION OF THE TOWN OF NEWCASTLE
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PLAN
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HOIlZ 1'1000 88034
R.C.B.
IORUING NO.
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SCHEDULE "V"
TillS SCHEDULE IS SCHEDULE "V" to the Agreement, pursuant to Plan 16T-67030, which
has been authorized and approved by Dy-Law No. 69-27 of the Corporatin of the
Town of Newcastle. enacted and passed the 13th day of February, 1969.
REQUIREMENTS FROM OTHER AGENCIES
MINISTRY OF TilE ENVIRONMENT
1. The the Owner shall submit to the Ministry of the Environment and the Town
of Newcastle. for review and approval. an acoustic report to be prepared
by a qualified engineer. recommending the necessary noise attenuation
measures.
2.
That prior to final approval, the Ministry of the Environment shall be
notified by a copy of the fully executed Subdivision Agreement between the
Owner and the Town of Newcastle that the noise control features
recommended by the acoustical report, and approved by the Ministry of the
Environment and the Town of Newcastle. shall be implemented, as approved,
by requirements of the Subdivision Agreement.
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3. The Owner agrees to insert the following clause in the sale and purchase
agreement for each lot:
i) "Purchasers are advised that despite the inclusion of noise control
features within the development area and within the individual
building units. noise levels may continue to be of concern,
occasionally interfering with some activities of the dwelling
occupants."
4. The Owner agrees to implement those noise control measures as recommended
in the acoustic report.
PETERDOROUGII-VICTORIA-NORTIIUMDERLAND AND NEWCASTLE DOARD OF EDUCATION
1. That the Owner shall enter into a written agreement with the
Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate
School Doard which provides for the satisfactory arrangement for the
future acquisition of the school site as shown as Dlock 100 on the draft
plan.
C . P. RAIL
I. That the Owner shall install a berm, or a combination of a berm and noise
attenuation fence. haVing a total height of not less than 5.5 metres above
top of rail must be erected and maintained by the developer on the
adjacent property parallel to our right-of-way. The berm portion must have
a minimum height of 2.5 metres above top of rail.
2. That all dwellings shall be set back a minimum distance of 30 metres from
the property line, with the exception of unoccupied bUildings. such as
garages.
L.R.: 22.10.86
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Schedule "V"
C.P. RAIL Continued
3. That a ground vibration transmission study, including site tests, be
prepared by a qualified consultant, and if levels are found to be in
excess of acceptable levels, all dwellings within 75 metres of the nearest
track should be protected, possibly by means of rubber pads installed
between the foundation and occupied portion. The vertical natural
frequency of the structure on the pads should not exceed 12 Ilz.
4. That the Owner shall ensure that a clause is registered on, and run with,
the title of all properties within 300 metres of the C.P. Rail
right-of-way warning prospective purchasers of the railways's presence and
that C.P. Rail will not take responsibility for complaints as a result of
noise, vibration, air quality, etc. generated by present and/or future
operations.
5. That the Owner shall ensure that the design of the plan does not increase
or change the direction of natural drainage affecting C.P. Rail's property
without the written approval of C.P. Rail.
6. That the Owner shall obtain the approval of C.P. Rail, including a written
agreement, prior to the installatibn of any proposed utilities under or
over C.P. Rail's property.
7. That the Owner shall erect and maintain a six-foot high chain-link fence
along the common property line between C.P. Rail's land and this
development, the cost of which to be borne by the Developer, and shall
ensure that a covenant is registered on the title of those lots abutting
C.P. Rail's lands that obliges the purchasers of said lots to maintain the
six-foot high chain-link fence in a satisfactory condition at the
purchasers' expense.
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L.R.: 22.10.88
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Schedule "V"
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- 3 -
IN WITNESS WIIEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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L.R.: 22.10.66
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KIDDICORP INVESTMENTS LTD.
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CANADIAN IMPERIAL DA I{ 'COMMERCE r4 r
WE HAVE AUTHOfUTV TO 91'40
THE CO~QRAT.ON
MANAGE~
ACCOUNT MANAGER
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SCHEDULE lOW"
TillS SCHEDULE IS SCIIEDULE "W" to the Agreement, pursuant to Plan 16T-87030, which
has been authorized and approved by Dy-Law No. 09-27 of the Corporatin of the
Town of Newcastle, enacted and passed the 13th day of February, 1969.
ARCIII TECTURAL 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)
2.
a)
b)
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c)
d)
3.
a)
Dwellings site at corners require full height masonry products on all
elevations.
Colors
Colors of bricks, siding, roofs and trims must be compatible and in
harmony such as earthtone range, pastel range, grey/block range etc.
Where blocks are used, colored mortar is required.
Accent color bricks for brick detailing is permitted provided if used
consistently in group of dwellings.
Color of caulking around metal flashing or windows is required to match
color of brick or siding.
Repetition of Elevations and Styles
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) DUilder 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.
L.R.: 01.05.89
.
Schedule "W"
.
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- 2 -
IN WITNESS WIIEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
";-:';'-'-"
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 22.10.86
KIDDICORP INVESTMENTS LTD.
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II. T. Ualmi nen ( y~s lJ. .Q '-~
MILINEL INVESTMENTS LIMITED
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CANADIAN I~AL ~ K 0 'OMMllRCE CO~~R.~""
WE l-1AV.E A'(JiK{)~ 'T()~
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MA.~ AG.....l:iR
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DATED: I o.-A.M, ~ 3, J 990
:J.z889
D E T WEE N:
TilE CORPORATION OF TilE TOWN OF NEWCASTLE
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KIDDICORP INVESTMENTS LTD.
SUDDIVISION AGREEMENT
.
The Corporation of the Town of Newcastle
Planning Department
40 Temperance Street
Dowmanville, Ontario L1C 3A6
File: 16T-67030
L.R.: 22.10.66
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