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Home My WebLink About89-80 DN: B/L THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 89- 80 being a By-law to authorize the entering into of a Agreement with Carholme 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 Carholme Investments Limited and the said Corporation dated the 8th day of May ,1989, 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 a~oresaid Agreement. 3. THAT Schedule "X" attached hereto forms part of this By-law. BY-LAW read a first time this 8th day of May May 1989 1989 BY-LAW read a second time this 8th day of BY-LAW read a third time and finally passed this 8th day of May 1989. ." .. DYE & DURHAM CO. LIMITED Form No. 985 1.Jl;,.l Province ~li"~ 01 ~ Ontario Document General Form 4 - Land Registration Reform Act, 1984 D NL 20163 NUM BER..................__....._..___.__ J (ER,IIFlCATE OF RECE~PT UN ~ I 20 PM '89 (1) Registry 0 (3) Property Identlfler(s) Land Titles [Xl T (2) Page 1 of ~ pages Block Property Additional: See 0 Schedule ~ z o w (f) ::l w () ii: u. o lr o U. (4) Nature of Document Application to Register Notice of an Agreement - Land Titles Act Section 74 (5) Consideration ASS, OEPo. LMID REGISTRAR NFWCASTLE No. 10 BmNMi~NIJ'LlE Dollars $ (6) Description Parcel 8-1 Sec.tion 1:J6:.~. Broken Front C.O '" (re.oo-~" u I ~ Newcastle lDaLILL~tvtJ) Town of Newcastle Regional Municipality of Durham as more particularly set out in the Scl.edule attached New Property Identifiers Additional: See 0 Schedule be.\N:3 f-1wL- w~ (!> ~ r fI ~ S4 t r5 f>1'1-~ct Executions Additional: See Schedule o (7) This Document Contains: (a) Redescription New Easement PlanlSketch j (b) Schedule for: o i Description [XI Additional Parties 0 Other [KI (8) This Document provides as follows: / Carholme Investments Limited is the registered owner of the Janos herein described. And hereby applies under Section 74 of The Land Titles Act for the entry of a Notice of Agreement between Carholme Investments Limited and The Corporation of the Town of Newcastle relating to the lands described herein. f~~Uz.-t-- C;;..... 1 \ s~ . ~ F LoN 15 rHL'z- 5:.;1 M~'t.. ~ f? -t.() > N 51l1l~b fA.tk.- A 0 vf/ rt7 'tr~ d.. t; <!Jf /) es ""i11-7.- 4/1/P ~ A-rrlfCJ1~f) I)t{~ ~ Continued on Schedule 0 ( (9) This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) } Signature(s) Date of Signature Y M 0 THE CORPORATION OF WE WWN OF NEWCASTLE , " ! i i . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . f . . "!o . . ! :: , " . . . . . " . . 0-0 . . . . . . . . . . . . . . -. . . . . . . . . ! . . . . . : . . .1. . . i ~! . " . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . ; . . .!. . . , '. ! !! : !: (11) ~d~::ce 40 Temperance Street, Bowrnanville, Ontario, Lie 3K6 (12) Party(les) (Set out Status or Interest) Name{s) Signature(s) Date of Signature Y M 0 (13) Address for Service 805 Lakeshore Blvd. i : I I , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . ~ . . , , , , , , , , , , , , ~~o:o. o~' 0 0 0 0 0 0 0 o~. 00. 0 0 0 0 0'" 0 0 orlO;~;' !~~ . . . . . . ... . . . .. .. . . . . ~ . . . . . r . . , , MARR ! I I I East, Toronto, Ontario, M4M lB2 16 . 0 .CARHQI..ME .INYESn1MSo Lrt1J!ED 0 0 0 0 0 0 0 0 , . 0 , . 0 0 (Owner and Applicant) . . . . . . . . . . . . . . . . .0-." . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .~y.+~~.~q~~~~~q~~" o~.~~~ ~P~. ~FF.. 0 0' 0 0 0 (14) Municipal Address of Property not assigned (15) Document Prepared by: Ellen Marr 89/0876 Goodman and Carr 2300-200 King St. W. .f\'. Toronto, Ontario MSH 3WS I~ Fees and Tax ..J 5 Registration Fee w en :::> w () u: u. o lr f2 Total J I 10"4 11\>""" I..r:~...."'" t).. .. ..... .. t ._ ~ fj'Z- .J 'It' THIS AGREEMENT made in quintuplicate this 1989. .., J.:s T ....A \/ .::> day of I - I A I BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - CARHOLME INVESTMENTS LIMITED Hereinafter called the "OWNER" OF THE SECOND PART, WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "Lands"; AND WHEREAS the Owner warrants that it is the registered owner of the Lands; AND WHEREAS the Owner warrants that it has applied to the Regional Municipality of Durham, hereinafter called the "Region" for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Region's conditions for such approval, the Owner has consented to enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Region to satisfy the requirements of the Regional Municipality of Durham, financial and otherwise; AND WHEREAS the Owner warrants that it has or will enter into an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; NOW THEREFORE in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: rwll A5 (. ...t/~;.._ .. ..' . r _ ' ... \) ~ :; ~ TABLE OF CONTENTS 1 . DEFINITIONS 2. GENERAL 2.1 Certification of Ownership 2.2 Copy of Plan and Agreements Required 2.3 Dedication of Easements 2.4 Dedication of Lands 2.5 Registration of Deeds and Grants of Easements 2.6 Interest in Said Lands 2.7 Notification of Owner 2.8 Registration of Agreement 2.9 Renegotiation and Amendment of Agreement 2.10 Town to Act Promptly 2.11 Assignment of Agreement 2.12 Schedules to Agreement 2.13 Successors 3. FINANCIAL 3. 1 Payment of Taxes 3.2 Charges Against the Lands 3.3 Cash-in-Lieu of Land Dedication 3.4 Performance Guarantee Required 3.5 Use of Performance Guarantee 3.6 Indemnification of Town and Insurance 3.7 Maintenance Guarantee Required 3.8 Use of Maintenance Guarantee 3.9 Requirements for Release of Performance Guarantee 3.10 Requirements for Release of Maintenance Guarantee 3.11 Payment of Municipal Costs 3.12 Unpaid Charges 4. PLANNING 4.1 Approval of Landscaping Plans 4.2 Use of Said Lands 4.3 Lands Unsuitable for Building ~,j t' '1:" I ..' ~.. ^'-l-' l --.) 4.4 4.5 4.6 4.7 4.8 4.9 ~ Lands Requiring Site plan Approval Requirements for Building Permits Architectural Control Requirements for Sale of Lands Requirements for Authorization to Occupy Special Conditions 5. PUBLIC WORKS 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 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 5.9 Approval of Cost Estimate 5.10 Requirements for Authorization to Commence Works 5.11 Inspection and Stop Work 5.12 Provisions for Construction and Installation 5.13 Sequence of Construction and Installation 5.14 Completion Time for Construction and Installation 5.15 Additional Facilities or Work Required 5.16 Incomplete or Faulty Work 5.17 Entry for Emergency Repairs 5.18 Damages or Relocation of Existing Services or Neighbouring Wells 5.19 Use of Works by Town 5.20 Maintenance of Roads after Completion 5.21 Requirements for Certificate of Completion 5.22 Period of Required Maintenance of Works 5.23 Requirements for Certificate of Acceptance 5.24 Ownership of Works by Town 5.25 Requirements for Certificate of Release 5.26 Requirements for Oversized or External Services 5.27 Responsibility of Subsequent Owners ~~ Ii3 '. r-. , ., --'t--) , -- 'j If j SCHEDULES TO AGREEMENT A. LEGAL DESCRIPTION OF SAID LANDS B. PLAN OF SUBDIVISION (REDUCTION) C. CHARGES AGAINST SAID LANDS D. DEVELOPMENT CHARGES E. GRANTS OF EASEMENTS TO BE DEDICATED F. LAND AND/OR CASH TO BE DEDICATED G. WORKS REQUIRED H. UTILITIES AND SERVICES REQUIRED I. DUTIES OF OWNER'S ENGINEER J. COST ESTIMATES K. INSURANCE POLICIES REQUIRED L. REGULATIONS FOR CONSTRUCTION M. USE OF SAID LANDS N. LANDS UNSUITABLE FOR BUILDING O. LANDS REQUIRING SITE PLAN APPROVAL P. OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES Q. CONSERVATION AUTHORITY'S WORKS R. ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT S. REGION'S CONDITIONS OF DRAFT PLAN APPROVAL U. REQUIREMENTS OF OTHER AGENCIES fJrlttj f{3 , . \ \ p ~-1,;-) tf b \.,! .. j - , ,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 or its designated representative. 1 . 4 "Director" shall mean the Director of Public Works of the Town of Newcastle or his designated representative. 1.5 "Director of Community Services" shall mean the Director of Community Services of the Town of Newcastle or his designated representative. 1.6 "Director of Planning" shall mean the Director of Planning and Development of the Town of Newcastle or his designated representative. 1 . 7 "Minister" shall mean the Minister of Municipal Affairs, Ontario. 1 . 8 "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 IlTown" shall mean Councilor 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. ~ ;Y/3 , . ",;J - \>, ~ 1 'fj ... j '0 '-. GENERAL 2.1 CERTIFICATION OF OWNERSHIP (1) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter 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 2.9(3) hereof, the Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Commissioner, the Minister , or the Ontario Municipal Board. The said plan is attached hereto as Schedule "B" and is hereinafter called the "Plan". The Owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containing the stamp of approval of the Region, and a copy of the subdivision agreement entered into between the Owner and the Region with respect to the said Plan if such approval and/or Agreement is in existence at the time of the execution of this Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement, the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities, or, if such agreement or agreements are npt 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 building on 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. ~ 113 ';-'\ t?' I( L(; \:1,j \. j · \ ~- 'I 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 INTEREST IN SAID LANDS The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. 2.7 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: Mr. R. Sobottka Executive Vice President Carholme Investments Limited 805 Lakeshore Boulevard East Toronto, Ontario M4M 1B2 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. 2.8 REGISTRATION OF AGREEMENT The Owner hereby consents to the registration of this Agreement by the Town and covenants and agrees 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. 2.9 RENEGOTIATION AND AMENDMENT OF AGREEMENT (1) The Owner agrees that the Town may at its option in the circumstances set out below on thirty (30) days written notice to the Owner. declare this Agreement to be subject to renegotiation. whereupon the Owner agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This agreement may be subject to renegotiation if: (i) the Region. the Minister. or the Ontario Municipal Board approves a Plan of Subdivision for the said lands which is substantially different from the Plan attached hereto as Schedule "B"; or (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. , r ~I.)t -, ""'. '1 .-...... , I~L; 41b-4~4-3293 14 : ~-. 7, 1.10. (I:~;' F, I:I:~ .If q /'I,:)q nq. :::':1 (3) The part1es hereto acknowledgo that at the time of the exeoution of this Agreement, only a red lined copy of tho plan of subdivIsion i~ in existence and all desoriptions in this Agreement and the Sohedules annexed herdto refer to the descr1pttons 1n the red lined plan annexed hereto as Sohedule "B". Upon the final plan of subdivision being approved by the Regional Municipality of Durhaml the final plan shall be SUbstituted for the red lin6d plan annexed as Schedule "B" and all amendments necessary or requisite shall be made to conform with the desoriptions u3ed in this Agr00ment and the Schedule~ (and without limitins the generality of the forc;bo1ng, in partioular Soh8dule~ '16", "E", "FII, "G", "N", "0", "P", and ~Q") with the final plan of subdivision. 2.10 TOWN TO ACT PROMPTLY ~JherevGr' the To~n, or the Soliei toe, 0(' the Treasurei' fOt' the TOI-In, or' the Director, 13 i'equlred to take aotion pursuant to this Agreement, or 18 required to make a decision or rGl1d.::r an op1n1ol11 or give oonfirlllation or give authoI'lzatlon, 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. 2.11 ASSIGNMENT OF AGREEMENT The Owner shall not aS5ign this Agreement without prior written consent of the Town and no such assignment shall relieye the subsequent owner of any of his obligations under thLs Agreement. 2.12 SCHEDULES TO AGRE2MENT The following schedules which are Identified by the signatures of the parties to this Agraementl and which are attaohed hereto, togethclr with all provisions contained there1n, are hereby made a part or this Agreement as fUlly and to all intents and purposes as though reOited in full herein: Schedulti flAil Schedulr.; liB II $ch.;dule "c" Schedule "0" Schedule "Ell Schedule "F" Schedule "G" Schedule "H" Schedule "I" Schedule "J" SchedLlle ilK" Schedule "L" Schedule "/>1 " Schi.ldule "N" Schedule "0" Schedule liP" "Legal De3cription of Said Lands" "Plan of' SUbd:l.vislon" "Charges Against Said Lands" "Development Charges" "Orants of Easements to be DedIoated" "Land and/or Cash to bo Dedicated" "Works Required" "Utilitle:J and Sef'vioes Requil"ed" "Duties of Owner's Engineer" "Cost Est.imate311 IrInsurance Policies Raquir€ld" "Regulations for Construotion" "Use of Said Lands" "Lands Unsuitable for Buildingll "Lands Requlr'ing Site Plan ApproviA 1" "OverSized and/or External Servioes, ~nd the Reimbursement for the Oversized and/or External Service.s II Schedule "Q" "Conservation Authority's Works" -. '1 if rD '.:1, ~ I . , t' 1 ~lr.ll Schedule "R" "Engineering and Inspection Fees for Development" Schedule "S" "Region's Conditions of Draft Plan Approval" Schedule "U" "Requirements of Other Agencies" 2 .13 SUCCESSORS This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. ~J ;l3 , . . , " ) , ' ~ , "t .. 1ft,- [ ( 3. FI~ANCIAL 3.1 PAYMENT OF TAXES The Owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said Lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the Owner of such lands. 3.2 CHARGES AGAINST THE LANDS It is acknowledged that by agreement dated July 7, 1986, and entered into between the Owner and the Region, the Owner is paying to the Region, on an annual basis, its proportionate share of the cost of certain water works and sanitary sewer works con$tructed by the Region. These payments, unless commuted by agreement between the Owner and the Region, will be apportioned among subsequent owners of the Lands. 3.3 CASH IN LIEU OF LAND DEDICATION The Owner agrees that, if the Town agrees to accept cash in lieu of the dedication by the Owner to the Town of lands for public purposes, other than highways, the amount of such cash payment shall be as set out in Schedule "F" hereto. The Owner further agrees to pay to the Town any such cash payment as set out in Schedule "F" hereto, at the time of the execution of this Agreement. 3.4 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". 3.5 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 Own~r to the Town under this Agreement by due date of the invoice for such costs. f 3.6' INDEMNIFICATION OF TOWN AND INSURANCE Unt~l the issuance of the Certificate of Release provided for in this Agreement, the! Owner covenants and agrees to indemnify the Town against all actions, causes of acttons, suits, claims and demands whatsoever and howsoever caused, which arise eit~er 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 shall also provide the insurance called for by Schedule "K" of this , Agreement. 3.7 MAINTENANCE GUARANTEE REQUIRED In order to guarantee that all defects in the Works which become apparent after the iss~ance 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 qash or an irrevocable letter of credit from a chartered Canadian bank, and in an ~mount equal to fifteen percent (15%) of the estimated cost of the Works as set -, i ~J ( , " ~ IV \'.i i ~ I . . " put in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Town Treasurer, and shall guarantee the Works from the date of the issuance of a "Certificate of Completion" for the works referred to in Paragraph 5.21, for.a minimum period of two (2) years and would terminate on the date of the "Certificate of Acceptance" for the works as referred to in Paragraph 5.23. 3.8 USE OF MAINTENANCE GUARANTEE The Owner agrees that the Town may, at any time, authorize the use of all or any part of any Maintenance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement, by the due date of the invoice for such costs. 3.9 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Town the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Town is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works; and (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. 3.10 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; (3) the Town has received the as-built drawings for such Works; and (4) the provisions of Schedule "G" Paragraph 5 "External Works" has been completed to the satisfaction of the Director of Public Works. 3.11 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 words "at the expense of the Owner" unless the context Qtherwise requires. (2) The Owner, upon the execution of this Agreement, shall reimburse the Town as needed 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 Ontario Municipal Board Hearings when referred by a third party for the draft approval of Subdivision 18T-87054 and amendments of the Town's By-law 84-63 in respect of the said Lands. ~ , .'" " ~ i!? lo." 'I (J T {I~' .(3) The Owner shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement, and the legal services: contemplated by the terms of the 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 inspections costs in accordance with the provisions of Schedule "R" hereto. (6) In consideration of Subsection (3) as described above, the Owner shall pay to the Tqwn $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. 3.12 UNPAID CHARGES The due date of any sum of specified, shall be thirty be payable by the Owner to not paid on the due dates. charged on outstanding tax money payable herein, unless a shorter time is (30) days after the date of the invoice. Interest shall the Town on all sums of money payable herein, which are The interest penalty charges will be the same rate as balances. '/ 1'1 f 1 ' , ~ t\ \.J.; ~ i . . , " 4. PLANNING 4.1 APPROVAL OF LANDSCAPING PLANS Applicants will be required to submit landscape plans as part of the site plan review process as outlined in Section 4.4 of this Agreement and must comply with the following minimum basic requirements: (a) all lots are to be sodded within one (1) year of occupancy of the buildings located thereon. (b) tree species to be specified and must be a minimum of 3.5 metres in height and 6 em in caliper, staked and bagged, and must be planted within two (2) years of occupancy of buildings. (c) location of fencing to be along the boundaries of reverse lot frontages. (d) type, colour, material and design of fencing must be detailed in drawings and form part of the landscaping plans as required by the Director. 4.2 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. 4.3 LANDS UNSUITABLE FOR BUILDING The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "N" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Directors of Planning and Public Works and/or any other authorities having jurisdiction. The Owner further agrees to maintain these lots or blocks in a condition acceptable to the Director of Planning.. 4.4 LANDS REQUIRING SITE PLAN APPROVAL 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. 4.5 REQUIREMENTS FOR BUILDING PERMITS Neither the execution of this Agreement by the Municipality nor the approval by the Town of the Plan for registration, nor the issuance by the Town of any Certificate of Acceptance shall be deemed to give any assurance that building permits when applied for will be issued in respect of any of the said Lands. The Owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (1) all easements for Utilities or drainage, or other purposes across the lot or block in respect of which a building permit is proposed to be issued have been transferred to the Town; and (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the complete base course of asphalt, to the written approval of the Director unless otherwise approved by the Director; and (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 ~~ . ~ , , , ' If ./ o 'J', 'I (4) all of the Utilities required to be constructed and installed pursuant to Schedule "H" have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities. Alternatively, the Town has received written confirmation from such authorities that sufficient financial securities have been received to cover the design and installation of same; and (5) the Owner has provided the Director of Planning with a mylar copy of the registered plan of this subdivision; and (6) if the application for a building permit is in respect of any lot or block set out in Schedule "N" the Owner has fulfilled the conditions with respect to the lot(s) and block(s) as set out in Schedule "N" as required by Paragraph 4.3 of this Agreement; and (7) 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 4.4 of this Agreement; and (8) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing; and (9) the Applicant has submitted, as a component of the site plan agreement, 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; and (10) 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 lot and road pattern proposed on the said Lands, as well as all future uses for lands abutting the said Lands as identified by an approved Official Plan or an approved draft Plan of Subdivision; and (11) (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 (12) the Owner or his agent will review and provide Certification as required in Paragraph 4.6 of this Agreement; and (13) the Owner has satisfied the requirement of Paragraph 4.9 (Special Conditions) of this Agreement. 4.6 ARCHITECTURAL CONTROL (1) The Owner shall retain a Consultant to provide the Town an Architectural Control Certification that would ensure: (a) a variety of architectural styles; (b) compatibility between building masses; (c) harmony in colour of external materials; "1, " . . If' Rr tY (d) visual variety and streetscape treatment. (2) The Owner acknowledges that the Town will not issue any building permit until such time as the Owner's Consultant provides the Town with a Letter of Certification that the objectives referred to in Paragraph (1) have been achieved. 4.7 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 covenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its obligations under this Agreement; and (4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing; and (5) the Owner has inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligations set forth in this Agreement, and more particularly, Section 5.27 in respect of obligations of subsequent owners. 4.8 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 building or other structure, the Owner shall not permit any building on the said Lands to be occupied 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 water ditches required to be constructed and installed to service such building have 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; and (6) the building has received site plan control approval from the Town of Newcastle; and v:f4 ",-, ~ , ' . I l " f{ 11 (7) the building has received all final inspections required pursuant to the Building Act and/or the Plumbing Code. 4.9 (1) SPECIAL CONDITIONS The Owner agrees to comply with the Requirements of Other Agencies as set out in Schedules "Q" and "U" hereto. (2) Prior to final approval, the Owner shall be responsible for initiating an application for the closure and conveyance of the Simpson Avenue Road Allowance abutting Block No. 1 on 18T-87054, in accordance with the Town's Road Closure Policy. 0Mr r/ ;13 ~.4' . ," . . ',' 4ft {c6 5. PUBLIC WORKS 5.1 TOWN WORKS REQUIRED The Owner shall be responsible for the construction and installation of the services 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 rem~in 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 I Owner shall be responsible for entering into agreements with the appropriate Pub+ic Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as mor~ particular,ly referred to in Schedule "H". 5.3i OWNER'S ENGINEER The iOwner shall retain a Professional Civil Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owner's Engineer", to ~dminister 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 pro~ided herein, have received the written approval of the Director for all drawings of all the Works hereinafter called the "Engineering Drawings". If no condtruction 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- app~oved 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 exi$ting drainage pattern on all adjacent lands, all proposed grading and drainage works for the said Lands, indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said lands to the municipal storm water ditches or any other outlet approved 'by the Dir~ctor. This Grading and Drainage Plan shall be approved and signed by the Dir~ctor 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 app~oval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for re-approval and revision, if required by the Director and no such work shall be done unless in accordance with the said revised and re-approved drawings. 5.7! STAGING OF CONSTRUCTION Prior to commencement of works, at the discretion of the Director of Public Works, the iOwner shall prepare and submit a Phasing Plan. If the Owner wishes to con~truct 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 pla~ hereinafter called the "Staging Plan" which divides the Plan into stages for the :construction, installation and maintenance of the Works and Utilities. ~J ',' tR tq ~", ,- . , , . 'The Owner shall not proceed until such Staging Plan has been approved by the 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 subsequeptly 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 Wbrks, 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 const~uction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J" hereto. 5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, hereinafter called the "Authorizat.ion to Commence Works". The Owner shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) the Plan has received final approval from the Region; and (2) the Plan has been registered; and (3) the Owner has delivered a registered copy of this agreement and copies of the Plans and Agreements as required by paragraph 2.2 of this Agreement; and (4) the Owner has paid to the Town any outstanding charges against the said lands required by paragraphs 3.1 and 3.2 of this Agreement; and (5) the Owner has conveyed to the Town any easements as required by paragraph 2.3 of this Agreement, and such easements have been registered; and (6) the Owner has conveyed to the Town any lands and paid any cash as required by paragraphs 2.4 and 3.3 of this Agreement, and any cash conveyance has been registered; and (1) the Owner has delivered letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stating that satisfactory agreemen.ts have been entered into for the design and installation of the Utilities as required by paragraph 5.2 of this Agreement; and (8) the Owner has appointed an Engineer as required by paragraph 5.3 of this Agreement; and (9) the Owner has received the written approval of the Director for the Engineering Drawings as required by paragraph 5.5. of this Agreement; and (10) the Owner has received written approval of the Director for the work more particularly referred to in Schedule "G". ~ . .4 . , ' ~ w ...~ . (11) the Owner has received the written approval of the Director of the Grading iand Drainage Plan as required by paragraph 5.6 of this Agreement; and (12) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 5.8 of this Agreement; and (13) 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 (14) 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 3.4 of this Agreement and paid all cash contributions, due to the Town, as required by Schedule "D" and "J"; and (15) the Owner has deposited with the Town any policies of insurance as required by paragraph 3.6 of this Agreement; and (16) , the Owner has paid all Town costs as required by paragraph 3.11 of this Agreement as of the date of the issuance of the Authorization to Commence Works; . and ' (17) the Owner has paid all costs due to the Town for oversizing and external services as required by paragraph 5.26 of this Agreement; and (18) the Owner has received the written approval of the Director pursuant to the provisions of Paragraph 5.18. (19) 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, 12, 13, 14, 15, 16 and 18 of this Clause have been satisfied. No Certificate of Acceptance of the work, as referred to in Clause 5.24 of this Agreeme~t, shall be issued by the Director, until the Plan has been registered and all othe!r requirements relevant to the Certificate of Acceptance have been met. The conSitruction 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 caus~ of action resulting from the construction or installation of any of the work as ~ay be undertaken pursuant to this Clause. 5.11 INSPECTION AND STOP WORK ; 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, inl3pect 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 satisfac~ory to the Town or in the event the financial guarantees, required pursuant: to this Agreement, are not maintained in good standing. 5.12 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 Engineer~ng Drawings shall be permitted unless such variation is authorized in writing py the Director. All construction on the said Lands shall be carried out in accordance with the regulations for construction as set out in Schedule "L" hereto. i 5.13 SEQUENCE OF CONSTRUCTION AND INSTALLATION The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to const~uct and install all of the Works continUOUSly and as required by the approved; Schedule of Works. o;~ , "-1 ._~-'. \ j . " " . 5.14 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION ~ t--( The Owner shall, within two (2) years or the date of the issuance of an Authorization to Co.mmence Works, complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the rinal coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. 5.15 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. 5.16 INCOMPLETE OR FAULTY WORK (1) If, in the opinion of the Director, the Owner is not executing or causingito 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 ~art 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 or 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 opiqion of the Director may default in performance under this Agreement, then in any $uch case the Director on the authority of the Council of the Town may notify the Owner and his surety in writing of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period or time fas 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 complet~on of such work at the cost and expense of the Owner or his surety, or both. ~n cases of emergency, in the opinion of the Director, such work may be done without iprior notice, but the Owner shall forthwith be notified. The cost of such work sh~ll be calculated by the Director, whose decision shall be final. It is understdod and agreed that the total costs shall include a management fee of thirty (30%) percent of 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 or the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Ag~eement. (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 de~ault and if the Owner fails to satisry 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 Performapce or Maintenance Guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the Director reinstate the Performa,nce or Maintenance Guarantee to the full value required under the terms of the Agre[ement. 5.17 ENTRY FOR EMERGENCY REPAIRS The Owneir 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. ~J '"" ~ :iii tY '" :~ . 5.18 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS (1) The Owner agrees to pay the cost of repairing any damage to any services which, without limiting the generality of the foregoing, shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the Lands or the construction or installation of the Works on the Lands which are required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or authorities responsible for such services. The Owner further agrees to pay the costi 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. (2) The Owner agrees that prior to the commencement of, during the period of construction or installation of the Works and until the expiry of the period of required maintenance of the Works on the Lands provided by Section 5.22 of the Agreement, he will cause to be carried out, at his expense, the approved ground water mdnitoring program (the "Monitoring Program") around the perimeter of the Lands. iThe Monitoring Program shall be implemented by a qualified hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist first is approved by the Director. The ground water monitor~ng program shall include the number, location, frequency and method of observation of the piezometric observation wells as well as such other matters as the Director considers appropriate. It shall be prepared and recommended to the Directon by the Hydrogeologist for the Director's consideration and approval. After t~e ground water monitoring program is approved by the Director with or without such modifications as he may consider appropriate, it shall be the Monitorfng Program for the purposes of this Agreement. I (3) . For the. duration of the Monitoring Program, the Owner agrees to cause the Hyd~ogeologist, at no cost to the Town, to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the Owner also will cause the Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or in implementation of the Monitoring Program. Forthwith following t,he completion of the Monitoring Program, . the Owner will cause the Hydrogeologist to provide to the Director, at no cost to the Town, a copy of all data collected and all analyses and reports made by the HydrogeQlogist in connection with or in implementation of the Monitoring Program which previously have not been provided to the Director pursuant to this Section 5.18, together with a certificate of the Hydrogeologist, in a form satisfactory to the Town Solicitor that all the data, analyses and reports required to be provided to the Director by this Section 5.18, have been provided to him. In addition to the for~going, the Owner agrees to cause the Hydrogeologist to prepare separate reports,' to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Town, and to deliver the same to the Director, at no cost to the Town, fqrthwith after each of them is completed. (4) The Owner agrees that, if after considering a report thereon from the Director in this regard, Council determines that the well or private water supply of any person outside the Lands is interfered with or dewatered as a result of the construdtion or installation of the Works: (a) where the interference to a well or private water supply is short term duration (i.e during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or (b) where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference, as may be required by Council. ~1 ,'4 '.~ " ~ tb ...... >; fl' <(5) If the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, the Owner agrees that forthwith after such notice is given, he will cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as Council after considering a report thereon from the Director decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs his obligation under Paragraph 5.18 (4), as the case may be. 5.19 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. I 5.20 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; and (c) er,ect 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 road~ays 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 5.17 or subparagraph (2) of this paragraph, shall not in any way constitute approval or assumption of the road and the road shall not be deemed to have been assumed until a Certificate of Acceptance has been issued. 5.21 REQUIREMENTS FOR CERTIFICATE OF COMPLETION The Owner agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) Such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the latest version of the Engineering Drawings approved by the Director; and (2) The Town is satisfied that, in respect of the construction and installa~ion of all of the works authorized by such Authorization to Commence Works, there are no outstanding claims relating to such Works. 5.22 PERIOD OF REQUIRED MAINTENANCE OF WORKS The Owner shall from the date of issuance of a Certificate of Completion maintain all of tre Works covered by such Certificate of Completion for a minimum period of two (2) years and would terminate on the date of the Certificate of Acceptance of said Works as referred to in Paragraph 5.23. ar:J . . " ~ t-k ',.... li_. '.1 ?23 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE The Owner agrees th~t any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.22 of this Agreement. 5.2lt OWNERSHIP OF WORKS BY TOWN The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Town and the owner shall have no right or claim thereto, other than as an Owner of 'land abutting a road in which such Works are installed. 5.25 REQUIREMENTS FOR CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2) and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release shall not be issued until: (1) (2) Certificates of Acceptance have been issued for all of the Worksj and 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 j 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 or 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. 5.26 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (1) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Town agrees that upon a developer of lands putside 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 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 lIP" 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 calendar year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2%). (2) In the event that payment is required to be made under this paragraph by the Town before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized or External Services. ., ~J ." . . I ~ t.:'1l . . . " . . (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 as described in paragraph (1) above, 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. 5.27 RESPONSIBILITY OF SUBSEQUENT OWNERS Even after the issuance of the Certificate of Release the registered owner of each lot or block on the Plan shall have the sole responsibility for the fOllowing: (1) The registered owner shall be responsible for providing and maintaining adequate drainage of surface waters from such lot or block in ac60rdance with the approved lot grading and drainage plans referred to in Paragraph 5.6 herein~ (2) The registered owner of a lot or lots within the Plan, shall be responsible for compliance with the terms of Paragraph 4.5 "Requirements for Building Permits" of this Agreement if, at the time, a Certificate for Release is issued, no building permit has been issued for such lot or lots. (3) The registered owner of a lot or lots within the Plan, shall be responsible for the maintenance of fencing required pursuant to Draft Condition No. 20 on Schedule "S" and Schedule "U" to this Agreement. (4) The registered owner of a lot or lots within the Plan shall be responsible for the maintenance of the roadside ditch along the frontage of his property. WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ?1M''11 5~ CLERK CARHOLME INVESTMENTS LIMITED ~=------- ------------------------ EXECUTIVE VICE PRESIDENT i \ c:\ \2:, LHr4\Z.1} ~E:o--r--rk1J- '. ' . I.. . , . . I} ~ -zp SCHEDULE "A" . IwJk IfJ THIS SCKEDULE IS SCHEDUL~~ioto the Agreement which has been authorized approved by By-law No. ~-44 of the Corporation of the Town of Newcastle and passed the, ~ day of ~~ \;a~ - J ~ ^1 ~~ LEGAL DESCRIPTION OF SAID LANDS and enacted That Part of Lots and 8 and 9 in the Broken Front Concession in the Town of Bowmanville, now in the Town of Newcastle, Regional Municipality of Durham and being designated as Parts 1 to 21, both inclusive, on a Plan of Survey of Record in the office of Land Titles at Bowmanville as 10R-2191. Subject .to a right of way in favour of Ontario Hydro over the said Part 27 on Plan 10R-2191 for the purposes as set out in Instrument No. 17979. Subject to an easement in favour of Ontario Hydro over the said Parts 25 and 26 on Plan 10R-2197 for the purposes as set out in Instrument No. 10261. Subject to an easement in favour of Ontario Hydro over said Parts 18, 19, 20, 21 and 22 on Plan 10R-2197 for the purposes as set out in Instrument No. 5949. Subject to an easement in favour of Ontario Hydro over said Part 21 on Plan 10R- 2197 for the purposes as set out in Instrument No. 15158. Subject to an easement in favour of the Regional Municipality of Durham over said Parts 2, 9, 11, 12, 15, 16, 19, 20, 23, and 24 on Plan 10R-2197 for the purposes as set out in Transfer No. 1414. Subject to an easement in favour of the Regional Municipality of Durham over Parts 3, 13, 17, 18, 25 on Plan 10R-2197 for the purposes as set out in Transfer of Easement 6241. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, ~EALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION OF NEWCASTLE CLERK CARHOLME INVESTMENTS LIMITED ~='------------------------------- EXECUTIVE VICE PRESIDENT ~ .t-l ..,. ~\ I l,.,l " l~fkULE "B" THIS SCHEDULE IS SCHED~L ". to the A~ent which has been authorized and - 0. approved by By-law No. -of the Corporation of the Town of Newcastle, enacted and passed the ~ day of 4P~ 11~ 4 ~ ;J3- ~ ~~ ~ PLAN OF SUBDIVISION I i '." iiEI I I I ~I 111!t I.!i '11 z 3>.. ~ lli'l f, I I C 11 i .~I t_ r ~I.~ !~ Ih II!. r ~ I 1-; 9zl'~ =AI I. ,. . 2 ... ici ~i, i-i. ;... il I <( !I". ,"_ 5 ~ 0 15 li~!i ~~B !it I i I . ~ ifl 'of ~OIJ 80S .. 6 !i-i! ; 11.- I- u!,:!i1i:il ~~I~,nU2 ~s \\ ~ "'.. ...., ~.. ----+-- -. I hi g II ! ; it:! . I , I ".f I il m .Unm ~u dU! I m m. nm!! m~m II I ii , I ,I I , Iii ~ ~ i I 'Il t Iii I I,d Ii! Ii ! I', Jill . I i III I I /f 0.. /! ~d\ '~J ~""'~ -.. "L.. Jtl Jl . -.~. , , . . '. ~N WITNESS WHEREOF day and year first corporate seals by behalf. $f.. zst the parties hereto have hereunto set their hands and seals the above written and the parties hereto and hereunto affixed their the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION CLERK CARHOLME INVESTMENTS LIMITED ~--~ ------------- ---------~,-------- EXECUTIVE VICE PRESIDENT " I ,-J ,1. . . . . " ~ 'v0 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "cn i ~~nt which has been authorized and - :~,,-;-.8 0 approved by By-law No.~' of the corp01tion of the Town of Newcastle, enacted and passed the ~ day of AP~ 1r~li ;{~;t3 t/ ~ ~ CHARGES AGAINST SAID LANDS ( 1 ) (2) (3) MUNICIPAL TAXES LOCAL IMPROVEMENT CHARGES DRAINAGE CHARGES (to be paid prior to execution) None None IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, ~EALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TH CORPORATION CLERK CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT '...., 1 -."'''-, I J , 't. 1 " dJt ~ j a3i11 "D" THIS SCHEDULE IS SCHEDUL~~~oto the Agreement which has been authorized and approved by By-law No. ~of the Corporation of the Town of Newcastle, enacted and passed t~~daY Of~ l'1~'j l)nff-~ . ~ DEVELOPMENT CHARGES The Owner shall pay to the Town a contribution of $132,500.00 toward the cost of reconstructing Lake Road from Liberty Street to Port Darlington Road, upon the execution of this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION CARHOLME INVESTMENTS LIMITED t' .. , . " 9- ~( SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 89-80 of the Corporation of the Town of Newcastle, enacted and passed the 8th day of May, 1989. GRANTS OF EASEMENTS TO BE DEDICATED The Owner shall deliver to the Town in a form satisfactory to the Town of the following easements: 1. Turning Circle Easement in favour of The Corporation of the Town of Newcastle (Blocks 20 and 21 on Plan 10M- ) 2. Drainage Ditch Easement in favour of The Corporation of the Town of Newcastle (Parts of Blocks 15, 14, 13 and 12 on Plan 10M- .) 3. Pole Line Easement in favour of The Newcastle Hydro-Electric Commission (Part of Blocks 9 and 14 on Plan 10M- , designated as Parts 1 and 9 on Plan 10R- 4. Drainage Ditch Easement in favour of The Corporation of the Town of Newcastle (Part of 20, 21 and 22, Cubitt's Plan designated as Part 2 on Plan 10R- .) 5. Easement in favour of Ontario Hydro (Part of Blocks 13 and 12, Plan 10M- designated as Parts 5 and 6 on Plan 10R- .) IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CARHOLME INVESTMENTS LIMITED ~,~ --- EXECUTIVE VICE PR8SIDENT '1', t " ';1 ,) ~ -;;1/ j SCHEDULE "F" QMt~ THIS SCHEDULE IS SCHEDU~~~to the A~~nt which has been authorized and approved by By-law No. - of the Corporation of the Town of Newcastle, enacted and passed th4;;;; Ap~ 11~~14 ~ LAND 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 lands: 1 . Lake Road 2. Britton Court 3. Butler Court 4. 0.30 m reserve at eastern limit of Lake Road 5. 0.30 m reserve along westerly side of Block 18 abutting Port Darlington Road and northwest corner of Block 18 at Port Darlington and Lake Road. (2) CASH IN LIEU OF LANDS The Owner shall pay to the Town, as cash in lieu of the dedication by the Owner to the Town of lands for public purposes, the amount of 2 percent (2%) of the market value of the said lands agreed upon as two percent (2%) of $3,620,000.00, upon the execution of this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that beha 1f . SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) OF NEWCASTLE CARHOLME INVESTMENTS LIMITED ~-------------------------------- EXECUTIVE VICE PRESIDENT . ; 't ~ ~;} I ~ .. t \..1- '.1 I j SCHEDULE "G" . ~.d1 THIS SCHEDULE IS SCHEDULE "G" to the A~nt which has been authorized and ^ ^ef.!-;:"o approved by By-law No. ~ of the Corporation of the Town of Newcastle, enacted and pasoed the ~ day of ~p~ YiAAV on* ~ 4 ~ ~ WORKS REQUIRED 1 . ROADWA YS The Owner shall construct and install the following services on the various streets, shown on the Plan as follows: (a) The pavement widths of all streets shall be to the satisfaction of the Director of Public Works. (b) The grading and paving of all streets, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be to the satisfaction of the Director of Public Works. (c) The Owner shall construct storm water ditches on both sides of all streets, to the satisfaction of the Director of Public Works. (d) The Owner agrees to the grading and paving of all driveways in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. (e) The Owner agrees to construct, install, energize and maintain Street Lighting, in accordance with the Town's specifications, on all streets, to the satisfaction of the Director of Public Works. (f) The Owner agrees to the topsoiling and sodding of the storm water ditches to the satisfaction of the Director of Public Works. (g) 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. 2. TEMPORARY TURNING CIRCLES The Owner shall provide and grant easements to the Town for any temporary turning circle(s) required by the conditions of draft plan approval in accordance with the Town's requirements and construct and maintain such temporary turning circles to the satisfaction of the Director of Public Works. Such temporary turning circle(s) shall be shown on the final plans as a block and shall be held by the Town until the extension of Lake Road, at which time the easements shall be released without charge to the owners of the abutting lots. 3. CONSERVATION WORKS In addition to the work required by Schedule "Q", the Owner shall construct, install and maintain certain conservation works within this Plan, such as retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatus, in accordance with the Engineering Drawings approved by the Director of Public Works. 4. LOT GRADING The Owner agrees to prepare a Lot Grading Plan to the satisfaction of the Director of Public Works. ~+rJ I . \ 1 ".' '. , ~ ~ 5. EXTERNAL WORKS The Owner agrees to pay to the Town a contribution toward the cost of improving roads external to the said Lands as set out in Schedule "DII hereto. The Owner acknowledges that said contribution is towards the cost of reconstructing Lake Road from Liberty Street to Port Darlington Road. The Owner acknowledges that the approval of future plans in South Bowmanville, Industrial Park is subject to the determination of contribution towards the reconstruction of Lamb's Road and other roads at the east end of the South Bowmanville Inoustrial Park. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) HE CARHOLME INVESTMENTS LIMITED ~- . ., . " ~ ./ ''7~ -to. .. .. j ~~HEDU E "H" THIS SCHEDULE IS SCHEDULE6"Hedo the A reement which has been authorized and approved by By-law No. ~ of the Corporation of the Town of Newcastle, enacted and passed the U day Of~~ li~'~ Q)'\\-t ;(3 ~ ~~ 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 secondary electrical services between the street and any buildings are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services between the street and any buildings 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. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said Lands, in the location as approved by the Director. J~ ~ '. . . . " ~ ?p IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION HE TOWN OF NEWCASTLE CARHOLME INVESTMENTS LIMITED /"1---' --------"e- EXECUTIVE VICE PRESIDENT , , \-..... j . " 7fI ~7 <j .. SCHEDULE "I" j~;t3 THIS SCHEDULE IS SCHEDULE~~;.to the Agreement which has been authorized and approved by By-law No. ~ 01 the corpojFtion of the Town of Newcastle, enacted and passed the ~day Of-AP~1i~~ 4 ~;;t3 1\f'1'2, \'Y11l- . DUTIES OF OWNER' S ENGINEER 1. DESIGN W~AND PRIVATE WORKS The Owner's Engineers shall prepare the following for the approval of the Director: (a) (b) (c) (d) (e) the Engineering Drawings; the Grading and Drainage Plan; the Schedule of Work; the Staging Plan; the Works Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. 2. REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer shall act as the Owner's representative in all matters pertaining to the construction and installation of the Works and shall cooperate with the Town to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT INSPECTION The Owner's Engineer shall provide fully qualified inspection staff to provide continuous inspection service during all phases of the construction and installation of the Works and to perform the following: (a) provide control information to permit contractor to layout the work; 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 coordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director; and (e) investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-Constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. 5. PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress the construction and installation on a monthly basis, or at such other interval as approved by the Director. '00- 113 V l I .. i ~ . . ' , ' .'. " ,6. PREPARE AS CONSTRUCTED DRAWINGS ~ ~1 The Owner's Engineer shall prepare the As-Constructed Drawings for the approval of the Director. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporat~ seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) E CORPORATION OF CLERK CARHOLME INVESTMENTS LIMITED ~~----------------------=----~---- EXECUTIVE VICE PRESIDENT .1'. I'..t- I . . ~ ~q j ~EDULE "J" THIS SCHEDULE IS SCHEDU~oto the Ag~t which has been authorized and approved. by By-law N.O. of the cor~)ratio~,~. f the Town of Newcastle, enacted and passed the J ~ day \ ~~ ~~ 1~~~'.<f ~\n)l3 ^1 ~~ ~ COST ESTIMATES ESTIMATED COST OF WORKS (including final grading, Granular bases, asphalting, ditches, sodding and boulevards) ROADS $985,835.00 TOTAL ESTIMATED COST OF SERVICES $985,835.00 The above amount includes the complete reconstruction of the Lake Road, Port Darlington Road proposed intersection. The Performance Guarantee has been based on Preliminary Estimates only, and, when the final EngineeriQg Drawings have been approved by the Director of Public Works, a revised Cost Estimate of the Works, shall be prepared by the Owner's Engineer and submitted to the Director for approval. This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT .. ,,"^}.. I I 1Y 10 . ~ j ~\~E uK" THIS SCHEDULE IS scaED~~,~oto the Agreement which has been authorized and approved by By-law N..O. 'of the corpor1tion of the Town of Newcastle, enacted and passed the ~day of Ap~1r~~1 ~ ~m ^' ~~INSURANCE POLICIES REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipal Treasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damages or claims for damages for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; and (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively, and (c) any injury to any person or persons including workmen employed on the said Lands and the public; and (d) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and (e) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (f) 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.oq 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 occurrence of property damage. The issuance of such policy or policies of insurance shall not be construed to relieve the Owner f~om responsibility for other or larger claims for which it may be held responsible~ 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limi tat ions 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. 'r ~J .. " ,,"'" 1 . .4. COVERAGE FOR BLASTING N{Y AI Prior to authorization by the Director to permit blasting operations as required in Schedule "L", 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 WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT '.. " ,...1- '~ ;; f' ~ 4V . , SCHEDULE "L" THIS SCHEDULE IS SCHEDULE "~ot~t~~t which has been authnrized and approved by BY-laW..No. .aiel"" of the corpoyation. of the Town of Newcastle, enacted and passed the 1--ttff day of -April 19880 A4 ~ ~ ~ ~ RE':!A~;~l FOR cONs~fcnloN 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director, permission to carry. out the blasting operation. 2. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands without the approval of the Director of Public Works. 3. DUMPING OF FILL OR DEBRIS The Owner agrees to. neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed any fill from any lands to be dedicated to the Town other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be disposed of in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. The Owner agrees to deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. 5. QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Town may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed. 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 duri~g the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. 7. MAINTENANCE OF INTERNAL ROADS The Owner shall, prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, remove any contamination of the granular base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Similarly, the Owner shall, prior to the placement of the surface of asphalt of any road required to be constructed under this Agreement, clean the base course of asphalt and repair and replace such base course where necessary. -; Il3 i.. I, ..;"4 " . ~ '. ~ ~ ,Until the internal roads are assumed by the Town, the Owner shall maintain all internal. roads in a condition acceptable to the Director, and shall ensure these roads are free of dust and mud. 8. WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director at the Director's request. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION CLERK CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT .,... . . ... ,,", ',. ~ ~ '. j~ THIS SCHEDULE IS SCHEDU~~~ to the Agreement which has been authorized and approved by By-law No. ~ ~f the Corporation of the Town of Newcastle, enacted and passed the} ~ day of t'l3~ I~~~'~'" / ~ ~ ^f ()Il\\-~ USE OF^tAID LANDs'~ The owner agrees that the said Lands shall not be used for any purpose other than as set out in the following table: LOT OR BLOCK NUMBER ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- LAND USE Blocks 1 - 9 and Block 18 Blocks 10-17 Light Industrial (M1) as per By-law 84-63 as amended from time to time General Industrial (M2) as per By-law 84-63 as amended from time to time IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence or: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION OF .p"!E TOWN OF NEWCASTLE CLERK CARHOLME INVESTMENTS LIMITED ~-----------------------_..._------ EXECUTIVE VICE PRESIDENT 1)..0; . > ..... " 4r 45 1~J3 "N" THIS SCHEDULE IS SCHEDUL~~~oto the Agreement which has been authorized and approved by By-law No. ~of the corpOrjtion o. f the Town of Newcastle, enacted and passed thj '8f3:. day of Ap~ 1 f1Sg;, q ()"p\\ ~ A(~~ LANDS UNSUITABLE FOR B~G The Owner agree,s 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 Blocks 1, 2, 3, 4, 5, 7 and 8 Blocks 1 to 18 inclusive A minimum setback of 14 m for all buildings from the Highway 401 right-of-way is to be observed, as per Ministry of Transportation specifications. The conditions of the Central Lake Ontario Conservation Authority as outlined in Schedule "Q" hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) F THE TOWN OF NEWCASTLE CLERK CARHOLME INVESTMENTS LIMITED # \.~~, ,,-; , ~ , ~ A? I ~ED~"O" THIS SCHEDUcE IS SCHED~~ to the Ai(~nt which has been authorized and approved by By-law No. - &t the corpOjation of t.he Town of Newcastle, enacted and passed the ~day of .^.f)~ 11~~ 4~ ~ ~ ~ cANDS REQUIRING SITE PcAN APPROVAc The OWner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a site plan agreement has been entered into with the Town and the Building Permit complies in all respects with the terms of the site plan agreement. ~ -------~----------.---------------------------------------------------------------- Blocks 1 to 18 on Draft Approved Plan of Subdivision 18T-87054 LOT OR BLOCK NUMBER IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT ~\... ". ~. . " , ~ 47 J ~i/3E"P" THIS SCHEDULE IS SCHEDULE :f~'~bo the Agreement which has been authorized and approved by By-law No. ~of the Corporation of the Town of Newcastle, enacted and passed th~/~da -.^.JlrH 1~~~ d ~ ~ OVERS~ED SER HE REIMBURSEMENT FOR THE OVERSIZED SERVICES 1. STORM DRAINAGE The oversized services herein consist of channelization and tunnelling works as defined in the Agreement dated 18 July 1986 between MEMPHIS HOLDINGS LIMITED, a company duly incorporated under the laws of the Province of Ontario, and CARHOLME INVESTMENTS LIMITED, a company duly incorporated under the laws of the Province of Ontario; and OCEANFRONT DEVELOPMENTS LIMITED, a company duly incorporated under the laws of the Province of Ontario; and PLASTICS LAND PARTNERSHIP, a partnership of VESELINOVIC CHILDREN'S TRUST, 661041 ONTARIO LIMITED and PLASTICS GROUP TECHNOLOGIES INC.; and ANZELDA HAAS, BETTY WAISGLASS, SYDNEY SHOYCHET, JOSEPH AND ANZELDA HAAS, trustees of the Betty and Abraham Waisglass Children's Trust, and Sydney and Helen Shoychet, trustees of the Helen and Sydney Shoychet Children's Trust or as required and approved by the Director. In accordance with Section 5.26 of the Agreement, the Town agrees to make every effort to collect and reimburse the Owner, twenty-nine decimal five five percent (29.55%) of the cost of the storm drainage works from developments north of Highway 401 and east of Lamb's Road which will discharge storm water into Bennett Creek and which have not contributed to the construction cost of these storm drainage works. As the funds are collected by the Town, the Town agrees to reimburse the Owner in the same proportion the Owner has contributed to the construction cost, which is calculated to be 49.14%. The estimated total construction cost of these storm drainage works is $784,500 including engineering fees. The above figure represents the estimated construction cost based on the engineering drawings as outlined in Schedule "G" and approved by the Director of Public Works. Upon completion of the construction for the storm drainage works, the above estimated cost shall be updated to reflect the "as constructed" costs and SUbsequently be approved by the Director of Public Works. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf . SIGNED, SEALED AND DELIVERED In the p~esence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CARHOLME INVESTMENTS LIMITED ~"_... -------------------------------- . , . , " tfK 4 'tw."1' -.. . j ~ULE "Q' THIS SCHEDULE IS SCHEDULE "Q" to the Ag~t which has been authorized and approved by By~law No. ~8~~J} the Corporation of the Town of Newcastle, enacted and passed th? M da~ of ""'&i i1~.,j * 43 .<{ ~~ CONsdvATION AUTHORITY'S WORKS 1. The Owner shall not cause any grading, filling or construction to oCCUr on the site without the written approval of the Central Lake Ontario Conservation Authority. 2. Prior to final approval of the plan, the culvert within the Canadian National Railway embankment immediately to the east of the site shall be upgraded to the satisfaction of the Central Lake Ontario Conservation Authority. 3. Prior to final approval, the Owner shall obtain Central Lake Ontario Conservqtion Authority approval of a hydraulic analysis of the respective watershed, given current official plan designations. This report shall determirte existing and post-development flows, flood elevations and velocities for the 2, 5, 10, 25, 50 and 100 year floods for the entire watercourse in question, and propose solutions for any erosion and/or changes .in flow regimes downstream of the Canadian National Railway which are attr;ibutable to the development of the South Bowmanville Industrial Park, which includes plans 18T-81054, 18T-81055 and 18T-81056. 4. Prior to final approval, the Central Lake Ontario Conservation Authority is to advise the Region of Durham that those arrangements needed to effect remedial measures, as noted in condition 3, and any maintenance easements are in place to the Authority's satisfaction. 5. (a) That prior to any grading, filling or construction on any lots: (i) the Owner agrees to implement, to the satisfaction of the Central Lake Ontario Conservation Authority, downstream erosion control and measures to ensure its maintenance; (ii ) to upgrade the culvert beneath the Canadian National Railway, carry-out creek channel works and place fill to effect floodproofing, to the satisfaction of the Central Lake Ontario Conservation Authority; (iii ) to obtain Central Lake Ontario Conservation Authority approval of detailed block development plans which include details of storm detention, drainage and major overland flow rou ting. (b) the Owner agrees that prior to applying for a building permit for any of.blocks 1, 8, 9, 10 and 11, the Central Lake Ontario Conservation Authority shall be provided with a professional engineer's verification that the works noted in part (i), (ii), and (iii) above have been carried out in accordance with approved plans, and that as a result of Part 1 (ii), no portions of any of the blocks noted in this condition are prone to flooding under post-development design storm conditions; (c) the Owner agrees that all site grading and storm drainage for the site shall be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority; and 6. That prior to final approval of this proposed plan, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by the Central Lake Ontario Conservation Authority, how conditions 1, 2, 3, 4, 5(a), 5(b) and 5(c) have been satisfied. ;:J 'l ~~" - , . I>f Aq . IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION OE THE TOWN OF NEWCASTLE CLERK CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT 1, .... l..... . M !P la;;r;J "R" THIS SCHEDULE IS SCHEDULE "~'~bo the Agreement which has been authorized and approved by BY-lawNo.~~of the cor7jor tion of the Town of Newcastle, enacted and passed t~e j...tt1r day of ~~ 1988. ~ I i ~ ~ . I 1"1~' 0 I trlfi-J NGINEERING AND INSPECTION FEES FOR DEVELOPMENT Estimated ( Schedule orks Up to $100,000.00 $100,000.00 TO $500:,000.00 $500,000.00 to $1,000,000.00 $1,000,000.00 to $2~000,000.00 $2,000,000.00 to $3,000,000.00 $3,000,000.00 to $4,000,000.00 Fees 4% to a MAXIMUM OF $4,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $17,500.00 or 3% of the estimated cost of services - whichever is greater $30,000.00 or 2.5% of the estimated cost of services - whichever is greater $50,000 or 2.25% of the estimated cost of services - whichever is greater $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 IIJ" 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. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that beha If . SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) OF THE TOWN OF NEWCASTLE CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT ," "- . ~ :S( , . SCHEDULE "S" j~;f3 THIS SCHEDULE IS SCHEDU~~cro the Agreement which has been authorized and approved by By-law No. - of the CorpoJation of the Town of Newcastle, enacted and passed the r::::k day of ~~ 190Er. AI ~~ <I~~ON'S.~;Nbi~fZNS OF DRAFT PLAN APPROVAL 1. That this approval applies to draft plan of subdivision 18T-87054, prepared by Inducon Consultants of Canada Limited, identified as Drawing No. 4027-SK- 40, revised and dated March, 1989, as revised in red to show 18 industrial blocks and one block for future development of a highway interchange. , 2. That the road allowances included on this draft plan shall be dedicated as public highway. 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 appropriate sight triangles be conveyed to the Town of Newcastle. 5. That the owner shall convey land to the Town of Newcastle for park or other recreational purposes in accordance with the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 6. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authority. 7. 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. 8. That the owner shall no cause any grading, filling or construction to occur on the site without the written approval of the Central Lake Ontario Conservation Authority. 9. Prior to final approval of the plan, the culvert within the Canadian National Railway embankment immediately to the east of the site shall be upgraded to the satisfaction of the Central Lake Ontario Conservation Authority. 10. Prior to final approval, the Owner shall obtain Central Lake Ontario Conservation Authority approval of a hydraulic analysis of the respective watershed, given current official plan designations. This report shall determine existing and post-development flows, flood elevations and velocities for he 2, 5, 10, 25, 50 and 100-year floods for the entire watercourse in question, and propose solutions for any erosion and/or changes in flow regimes downstream fo the Canadian National Railway which are attributable to the development of the South Bowmanville Industrial Park, which includes plans 18T-87054, 18T-87055 and 18T-87056. 11. Prior to final approval, the Central Lake Conservation Authority is to advise the Region of Durham that those arrangements needed to effect remedial measures, as noted in condition 10, and any maintenance easements are in place.to the Authority's satisfaction. 12. 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 p~an which are required to service such plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within ten limits of the plan which are required to service other developments external to this 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 completed to the satisfaction of the Region of Durham prior to final approval. ;il -)'. ~ ~~ .~ . . 13. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town fo Newcastle. This shall include, among other matters, the execution of a subdivision agreement between the owner and the Town of Newcastle, concerning the provision and installation of roads, services and drainage, and other local services. 14. 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 for thee proposed plan of subdivision. 15. That prior to final approval 0 the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a subdivision agreement between the owner and the Region of Durham concerning the provision and installation of sanitary sewer, water supply, roads and other regional services. 16. That the Owner shall submit to Ontario Hydro, for review, a lot grading and drainage plan illustrating existing and final grades. 17. That the owner shall bear all costs of any locations or revisions to Ontario Hydro facilities that are necessary to accommodate this plan of subdivision. 18. That the Owner shall protect and maintain the easement rights of Ontario Hydro tq the satisfaction of Ontario Hydro. 19. That the Owner shall submit to Canadian National Railway, for review and approval, a grading plan and drainage report detailing any proposed alterations to the existing drainage pattern that may affect property owned by Canadian National Railway. 20. That the Owner shall install and maintain a m1n1mum 1.8 m high chain link fence along the mutual property line with Canadian National Railway'S property, the cost of which is to be borne by the Owner. 21. That the Owner shall register a clause on the title of each lot that abuts Canadian National Railway's property that sets out the prospective purchaser's responsibility to maintain the chain link fence in the long term. 22. That the Owner shall ensure that the requirements of the Ministry of Transportation of Ontario regarding building setbacks from said Ministry's property are met to the satisfaction of the Ministry. 23. That the new subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: (a) That prior to any grading, filling or construction on any lots: i) the Owner agrees to implement, to the satisfaction of the Central Lake Ontario Conservation Authority, downstream erosion control and measures to ensure its maintenance. ii) to upgrade the culvert beneath the Canadian National Railway, carry-out creek channel works and place fill to effect floodproofing, to the satisfaction of the Central Lake Ontario Conservation Authority; iii) to obtain Central Lake Ontario Conservation Authority approval of detailed block development plans which include details of storm detention, drainage, and major overland flow routing. (b) The Owner agrees that prior to applying for a building permit for any of blocks 7, 8, 9, 10 and 11, the Central Lake Ontario Conservation Authority shall be provided with a professional engineer's verification that the works noted in parts i), ii), and iii) above have been carried out in accordance with approved plans, and that as a result of part 1 ii), no portions of any of the blocks noted in this condition are prone to flooding under post-development design storm conditions; ~; ~ ~ ~~.( , , I , H 5~ · . (c) The Owner agrees that all site grading and storm drainage for the site shall be carried out. to the satisfaction of the Central Lake Ontario Conservation Authority; and 25. That prior to final approval of this proposed plan. the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: (a) the Town of Newcastle, how conditions 1. 2. 3. 4. 5. 6. 7 and 13 above have been satisfied. (b) Ontario Hydro. how conditions 16. 17 and 18 have been satisfied; (c) Canadian National Railway, how conditions 19, 20 and 21 have been satisfied; (d) the Central Lake Conservation Authority, how conditions 8. 9, 10. 11. 23(a), 23(b) and 23(c) have been satisfied. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto and hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION 0 THE TOWN OF NEWCASTLE CLERK CARHOLME INVESTMENTS LIMITED ~- ----~--------------------------------- EXECUTIVE VICE PRESIDENT . ( .,..j.- II "., } t , ~ /k . It j ~DULE "U" THIS SCHEDULE IS SCHEDUL&.:_~~to the A~nt which have been approved by BY-Iaw.No'~Of the corpOrj.tion of the Town of and passed th~/~... d. ay of A,>pil lt~~i A iJN.\-.a;.1, ~ ~~EQ~MENTS OF OTHER A~S Ontario Hydro I~ authorized and Newcastle, enacted 1. The Owner shall submit to Ontario Hydro, for review, a lot grading and drainage plan illustrating existing and final grades. 2. The Owner shall bear all costs of any relocations or revisions to Ontario Hydro facilities that are necessary to accommodate this plan of subdivision. 3. The Owner shall protect and maintain the easement rights of Ontario Hydro to the satisfaction of Ontario Hydro. Canadian National Railway 1. The Owner shall submit to Canadian National Railway, for review and approval, a grading plan and drainage report detailing any proposed alterations to the existing drainage pattern that may affect property owned by Canadian National Railway. 2. The Owner shall install and maintain a mlnlmum 1.8 metre high chain link fence along the mutual property line with Canadian National Railway's property, the cost of which is to be borne by the Owner. 3. The Owner shall register a clause on the title of each lot that abuts Canadian National Railway's property that sets out the prospective purchaser's responsibility to maintain the chain link fence in the long term. Ministry of Transportation, Ontario 1. The Owner shall ensure that the requirements of the Ministry of Transportation of Ontario regarding building setbacks from said Ministry's property are met to the satisfaction of the Ministry. 2. The Owner agrees to ensure that the Ministry of Transportation of Ontario's requirements for a minimum setback of 14 metres for all buildings from the Highway 401 right-of-way will be met. 3. The Owner shall ensure that all prospective purchaser of lots either abutting lands owned by the Ministry of Transportation of Ontario, or within the Ministry of Transportation of Ontario's zone of influence, through means of a clause in the agreement of purchase and sale, are aware of said Ministry's requirements regarding building setbacks and illumination and sign permits. llAV N3 ... t .#..;.~"'. ...... \, J.. ~ . ,. IN WITNESS WHEREOF day and year first corporate seals by behalf . ~/ ~ the parties hereto have hereunto set their hands and seals the above written and the parties hereto and hereunto affixed their the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION CLERK CARHOLME INVESTMENTS LIMITED EXECUTIVE VICE PRESIDENT . J. i' <II .-' ... ,. f -.' ~ , .. DATED: 1989 BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - CARHOLME INVESTMENTS LIMITED SUBDIVISION AGREEMENT The Corporation of the Town of Newcastle Planning Department 40 Temperance Street Bowmanville, Ontario L1C 3K6 File: 18T-87054 ~ I, .,: ..