HomeMy WebLinkAbout87-155
,
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87- 155
being a By-law to author'ize the enter'ing into of an Agr'eement with Walter'
Schleiss and Raymond Holland and the Cor'por'ation of the Town of Newcastle.
The Counci 1 of the Cor'por'ation of the Town of Newcastle hey'eby enacts as
follows:
1. THAT the Mayor' and Cl ey'k ar-e hey'eby authoY'i zed to execute on behal f of
the Coy'potati on of the Town of Newcastle, and seal with the COy'poy'ation I s seal,
an Agr'eement between Waltey' Schleiss and Raymond Holland and the said
COy'poy'ation dated the day of , 1987, in the form
attached her'eto as Schedule "X".
2. THAT the Mayor' and Cley'k ar-e her'eby authoy'ized to accept, on behalf of
the Town, the said conveyances of lands y'equit'ed puy'suant to the afoy'esaid
Agr'eement.
3. THAT Schedule IIXII attached hereto foy'ms part of this by-law.
BY -LAW read a fir'st time thi s 28th day of September
BY-LAW read a second time this 28th day of September
BY-LAW y'ead a thir'd time and finally passed this 28th'
September 1987
1987
1987
day of
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Document General
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Form 4 - Land Registration Relorm Act, 1984
DYE & DURHAM CO. LIMITED
Form No. 985
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14(,28
(1) Registry 0
(3) Property
Identifier( s)
Land Titles ~ T (2) Page 1 of 5'2 pages q ~
Block Property
~ilional:
Schedule 0
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URTlFICA IE OF RECEIPT
SEP 16 3 3Z PH "89
ASS. DEP. LAND REGISTRAR
NEWCASTLE No. 10 BOWMANVILLE
Not applicable
(6) Description
(4) Nature 01 Document
An application for
Agreement, Section
(5) Consideration
registration of Notice of
74, Land Titles Act
Dollars $
Part of Lot 34, Concession 3
Parcel 34-1, Section Con. 3
Town of Newcastle (formerly Township of
Darlington)
Regional Municipality of Durham
New Property Identifiers
~:itional: 0 being the remainder of the said parcel
Schedule
Executions
Additional:
See
Schedule
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
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! (b) Schedule for:
! Additional
D! Description 0 Parties 0 Other Kl
(8) This Document provides as lollows:
The Corporatiott of the Town of Newcastle has an unregistered interest in
the above lands of which Walter Schleiss and Raymond D. Holland are the
registered owners and hereby apply to have registered an Application to
register a Notice of Agreement dated the 23rd day of August, 1988 between
The Corporation of the Town of Newcastle and Walter Schleiss and
Raymond D. Holland.
Evidence in support consists of: 1. Agreement between The Corporation
of the Town of Newcastle and Walter Schleiss and Raymond D. Holland.
Signature(s) Date of Signature
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( (9) This Document relates to Instrument num.,er(sf
(10) Party(les) (Set out Status or Interest)
Name(s)
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HOLLAND, Raymond D.
(Registered Owners)
(11) Address
for Service
Continued on ScheduleX~
1
17 Swiss Height Drive, Oshawa, Ontario, L1H 7K5
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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,THE. ,CORPORATION. .QF. TH.E ,TOW.N ,OF.,...,...
NEWCASTLE
(13) Address
for Service
40 Temperance Street, Bowmanville,
(14) Municipal Address of Property
(15) Document Prepared by:
Multiple
B. P. STELMACH
BARRISTER & SOLICITOR
292 KING STREET WEST
P.O. BOX 972
OSHAWA, ONTARIO
L1H 7N2
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10174 (12/84)
Ontario, LIG 3AG
I~ Fees and Tax
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... k THIS 'AGREEMENT made in quintuplicate this d3r-ol day of Au..~u..~-t
1988.
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the "TOWN" OF THE FIRST PART,
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WALTER SCHLEISS AND RAYMOND D. HOLLAND
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 constitute 0.70 hectares;
AND WHEREAS the OWner warrants that it is the registered owner of the Lands;
AND WHEREAS the OWner warrants that the Mortgagee is the only mortgagee of the
Lands;
AND WHEREAS the 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 Regional Municipality of Durham, hereinafter called the "Region" to
satisfy the requirements of the Regional Municipality of Durham, financial and
otherwise;
AND WHEREAS the OWner warrants that it has or will enter into an agreement with the
appropriate Public utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of the
utilities referred to in Schedule "H" and hereinafter called "Utilities";
NOW THEREFORE in consideration of the mutual agreements and covenants and promises
herein contained, and other good and valuable consideration, the parties hereto
agree as follows:
L.R.: 26.7.88
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1. DEFINITIONS
In this Agreement:
1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1. 2 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1. 3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1. 6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "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.
1.8 "Commissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 "Minister" shall mean the Minister of Municipal Affairs, Ontario.
1.10 "Town" shall mean Council or any official, designated by Council to
administer the terms of the Agreement.
1.11 "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.
L.R.: 26.7.88
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2. GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) The OWner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest.
(2) The OWner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town pursuant
to the terms of this Agreement.
2.2 COpy OF PLAN AND AGREEMENTS REQUIRED
Subject to paragraph 2.10(3) hereof, the OWner shall, at the time of the execution
of this Agreement, provide the Town with as many copies as the Town requires of the
plan of subdivision for the said Lands, which plan shall be the plan prepared for
approval by the Region. The said plan is attached hereto as Schedule "B" and is
hereinafter called the "Plan". The OWner shall also furnish to the Town at the time
of the execution of this Agreement, one copy of the said Plan containing the stamp of
approval of the Region, and a copy of the subdivision agreement entered into between
the OWner and the Region with respect to the said Plan if such approval and/or
Agreement is in existence at the time of the execution of this Agreement. If the
approval or agreement with the Region is not available at the time of the execution
of this Agreement, the OWner agrees to provide the Town with the Plan with the stamp
of approval of the Region and a copy of the Subdivision Agreement entered into with
the Region, immediately after approval is granted or the agreement signed. The OWner
shall also furnish to the Town at the time of the execution of this Agreement one
copy of each of the agreements entered into with the Public utilities Commission or
other authority or company having jurisdiction in the area of the said Lands for the
design and installation of the utilities, or, if such agreement or agreements are not
in existence at the time of the execution of this Agreement, the OWner agrees to
provide the Town with a copy of each such agreement immediately after such agreement
is signed.
2.3 DEDICATION OF EASEMENTS
(1) The OWner shall, at the time of the execution of this Agreement, or such
later date as may be agreed by the OWner and the Town, but not later than the
registration of the plan, deliver to the Town executed transfers of easements free
and clear of all encumbrances as set out in Schedule "E" hereto.
(2) If, subsequent to the registration of the plan, but prior to the issuance
of a building permit in respect of a lot or block, further easements are required
for utilities or drainage, or other purposes, in respect of any lot or block within
the Lands, the OWner agrees to transfer to the Town such further easements upon
request. The Town shall not unreasonably request such further easements, and in no
event shall a further easement be requested which would prevent the erection of a
dwelling or any such lot or block.
2.4 DEDICATION OF LANDS
The OWner shall, at the time of the execution of this Agreement, or such later date
as may be agreed by the OWner and the Town, but not later than the registration of
the plan, deliver to the Town executed deeds of conveyance, sufficient to vest in
the Town, or where applicable, in any other public authority or person, absolute
title in fee simple, free and clear of all liens, charges, encumbrances and
easements, the lands set out in Schedule "F" hereto. Such conveyance shall include
the dedication by the OWner to the Town of the lands required by the terms of the
Planning Act, as amended, from time to time to be dedicated for public purposes,
other than for highways, unless the Town has agreed to accept cash in lieu of such
lands, as provided herein.
L.R.: 26.7.88
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
The aforementioned deeds and grants of easements shall be prepared by the OWner and
registered at the OWner's expense at the same time as the Plan is registered. In
such deeds and grants of easements the registered number of the plan shall be left
blank and the OWner hereby authorizes the Town to insert such Plan number after
registration of the Plan.
2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
(1) The OWner shall, at the time of the execution of this Agreement, deposit
with the Town a letter from each and every School Board having jurisdiction over
the said lands stating that arrangements satisfactory to each and every School
Board have been made respecting the acquisition of any lands necessary for school
purposes to serve the said lands.
(2) In the event that a School Board which has an option to acquire any lot or
block within the plan and does not exercise its option, the OWner hereby agrees to
notify the Clerk of the Town in writing that the School Board has not exercised
its option and the OWner hereby grants to the Town an irrevocable option to acquire
such lands upon the same terms and conditions as the School Board could have
acquired the property, except that the Town shall exercise the option hereby
granted, in writing, within sixty (60) days of receipt of notification from the
OWner that the School Board has failed to exercise its option and, the purchase of
such Lands by the Town shall be completed within ninety (90) days of the exercise
of its option.
2.7 INTEREST IN SAID LANDS
The OWner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 NOTIFICATION OF 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:
Schleiss and Holland
17 Swiss Heights Drive
OSHAWA, Ontario
LIH 7K5
or such address as the OWner has notified the Town, in writing, and any such notice
mailed or delivered shall be deemed good and sufficient notice under the terms of
this Agreement.
2.9 REGISTRATION OF AGREEMENT
The OWner and Mortgagee hereby consent to the registration of this Agreement by
the TOwn and covenant and agree not to register or permit the registration of any
document after registration of the Plan of Subdivision on any land included in the
said Plan unless this Subdivision Agreement, and any deeds, easements or other
documents required to be furnished thereunder, have first been registered against
the title to the land included in the Plan.
2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT
(1) The OWner agrees that the Town may at its option in the circumstances set
out below on thirty (30) days written notice to the OWner, declare this Agreement to
be subject to renegotiation, whereupon the OWner agrees not to undertake any
construction or installation of any of the Works until this Agreement has been
renegotiated. This Agreement may be subject to renegotiation if:
(i) the Region approves a Plan of Subdivision for the said lands which is
substantially different from the Plan attached hereto as Schedule "B";
or
L.R.: 26.7.88
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(ii) the Plan of Subdivision is not finally approved by the Region and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the OWner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the terms of
this Agreement and any of the Schedules but an amendment shall only be effective if
in writing and executed under the seals and hands of the proper officers of each
party.
(3) The parties hereto acknowledge that at the time of the execution of this
Agreement, only a red lined copy of the plan of subdivision is in existence and all
descriptions in this Agreement and the Schedules annexed hereto refer to the
descriptions in the red line plan annexed hereto as Schedule "B". Upon the final
plan of subdivision being approved by the Minister of Housing the final plan shall
be substituted for the red lined plan annexed as Schedule "B" and all amendments
necessary or requisite shall be made to conform with the descriptions used in this
Agreement and the Schedules (and without limiting the generality of the foregoing,
in particular Schedules "B", "E", "F", "G", "N", "0", "P", and "Q") with the final
plan of subdivision.
2 .11 TOWN TO Acr PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give authorization,
permission or approval, then such action, decision, confirmation, authorization,
permission or approval shall be made promptly and in all respects the Town and its
officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The OWner shall not assign this Agreement without prior written consent of the Town
and no such assignment shall relieve the subsequent owner of any of his obligations
under this agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this Agreement as fully and to all
intents and purposes as though recited in full herein:
Schedule "A" - "Legal description of said Lands"
Schedule "B" - "Plan of Subdivision for final approval"
Schedule "e" - "Charges against said Lands"
Schedule "D" - "Development charges"
Schedule "E" - "Grants of easements to be dedicated"
Schedule "F" - "Lands and/or cash to be dedicated"
Schedule "G" - "Works required"
L.R.: 26.7.88
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Schedule "B" - "utilities required"
Schedule "I" - "Duties of OWner's Engineer"
Schedule "J" - "Cost Estimates"
Schedule "K" - "Insurance Policies required"
Schedule "L" - "Regulations for construction"
Schedule "M" - "Use of said lands"
Schedule "N" - "Lands subject to building restrictions"
Schedule "0" - "Lands requiring site plan"
Schedule "P" - "OVersized and/or External Services"
Schedule "Q" - "Conservation Authority's Works"
Schedule "R" - "Engineering and Inspection Fees"
Schedule "s" - "Region's Conditions of Approval"
2 .14 MORTGAGE
The Mortgagee does hereby postpone his mortgage to this Agreement with the intent
that this Agreement shall take effect as though dated, executed and registered
prior to the mortgage and the Mortgagee covenants and agrees that in the event that
he obtains ownership of the said lands by foreclosure or otherwise, he shall not
use or develop the said lands except in conformity with the provisions of this
Agreement.
2.15 SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of the parties
hereto, its, his or her respective heirs, executors, administrators, successors or
assigns.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Director of planning will recommend to the
Region that the plan be approved for registration.
L.R.: 26.7.88
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3. FINANCIAL
3.1 PAYMENT OF TAXES
The owner shall, at the time of the execution of this Agreement, pay all Municipal
taxes outstanding against the said Lands, as set out in Schedule "e" hereto. The
owner further agrees to pay any municipal taxes which may become due and payable by
it, in respect of any of the said Lands, prior to the sale by the owner of such
lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT eHARGES
The owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as set
out in Schedule "e" hereto. Such charges shall include the Town's share of any
local improvements which serve the said Lands and shall include the commuted value
of such charges including charges falling due after the date of the execution of
this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act,
R.S.O. 1980, against the said Lands, as set out in Schedule "e" hereto, including
the commuted value of such charges falling due after the execution of this
Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
The owner shall pay all development levies in the amounts and at the times set out
in Schedule "D" hereto. Notwithstanding the provisions of Schedule "D" as to the
times at which the development charges shall be paid, the owner shall, prior to
the issuance of any building permit in respect of any lot or block, pay all
remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The owner agrees that, if the Town agrees to accept cash in lieu of the dedication
by the owner to the Town of lands for public purposes, other than highways, the
amount of such cash payment shall be as set out in Schedule "F" hereto. The owner
further agrees to pay to the Town on any such cash payment as set out in Schedule
"F" hereto, at the time of the execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The owner shall, prior to the issuance of any Authorization to COmmence
Work, lodge with the Town by cash or by means of an irrevocable letter of credit
issued by a chartered canadian bank, guaranteeing the performance by the owner of
the provisions of this Agreement. Such cash or irrevocable letter of credit shall
be in an amount equal to the Works COst Estimate with respect to the Plan or stage
of the Plan covered by the Authorization to COmmence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter collectively referred to as a "Performance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The owner agrees that the Town may, at any time, authorize the use of all or part
of any Performance Guarantee if the owner fails to pay any costs payable by the
owner to the Town under this Agreement by due date of the invoice for such costs.
L.R.: 26.7.88
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3.8 INDEMNIFICATION OF TOWN AND INSURANCE
The OWner covenants and agrees to indemnify the TOwn against all actions, causes of
actions, suits, claims and demands whatsoever and howsoever caused, which arise
either by reason of the development of the said lands, or the undertaking of the
design, construction, installation and maintenance of the Works and utilities. The
OWner agrees to indemnify the TOwn with respect to all such claims notwithstanding
the issuance of a Certificate of Release provided for in this Agreement. The OWner
shall also provide the insurance called for by Schedule "K" of this Agreement.
3.9 MAINTENANCE GUARANTEE REQUIRED AND MAINTENANCE GUARANTEE PERIOD
In order to guarantee that all defects in the Works which become apparent after the
issuance of a Certificate of Completion for such Works, will be properly repaired
or replaced, the OWner shall, prior to the issuance of the Certificate of
Completion for such Works, lodge with the TOwn a Maintenance Guarantee in the form
of cash or an irrevocable letter of credit from a chartered Canadian bank, and in
an amount equal to fifteen percent (15%) of the estimated cost of the Works as set
out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject
to the approval of the TOwn Treasurer, and shall guarantee the Works from the date of
a Certificate of Completion" for a period as follows:
a) Storm Sewer System: a minimum of two (2) years commencing upon the date of
issuance of the Certificate of Completion for the Storm Sewer System and
terminating upon the date of the issuance of the Certificate of Acceptance for
the Storm Sewer System.
b) Roads and Above Ground Services: a minimum of two (2) years from the date of
issuance of the Certificate of Completion for the Roads and Above Ground
Services and terminating upon the date of the issuance of the Certificate of
Acceptance for the Roads and Above Ground Services.
3.10 USE OF MAINTENANCE GUARANTEE
The OWner agrees that the TOwn may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the OWner fails to pay any costs payable by
the OWner to the Town under this Agreement, by the due date of the invoice for such
costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
The OWner agrees that the Town shall not be obliged to release to the OWner the
unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
(2) the OWner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
(3) the TOwn is satisfied that in respect of the construction and
installation of the Works for which such Performance Guarantee was required, there
are no outstanding claims relating to such Works.
(4) the TOwn may, from time to time, 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.
3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
The OWner agrees that the TOwn shall not be obliged to release to the OWner the
unused portion of any Maintenance Guarantee until:
(1) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was required; and
(2) the TOwn is satisfied that, in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works; and
(3) the TOwn has received the as-built drawings for such Works.
L.R.: 26.7.88
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3.13 PAYMENT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the OWner is obliged in any way
shall be deemed to include the words "at the expense of the OWner" unless the
context otherwise requires.
(2) The OWner, upon the execution of this Agreement, shall reimburse the Town
for all reasonable legal, planning, engineering and other technical advice and
assistance actually incurred by the Town in connection with the preparation for and
attendances at the Ontario Municipal Board hearings for the draft approval of
Subdivision 18T-86068 and amendments of the Town's By-law 84-63.
(3) The OWner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which shall include review of
performance guarantee and the preparation of any release.
(4) The OWner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other documents
and calculations of charges for which the Town is seeking reimbursement as noted in
Paragraphs (2) and (3) above.
(5) The OWner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule "R" hereto.
3.14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days after the date of the invoice. Interest shall
be payable by the OWner to the Town on all sums of money payable herein, which are
not paid on the due dates. The interest penalty charges will be the same rate as
charged on outstanding tax balances.
3 .15 OCCUPANCY PERMIT
Prior to the issuance of the first building permit the OWner agrees to lodge with the
Town an irrevocable letter of credit annually renewable and issued by a chartered
Canadian bank in an amount of Ten Thousand Dollars ($10,000.00) to guarantee that
occupancy does not occur in respect of any lot or block before the issuance of an
Occupancy Permit for such lot or block. In the event that occupancy occurs in
respect of any lot or block before the issuance of an occupancy permit contrary to
paragraph 4.8, the Town may draw down said Letter of Credit by an amount necessary to
correct the default relative to occupancy. In the event of such default, the OWner
shall immediately restore the Letter of Credit for the full amount of Ten Thousand
Dollars ($10,000.00). So that the amount of security deposit on hand with the Town
always equals Ten Thousand Dollars ($10,000.00). The Letter of Credit shall be
released to the OWners at such time as the last unit is ready for occupancy in
accordance with the terms of this Agreement or at such earlier date in writing by the
parties. The Town agrees to permit the Letter of Credit lodged by the OWner to be
substituted, either in whole or in part, by a Letter of Credit submitted by the
builder to whom the OWner has sold a lot or block with the Plan. The OWner agrees to
obtain any such Letter or Letters of Credit, on behalf of and in favour of the Town,
at such time as any or all of said lands are sold. The Town further agrees to
release substituted portions of the OWner's Letter of Credit, in respect of
occupancy.
It is noted that the Occupancy Deposit requirement is based on the following scale:
up to 50 lots $10,000.00
51 to 100 lots $15,000.00
101 to 250 lots $20,000.00
251 to 500 lots $30,000.00
over 500 lots $50,000.00
L.R.: 26.7.88
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4. PLANNING
4.1
1dI'l\e\'Mi 8F !ME ~~ATIeN PLMi
N&r }rppf:l!Cid3LEl
ce Works as
of planning of
plan" and
The OWner shall, prior to the issuance of any Authorization to Co
provided herein, have received the written approval of the Di or
a plan of the said Lands, hereinafter called the "Tree pr vation
showing thereon:
(I) the location and approximate size of existing trees over 30.5 em. in
circumference at 1.5 m. above th ound; and
(2) the location of all exis . g trees referred to in subparagraph (1) hereof
intended to be uring the development of the said Lands.
No work no such trees removed until the Tree Preservation Plan is
approved and only en, in accordance with such approved Plan. It is agreed by the
Town that not g in this paragraph shall prevent the OWner from removing trees
that woul herwise prevent it from carrying out the Works or from utilizing any
ock by reason of its inability to site a dwelling on such lot or block
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.
4.4 LANDS REQUIRING SITE PLAN
The OWner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule "0" shall
be made until the OWner has entered into a Site Plan Agreement with the Town
respecting the development of such lot and unless the application for a building
permit complies in all respects with the terms of the said Site Plan Agreement.
4.5 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 completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director.
L.R.: 26.7.88
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(3) all of the Works required to be constructed and installed under such
roads have been constructed and installed to the approval of the
Director; and
(4) all of the utilities required to be constructed and installed
pursuant to Schedule "H" have been constructed and installed to the
approval of the authorities having jurisdiction over such utilities.
Alternatively, the Town has received written confirmation from such
authorities that sufficient financial securities have been received
to cover the design and installation of same; and
(5) the owner has provided the Director of Planning with a mylar copy of
the registered plan of this subdivision.
(6) the Development Levies have been paid in respect of the lot or block in
the Plan for which the building permit is applied for; and
(7) the owner has deposited, and maintained in good standing, the
Occupancy Penalty fee as required by paragraph 3.15 of this
Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the owner has fulfilled the conditions
with respect to the lot(s) and block(s) as set out in Schedule "N" as
required by paragraph 4.3 of this Agreement; and
(9) if the application for a building permit is in respect of any lot or
block as set out in Schedule "0" the owner has entered into a Site
Plan Agreement with respect to the lot(s) or block(s) as set out in
Schedule "0" as required by paragraph 4.4 of this Agreement.
(10) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to this Agreement has been deposited with the Town and is in
good standing.
(11) the applicant has submitted a site plan satisfactory to the Director,
and verified by the owner's Engineer that the final grades of the
respective lot(s) or block(s) is appropriate for the building(s)
proposed to be constructed and the grading of the lot and proposed
access conforms to the approved lot grading plan, and the Town's
Design Criteria and Standard Detail Drawings.
(12) the owner has erected or caused to be erected a sign displaying all
roads, lots and blocks within the approved Plan of Subdivision for
the said Lands sufficient to illustrate the future housing types and
distribution, the location of any parks, open space, school or
commercial blocks proposed on the said Lands, as well as all future
uses for lands abutting the said Lands as identified by an approved
Official Plan, Neighbourhood, or Hamlet Development Plan, or an
approved draft Plan of Subdivision.
4.6 MODEL HOMES AND ARCHITECTURAL CONTROL
(1)
the owner may apply for building permits for up to *
on the lands, provided that such application is in
the requisite by-laws of the Town and The Building COde,
1980, provided that all building per' ees, occupancy penalty,
performance guarantee and ap ate development levies as provided
for in this Agreement een paid or provided, and that the
developer has . ied the Town that the final grades of the lot are
appro or the proposed building and that grading complies with
L.R.: 26.7.88
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respect of model homes, to obtain the approval
Public Works in respect of access to the model
alternate access is proposed to provide ac 0 model homes, such
access shall be of a standard acce to the Director of Public
Works and the Fire Chief of wn of Newcastle.
(2) The ny model home shall be used for display purposes
only and shall not b upied for any residential purpose until such time as the
provisions of graph 4.8 and 4.5(1) if applicable, of this Agreement have been
compli h and if such model home is occupied for residential purposes contrary
(3) (a) the OWner covenants and agrees with the Town that he will exercise or
cause to be exercised, architectural control over the design and
construction of dwellings within the plan by requiring that the
exterior construction of all dwellings be at least 40 percent masonry
e.g. brick, stone or other earthern products, but excluding stucco
and concrete block, or at least 40 percent finished wood siding,
excluding plywood, particle board or other similar wood sheeting
materials.
Notwithstanding the foregoing, vinyl or aluminium siding which
simulates finished wood siding may be substituted for finished wood
siding with the approval of the Director of Planning.
(b) the OWner covenants and agrees that in the Agreement of Purchase and
Sale, he will require each builder purchasing from him to file, prior
to applying for a building permit, with the Town a Master plan, to be
approved by the Town, for the lot purchased by the builder/purchaser
showing housing types, elevations and the distribution of models on
such lots.
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 convenant that such purchaser agrees at any time prior to the issuance
of a building permit, to provide the Town with any grants of easement
required for utility or drainage purposes upon the written request of the
Town; and
(3) the OWner has obtained from the prospective purchaser a licence to permit
the OWner and/or Town, to enter upon such lands to perform its obligations
under this Agreement; and
(4) the Performance Guarantee and/or Maintenance Guarantee reqUired pursuant
to this Agreement has been deposited with the Town and is in good standing.
(5) the OWner has inserted in the agreement to purchase entered into by the
prospective purshaser, notice that the lands are subject to the covenants
and obligations set forth in this Agreement, and more particularly,
Section 5.28 in respect of obligations of subsequent owners.
4.8 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 dwelling or other
structure, the OWner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission of
the Town hereinafter called an "Occupancy Permit". In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any building
until:
J
i
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L.R.: 26.7.88
.
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(1) all of the roads which are required to be constructed under this
Agreement, which will provide access to such building, have had the
application of the base course of asphalt, to the written approval of the
Director and the required street lighting system has been installed and
energized; and
(2) all of the storm drainage system required to be constructed and installed
to service such building has been constructed and installed to the written
approval of the Director, and the building has been connected thereto; and
(3) all of the utilities, save telephone and cable T.V. required to be
constructed, installed and connected to the building pursuant to Schedule
"H", have been so constructed, installed and connected to the written
approval of the authorities having jurisdiction over such utilities; and
(4) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the authority having
jurisdiction; and
(5) the owner's Engineer has provided the Director with certification being
written confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has received the
written approval of the Director with respect to any variance to the
Grading and Drainage Plan.
(6) the building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
(7) notwithstanding the provisions of sub-paragraph (5) of this Clause the
owner shall be entitled to a "Temporary Occupancy Permit" in the event that
the owner has not been able to comply with the requirements of sub-paragraph
(5) by reason of seasonal, weather or other conditions beyond the control of
the owner. Prior to the "Temporary Occupancy" of said dwelling,
confirmation with respect to the compliance with the provisions of
Sub-paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is to be provided,
in writing, by the owner. Furthermore, the written certification required
in Section 4.8(5) shall be provided to the Town within one (1) year of the
date of "Temporary Occupancy" of said dwelling unit. Failure to comply with
the above will result in a reduction of the Occupancy Deposit Letter of
Credit pursuant to the provisions of paragraph 3.15.
4.9 SPECIAL CONDITIONS
L.R.: 26.7.88
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5. PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The OWner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule "G" hereto
(hereinafter called "the Works"). upon conunencement of construction of the Works and
until the issuance of a Certificate of Acceptance as hereinafter provided, the Works
shall remain the property of the OWner and the OWner shall be fully responsible for
their maintenance. After the issuance of a Certificate of Acceptance, the Works
shall vest in and become the responsibility of the Town.
5.2 UTILITIES AND SERVICES REQUIRED
The OWner shall be responsible for entering into agreements with the appropriate
Public Utilities Oonunission or other such authority or company having jurisdiction
in the area of the said Lands for the design and installation of the utilities as
more particularly referred to in Schedule "H".
5.3 OWNER'S ENGINEER
The OWner shall retain a Professional Engineer, registered by the Association of
Professional Engineers of Ontario and hereinafter called the "OWner's Engineer", to
administer this Agreement, whose duties are set out in Schedule "I" hereto.
5.4 DESIGN OF WORKS
The OWner agrees that the design of all the Works shall comply with the Design
Criteria and Standard Detail Drawings of the TOwn. In the event of any dispute as
to such standards or in the event of any dispute as to such design requirements, the
decision of the Director shall be final.
5.5 APPROVAL OF ENGINEERING DRAWINGS
The OWner shall, prior to the issuance of any Authorization to Oonunence Works as
provided herein, have received the written approval of the Director for all
drawings of all the Works hereinafter called the "Engineering Drawings". If no
construction of the Works has conunenced within two (2) years of the date of
approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted
to the Director for re-approval and further revisions if required by the Director,
and no work shall be done unless in accordance with the said revised and
re-approved drawings.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The OWner shall, prior to the issuance of any Authorization to Conunence Work as
provided herein, have received the written approval of the Director of a plan,
hereinafter called the "Grading and Drainage Plan", and showing thereon the
existing drainage pattern on all adjacent lands, all proposed grading and drainage
works for the said Lands, indicating the direction of all surface drainage,
inclUding water from adjacent lands originally flowing through, into or over the
said lands to the municipal storm sewer system or any other outlet approved by the
Director. This Grading and Drainage Plan shall be approved and signed by the
Director prior to the construction of any services or roads on the said Lands. If
no construction of the work is conunenced within two (2) years of the date of
approval of the Grading and Drainage plan, the Grading and Drainage plan shall be
resubmitted to the Director for reapproval and revision, if required by the
Director and no such work shall be done unless in accordance with the said revised
and reapproved drawings.
5.7 STAGING OF WORKS
If the OWner wishes to construct and install the Works and utilities in stages, the
OWner shall, prior to the issuance of any Authorization to Conunence Work as
hereinafter provided, prepare for the approval of the Director of Public Works, a
plan hereinafter called the "staging Plan" which divides the Plan into stages for
the construction, installation and maintenance of the Works and utilities.
L.R.: 26.7.88
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The Owner shall not proceed until such Staging Plan has been approved by Director
of Public Works, and shall proceed only in accordance with such approved plan,
except as it may be subsequently amended with the approval of the Director of
Public Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the "Schedule of Works") which sets out the timing sequence in
which the Owner proposes to construct and install all of the Works and utilities
and, where the installation of the Works and utilities are to be staged the Owner
shall, prior to the Authorization to Commence Work for each such stage, receive the
written approval of the Director of a Schedule of Works for such stage. The Owner
shall proceed only in accordance with the approved schedule, except as it may be
subsequently amended with the approval of the Director.
5.9 APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to COmmence Work
as hereinafter provided, the estimated cost of construction and installation of all
of the Works, hereinafter called the "Works Cost Estimate", shall be approved by
the Director and entered in Schedule "J" hereto. If the Town has approved a
Staging Plan for the said Lands, the Owner further agrees that the estimated cost
of construction and installation of the Works for each stage, hereinafter called a
"Stage COst Estimate" shall be approved by the Director and entered in Schedule "J"
hereto.
5 .10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, hereinafter called an "Authorization to
COmmence Works". The Owner shall only commence those Works permitted by the
Authorization to COmmence Works. In addition to any other requirements contained
herein, no Authorization to COmmence Works shall be issued for any of the Works
until :
(1) the Plan has received final approval from the Region; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this agreement and copies of
the plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been
registered; and
(7) the Owner has delivered letters from the appropriate Public utilities
COmmission, or authority or company having jurisdiction, stating that satisfactory
agreements have been entered into for the design and installation of the utilities
as required by paragraph 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received written approval of the Directors of Public Works,
planning and COmmunity Services of the landscape plans and "Park Site Masterplans"
as required by paragraph 4.9 and as part of the works, more particularly referred
to in Schedule "G".
L.R.: 26.7.88
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(11) the OWner has received the written approval of the Director of the Grading
and Drainage plan as required by paragraph 5.6 of this Agreement; and
(12) the OWner has received the written approval of the Director of Planning
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the OWner has received the written approval of the Director of Public
Works for the staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the OWner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the OWner has received the written approval of the Director for the Works
Cost Estimate and/or stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) the OWner has deposited with the Town the Performance Guarantee applying
to that stage of the plan for which the OWner is seeking such Authorization to
Commence works as required by paragraph 3.6 of this Agreement and paid all cash
contributions, due to the Town, as required by Schedule "J"; and
(17) the OWner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the OWner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of the date of the issuance of the Authorization to Commence Works; and
(19) the OWner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) the OWner has satisfied the requirements of paragraph 5.19(2); and
(21) notwithstanding the above the OWner may commence installation of the work
as referred to in Schedule "G" hereto with the written approval of the Director,
prior to the registration of the Plan provided that Sections 3, 4, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, and 19 of this Clause have been satisfied. No
Certificate of Acceptance of the work, as referred to in Clause 5.25 of this
Agreement, shall be issued by the Director, until the Plan has been registered and
all other requirements relevant to the Certificate of Acceptance have been met. The
construction or installation of any of the work pursuant to this clause shall,
notwithstanding the aforementioned approval of the Director, be taken at the sole
risk of the OWner. The OWner shall save harmless the Municipality from any action or
cause of action resulting from the construction or installation of any of the work as
may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging plan for the said Lands, the OWner shall require
an Authorization to Commence Works for each stage of the Plan. If the Town has
issued an Authorization to Commence Works for one stage of the Plan, in addition to
any other requirements contained herein, no Authorization to Commence Works shall
be issued for any subsequent stage of the plan until:
(1) the Works Cost Estimate for such stage has been approved by the Director
and entered in Schedule "J" hereto; and
(2) the OWner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the OWner is seeking such Authorization to
Commence WOrks.
5.12 INSPECTION AND STOP WORK
The contract with any contractor employed by the OWner to construct or install any
of the Works shall provide that employees or agents of the Municipality may, at any
time, inspect the work of such contractor pertaining to the said Lands and the
Director, after consultation with the OWner's Engineer, shall have the power to
stop any such work in the event that, in their opinion, work is being performed in
a manner which may result in a completed installation that would not be
satisfactory to the Town or in the event the financial guarantees, required
pursuant to this Agreement, are not maintained in good standing.
L.R.: 26.7.88
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5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carried out
in accordance with the regulations for construction as set out in Schedule "L"
hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The OWner shall, upon the issuance of an Authorization to Commence Works, proceed
to construct and install all of the Works continuously and as required by the
approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The OWner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of all
of the Works authorized in such Authorization to Commence Works with the exception
of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway
approaches, sodding and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
OWner shall, until the conclusion of the maintenance guarantee period, construct or
install such additional facilities and perform such additional work as the Town may
request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the OWner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it will
be completed within the time specified for such completion, or if the said Work is
being improperly done, or if the OWner neglects or abandons the said Work, or any
part of it, before completion, or unreasonably delays the execution of the same, or
if in any other manner the said Work is not being done properly and promptly in
full compliance with the provisions of this Agreement, or in the event that the
OWner neglects or refuses to do over again any Work which may be rejected by the
Director as defective or unsuitable, or if the OWner in any other manner in the
opinion of the Director may default in performance under this Agreement, then in
any such case the Director on the authority of the Council of the Town may notify
the OWner and his surety in writing of such default or neglect and within ten (10)
clear days after the giving of such notice or within such further period of time as
may be specified in the notice, the Town Council shall thereupon have full
authority and power immediately at its option to employ a contractor or such
workmen as in the opinion of the Director shall be required for the proper
completion of such work at the cost and expense of the OWner or his surety, or
both. In cases of emergency, in the opinion of the Director, such work may be done
without prior notice, but the OWner shall forthwith be notified. The cost of such
work shall be calculated by the Director, whose decision shall be final. It is
understood and agreed that the total costs shall include a management fee of thirty
(30%) percent of a contractor's charges to the Town (including any charges for
overhead and profit) or, if such work is undertaken by the Town, thirty (30%)
percent of all charges incurred to complete the work, it being hereby declared and
agreed that the assuming by the OWner of the obligations imposed by this clause is
one of the considerations without which the Municipality would not have executed
this Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in performance under this agreement, then in any
such case the Director may notify the OWner and his surety in writing of such
L.R.: 26.7.88
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default and if the OWner fails to satisfy claims of the lien claimant within ten
(10) clear days after the giving of such notice or within such further period of
time as may be specified in the notice, then the Municipal COuncil shall thereupon
have full authority and power immediately at its option, to pay the full amount of
the claim and costs into an appropriate court having jurisdiction and the
Municipality shall be authorized to use all or part of any performance or
maintenance guarantee to do so. In the event that the Municipality draws upon the
performance or maintenance guarantee to satisfy the claims and costs of any lien
claimant, the owner shall forthwith upon notice from the Director reinstate the
performance or maintenance guarantee to the full value required under the terms of
the agreement.
5.18 ENTRY FOR EMERGENCY REPAIRS
The owner agrees that, at any time and from time to time, employees or agents of
the Town may enter the said Lands for the purpose of making emergency repairs to
any of the WOrks. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in
connection therewith, nor a release of the OWner from any of its obligations under
this Agreement.
5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(1) The owner agrees to pay the cost of repairing any damage to any services
which, without limiting the generality of the foregoing, shall include road, water,
electrical, gas, telephone, cable television or sewer systems, and the cost of
relocating any existing services, caused by the development of the Lands or the
construction or installation of the Works on the Lands which are required by this
Agreement, provided all work is to be done to the satisfaction of the Director
and/or authorities responsible for such services. The owner further agrees to pay
the cost of moving any of the Works constructed or installed under this Agreement
in driveways or so close thereto as in the opinion of the Director will interfere
with the use of the driveway.
- NOT APPLICABLE -
construction or installation of the Works and until the expiry of the
required maintenance of the Works on the Lands provided for by Section 5.23
agreement, he will cause to be carried out, at his expense, the approved
water monitoring program (the "Monitoring program") around the perime of the
Lands. The Monitoring Program shall be implemented by a qualified drogeologist
(the "Hydrogeologist") who shall be retained by the owner, at t owner's expense,
after the Hydrogeologist first is approved by the Director. e ground water
monitoring program shall include the number, location, fr ency and method of
observation of the piezometric observation wells as we as such other matters as
the Director considers appropriate. It shall be pared and recommended to the
Director by the Hydrogeologist for the Director' consideration and approval.
After the ground water monitoring program is proved by the Director with or
without such modifications as he may cons' er appropriate, it shall be the
Monitoring program for the purposes of is Agreement.
(3) nitoring program, the owner agrees to cause the
Hydrogeologist, at no cost t he Town, to provide the Director with a copy of all
reports prepared by him i onnection with or in implementation of the Monitoring
program forthwith afte hey are prepared. For the duration of the Monitoring
program, the owner so will cause the Hydrogeologist to make available to the
Director, at no st to the Town, forthwith after a written request therefore is
the drogeologist by the Director, a copy of all data collected and all
e in connection with or in implementation of the Monitoring program.
Forthw' following the completion of the Monitoring program, the owner will cause
drogeologist to provide to the Director, at no cost to the Town, a copy of
L.R.: 26.7.88
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have not been provided to the Director pursuant to this Section 5.19, together
a certificate of the Hydrogeologist, in a form satisfactory to the TOwn Solic' r
that all the data, analyses and reports required to be provided to the Direc r by
this Section 5.19, have been provided to him. In addition to the foregoi , the
OWner agrees to cause the Hydrogeologist to prepare separate reports, to he
satisfaction of the Director for each and every occurrence of apparent ell
interference caused by construction activity within the Lands and re rted to the
TOwn, and to deliver the same to the Director, at no cost to the , forthwith
after each of them is completed.
(4) The OWner agrees that, if after considering a repor
Director in this regard, COuncil determines that the well
of any person outside the Lands is interfered with or de
construction or installation of the Works:
thereon from the
private water supply
tered as a result of the
(a) where the interference to a well ivate water supply is short
term duration (i.e. during the cou e of dewatering and excavation
and within one month of the comp tion of dewatering) make available
to the affected party, ry supply of water at no cost to the
affected party; or
(b) where the interference t a well or private water supply is of a long
term duration, at the tion of the owner and at his expense, connect
the affected party t the TOwn water supply system or provide a new
well or private wa r system so that water supplied to the affected
party shall be 0 a quality and quantity at least equal to the
quality and qu tity of water enjoyed by the affected party prior to
ce,
by COuncil.
as may be
(5) If the Di ctor gives written notice to the OWner that he has reason to
believe that the ell or private water supply of any person outside the Lands is
interfered wit or dewatered as a result of the construction or installation of the
Works, the er agrees that forthwith after such notice is given, he will cause
the quanti of potable water considered to be appropriate by the Director to be
supplied 0 the affected person(s) free of charge either until such time as Council
nsidering a report thereon from the Director decides that the well or
e water supply in question has not been interfered with or dewatered as a
t of the construction or installation of the Works, or until such time as the
5.20 USE OF WORKS BY TOWN
The owner agrees that any of the Works may be used by the TOwn or other authorized
persons, for the purposes for which the Works are designed. Such use of any of the
Works shall not be deemed an acceptance of any of the Works by the TOwn nor an
assumption by the TOwn of any liability in connection therewith, nor a release of
the owner from any of his obligations under this Agreement.
5.21 MAINTENANCE OF ROADS AFTER COMPLETION
(1) Notwithstanding any other requirement in this Agreement to maintain the
WOrks, if any building on the said Lands is occupied, the owner shall maintain all
of the roads, which are required to be constructed and which provide access to such
building, until a Certificate of Acceptance has been issued for such road. The
OWner shall:
(a) maintain the roads at all times in a well drained, dust and mud free
condition, fit for all normal vehicular traffic, to the approval of the
Director; and
(b) during the course of installation of the Works and Utilities provide and
maintain safe and adequate access to all occupied buildings.
L.R.: 26.7.88
..
'L~
- 20 -
(2) The TOwn agrees to snowplow and sand paved subdivision roadways. Until
the roadways are vested in the TOwn the OWner shall pay one hundred percent (100%)
of the actual cost of snowplowing and sanding such roadways.
(3) The provisions of any work or service by the Town under paragraph 5.18 or
subparagraph (2) of this paragraph, shall not in any way constitute approval or
assumption of the road and the road shall not be deemed to have been assumed until
a Certificate of Acceptance has been issued.
5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The OWner agrees that the construction and installation of any of the Works
authorized in an Authorization to Commence Works shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided the
OWner with written confirmation thereof, referred to herein as a "Certificate of
Oompletion". 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 Oommence Works for
which a Certificate of Oompletion is required, have been inspected by the Director,
and he is satisfied such Works have been constructed and installed in accordance
with the latest version of the Engineering Drawings approved by the Director; and
(2) The TOwn is satisfied that, in respect of the construction and
installation of all of the works authorized by such Authorization to Oommence
Works, there are no outstanding claims relating to such Works.
5.23 PERIOD OF REQUIRED MAINTENANCE OF WORKS
The OWner shall from the date of the issuance of a Certificate of Oompletion
maintain all of the Works covered by such Certificate of Oompletion for a period
as follows:
a) Storm Sewer System: a minimum of two (2) years commencing upon the date of
issuance of the Certificate of Oompletion for the storm Sewer System and
terminating upon the date of the issuance of the Certificate of Acceptance for
the Storm Sewer System.
b) Roads and Above Ground Services: a minimum of two (2) years from the date of
issuance of the Certificate of Completion for the Roads and Above Ground
Services and terminating upon the date of the issuance of the Certificate of
Acceptance for the Roads and Above Ground Services.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The OWner agrees that any of the Works covered by a Certificate of Oompletion 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 Oompletion have been inspected by
the Director and the TOwn Council has approved the written report of the Director
that all such Works have been maintained to the approval of the Director for the
periOd set out in paragraph 5.23 of this Agreement, and that there are no
outstanding claims against said works.
5.25 CMNERSHIP 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.
L.R.: 26.7.88
/l...,/L--
- 21 -
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
upon compliance with subparagraph (1), (2) and (3) hereof, the Town agrees to
provide the owner with a written release for the said Lands, referred to herein as
the "Certificate of Release", in a form suitable for registration or deposit in the
applicable Registry or Land Titles Office. In addition to any of the requirements
contained herein, the Certificate of Release for such stage shall not be issued
until :
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) a registered Ontario Land surveyor, approved by the Town, has provided the
Town with written confirmation that at a date not earlier than the end of
the maintenance period described herein, he has found or replaced all
standard iron bars as shown on the plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all
points of change in direction of roads on the Plan; and
(3) the Town COuncil has, by resolution, acknowledged that the owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the owner under this Agreement with the exception of
the owner's responsibility for drainage as provided herein and the owner's
acceptance of the conditions for applying for Town building permits as provided
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the owner is required to install oversized services
(hereinafter called "OVersized Services") or services outside the limits of the
plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule lip" hereto, the Town agrees that upon a developer
of lands outside the Plan of Subdivision connecting to such Oversized or External
Services, to pay to the owner that portion of the cost of the Oversized or External
Services (which is also set out in Schedule "P") that is equal to the proportion of
the excess capacity of such Oversized or External Services which is estimated to be
utilized by such developer. The excess capacity of such Oversized or External
Services shall be the capacity of such services estimated to be available after the
owner has fully developed the lands. The portion of such Oversized or External
Services estimated to be utilized by a developer of lands outside the Plan of
Subdivision shall be calculated by the Director, whose decision shall be final. In
determining the cost of the OVersized or External Services there shall be added
annually from the first anniversary of the issuing of the Certificate of COmpletion
to the costs set out in Schedule "P" a sum equal to the interest on the amount of
the unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of Completion,
at the highest prime lending rate charged during the previous year by the Bank of
Montreal at its main branch in the City of Toronto, plus two percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of COmpletion, no interest shall be
added to the cost of OVersized or External Services.
(3) In the event that payment is required to be made under this paragraph by
the Town before the first anniversary of the issuance of the Certificate of
COmpletion, interest shall be calculated at the highest prime rate charged by such
bank, plUS two percent (2%) from the date of the issuance of the Certificate of
COmpletion to the date of payment. Interest shall be calculated on a per diem
basis to the date of payment.
L.R.: 26.7.88
7-1
- 22 -
5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance of the Certificate of Release the registered owner of each
lot or block on the Plan shall have the sole responsibility for the following:
(1) The registered owner shall be responsible for providing and
maintaining adequate drainage of surface waters from such lot or block in
accordance with the approved lot grading and drainage plans referred to in
paragraph 5.6 herein.
(2) The registered owner of a lot or lots within the Plan, shall be
responsbile for compliance with the terms of paragraph 4.5 "Requirements for
Building Permits" of this Agreement if, at the time, a Certificate for Release is
issued, no building permit has been issued for such lot or lots.
(3) The registered owner of a lot or lots within the plan, shall be
responsible for the maintenance of fencing required pursuant to paragraph Seven (7)
on Schedule "G" to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
MAYOR
CLERK
~(~
RAYMOND D. HOLLAND I
TI~ ~~
L.R.: 26.7.88
J-~
THIS IS SCHEDULE "A" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
september, 1987.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Newcastle, in the Regional Municipality of Durham, formerly
in the Township of Darlington, County of Durham, Province of ontario, being composed
of Part of Lot 34, Concession 3, Geographic Township of Darlington (formerly
Township of Darlington), now described as Parcel 34-1, Concession 3, Newcastle
(Darlington), and being the remainder of said parcel.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
L.R.: 26.7.88
MAYOR
~~
WAL~ SCHLEISS ~.
~ -,~P
RAYMOND D.
TI71:;
HOLLAND
~I
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THrs IS SCHEDULE "B" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
september, 1987.
PLAN OF SUBDIVISION
Copy of final plan prior to registration
and
Copy of Plan 18T-86068
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
) -:J.w /~-'-lo-'
)
)
) O,~P.e.
)
)
)
)
)
)
)
)
)
)
MAYOR
CLERK
WALTER~ ~
T$n .
RAYMOND D. HOLLAND
~V' ~71/
TI'1'LE : . .
L.R.: 26.7.88
MEtRIC ~
OlSTANces SHOWN ON TH'IS PLAN ARE
IN METRES ANO CAN 8E CONYERTloro
FfET BY DIYIDING BY 0'3048.
"
PLAN 10M -
PLAN OF SUBOIV I S ION
OF PART OF LOT_34 l CONCESSION 3 AND PART
OF 81.0 C I< '27 CO'3.0.' REstRVE) PLAN 101.1- 787
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHA M
11l0RMERL't TOWN$HIP ~ OARLIHGTON, C'OUNTY OF bURHAM)
S,CALe ':1~(j-: trrr;rr-rr!?r"7~~r~'i{:t MetA<<S
R. F., GR'ANDE R O. l.. S. '-987
J CERrt'Y THAT THIS PLAN lO!of'_ _ IS
RECJISTEREO IN THE LAND RECJISTRY O"'CE FOR
THE lANO nTLES DIYISION OF N!WCAS HE
AT 0' CLOCK ON THE OAY 01 198 .
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ANO ENTERtO IN THE AEGISTER FOR
PARCEL
SEe rlON
. AND REOUIREO CONSENTS ANa AFFIDAVITS ARE-
REGI STEREO AS PLAN DoeUMEN r N9 .
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THIS PLAN COMPRISES PART OF p~a .,.4. I, SECT/Oft
CONcEssiON j NEWCASTf..6 (DARt/NorON) AND PART OF
PARCE~' etOCK IZ~ -_~..$~eflON 10M. 7137
NEWCASTia: (DARUmTON J
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THIS IS SCHEDULE "c" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
September, 1987.
CHARGES AGAINST SAID LANDS
(1)
(2)
(3)
MUNICIPAL TAXES
(to be paid prior to execution)
LOCAL IMPROVEMENT CHARGES
(to be paid prior to execution)
DRAINAGE CHARGES
(to be paid prior to execution)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
) f? $ Re-Ie z::
)
)
)
)
)
)
)
)
)
)
MAYOR
WALTER SCHLEIS ~
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RAYMOND D. HOLLAND
~c1 ~'7'td
TITL :
L.R.: 26.7.88
0-"\.
.
THIS IS SCHEDULE "D" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
DEVELOPMENT CHARGES
The OWner shall pay to the Town development charges in the amount of $35,425.00
(calculated at the rate of $2,725.00 for each dwelling unit) which shall be paid as
follows:
25% of the aforesaid sum forthwith, being $8,856.25, upon the date of
execution of this Agreement
25% of the aforesaid sum, being $8,856.25, at the date of the issuance of
the building permit for the first dwelling unit.
25% of the aforesaid sum, being $8,856.25, prior to the issuance of the
building permit for the seventh (7th) dwelling unit.
the remainder of the aforesaid sum prior to the issuance of the building
permit for the tenth (lOth) dwelling unit.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis against
all lots or blocks within the plan upon which it is contemplated by this Agreement
that residences shall be built but, upon the issuance of the first building permit
and thereafter, the development charges shall be first applied in full satisfaction
of the development charges owing on the lots or blocks in respect of which the
building permits have been issued and the balance of any pro-rata basis against all
lots or blocks within the Plan upon which it is contemplated by this Agreement that
residences shall be built but for which no building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building permits
issued shall be the aggregate of all building permits issued with respect to any
lot or block within the Plan whether issued to the OWner or any other person.
The Town shall review its schedule of development charges annually and may adjust
the amount of the development charges herein in accordance therewith.
The OWner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be applicable to all lots or
blocks within the Plan for which development charges remain due.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
) ~.....> I ~ -re~
)
)
)
)
~ WALTER SCHLEISS ~
)~ ._j
) I E:
)
)
)
)
)
MAYOR
CLERK
RAYMOND D. HOLLAND
<if rJk'~
TITLE:
L.R.: 26.7.88
?-"
.
THIS IS SCHEDULE "E" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
GRANTS OF EASEMENTS TO BE DEDICATED
The OWner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
To Be Provided By OWner
- NOT APPLICABLE -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
) MAYOR
)
)
)~~~~- C~~
)
~ ~:SS~
~~~~
)
! i D~dA?1/
L.R.: 26.7.88
~~
.
THIS IS SCHEDULE "F" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS - NOT APPLICABLE
The owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land:
(description)
(2) CASH IN LIEU OF LANDS - NOT APPLICABLE (APPROPRIATE DEDICATION OF PARKLAND
RECEIVED THROUGH EARLIER PHASES OF DEVELOPMENT)
The owner shall pay to the Town, as cash in lieu of the dedication by the
OWner to the Town of lands for public purposes, the amount of five percent
(5%) of the market value of the said lands agreed upon as five percent (5%)
of $*, being $*, upon the execution of this Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
) P. $A2.e,6
)
l WAL. TER SCHLEISS _.4 ./ .-
:~(~~
)
)
)
)
)
MAYOR
CLERK
RAYMOND D. HOLLAND
~ dJkL
TITL .
L.R.: 26.7.88
IU
.
.
.
Schedule "G"
- 2 -
3 . PEDESTRIAN WALKWAYS - NOT APPLICABLE
The OWner agrees to construct, install and maintain completed pedestrian walkways,
including all appurtenant fencing and lighting, in accordance with Engineering
Drawings to be approved by the Director of Public Works, and shall be:
(i)
(ii)
(iii)
(iv)
paved or concrete from edge to edge;
properly drained;
fenced and screened;
extended to the curb of any intersecting street and provide appropriate
curb cuts at these locations.
4. TEMPORARY TURNING CIRCLES - NOT APPLICABLE
The OWner shall provide and grant to the Town any turning circle(s) required by the
conditions of draft plan approval in accordance with the TOwn's Standard Drawings,
and construct and maintain such turning circles in accordance with the TOwn's
Design Criteria and Standards Drawings, approved by the Director of Public Works.
Such temporary turning circles shall be shown on the final plans as a block and
shall be held by the Town until the extension of Street "*" at which time the block
shall be conveyed without charge to the owners of the abutting lots.
5. CONSERVATION WORKS - SEE SCHEDULE "Q"
In addition to the work required by the Schedule "Q", the OWner shall construct,
install and maintain certain conservation works within this plan, such as retaining
walls, drainage channels and watercourse channelization works, inclUding all
appurtenant fences and all other apparatus, in accordance with the Engineering
Drawings approved by the Director of Public Works.
6. LOT GRADING
The OWner agrees to rough-grade all blocks and parks, according to the Tree
Preservation plan and the Lot Grading plan, to the satisfaction of the Director of
Public Works and in the case of parks, to the satisfaction of the Director of
COmmunity Services.
7. FENCING
The OWner agrees to supply, erect and maintain fencing in accordance with
Engineering Drawings to be approved by the Director of Public Works.
The following locations for fencing are requried along the boundaries of:
(i)
(ii)
(iii)
reverse frontage of lots;
walkways;
park or open space blocks.
8. EXTERNAL WORKS - NOT APPLICABLE
The OWner agrees to pay one-half of the cost of reconstruction of abutting his
lands. The reconstruction program will include:
(a)
(i)
(ii)
Storm sewer system and all appurtenances
Installation of Granular "A" and "B" and paving to a pavement width of
10 metres
CUrb and Gutters and Sidewalks
Sodding of boulevards
paving of driveway approaches
Street lighting
Any Regional works required.
(iii)
(iv)
(v)
(vi)
(vii)
(b) All work to be completed to the TOwn of Newcastle's Design Criteria and
Standard Drawings and as per the Engineering Drawings approved by the Director
of Public Works.
(c) The OWner agrees to supply and erect screen planting to the satisfaction of
the Director of Public Works, in the following locations. (The trees are to
be spaced at 3 metre intervals): -
L.R.: 26.7.88
.
.
j\
THIS IS SCHEDULE "G" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
September, 1987.
WORKS REQUIRED
1. STORM SEWER SYSTEM - Installed through Plan IOM-787 and governed by provisions
relating thereto.
The OWner shall construct, install, supervise and maintain a storm drainage system,
satisfactory to the TOwn, for the removal of upstream storm water and storm water
originating within the said lands, including storm sewer mains, manholes, service
connections, catchbasins and leads, open channels, storm outfalls and any other
appurtenances as may be required in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings.
The OWner agrees to produce Engineering Drawings for the storm drainage system, to
the satisfaction of the Director of Public Works.
The OWner agrees to obtain any easements required external to the said lands, at no
expense to the Municipality for the disposal of storm water from the said lands.
2. ROADWAYS - Centrefield Drive - Constructed through Plan IOM-787 and governed by
provisions relating thereto.
The OWner shall construct and install the following services on the various
streets, shown on the plan as follows: -
(a) pavement widths to be applied to the following streets: * as shown on the
approved Engineering Drawings.... Governed by provisions of Development
Agreement relating to Plan IOM-787.
(b) The grading and paving of all street, including the installation of Granular
"A" and Granular "B" material to provide a proper base for paving, shall be as
per the TOwn of Newcastle Design Criteria and Standard Drawings.... Governed by
provisions of Development Agreement relating to Plan IOM-787.
(c) The OWner shall construct curbs and gutters on both sides of all streets, as
per the TOwn of Newcastle's Design Criteria and Standard Drawings as shown on
the approved Engineering Drawings.... Governed by provisions of Development
Agreement relating to Plan IOM-787.
(d) The OWner shall construct, install and maintain complete sidewalks in
accordance with the TOwn of Newcastle's Design Criteria and Standard Drawings,
and as shown on the approved Engineering Drawings.... Governed by provisions of
Development Agreement relating to Plan IOM-787.
(e) The OWner agrees to the grading and paving of all driveways between the curbs
and sidewalks, in accordance with the TOwn of Newcastle's Design Criteria and
Standard Drawings. The grading and paving of all driveways between the curbs
and sidewalks, where sidewalks are installed, and in all other cases, the
grading and gravelling of the driveway between the curbs and the lot lines.
(f) The OWner agrees to construct, install, energize and maintain street lighting,
in accordance with the TOwn's specifications, on all streets and walkways, to
the satisfaction of the Director of Public Works.... Governed by provisions of
Development Agreement relating to Plan IOM-787.
(g) The OWner agrees to the topsoiling and sodding of the boulevards between the
curbs and the property line, as according to the Town of Newcastle's Design
Criteria and Standard Drawings and approved Engineering Drawings, to the
satisfaction of the Director of Public Works.... Governed by provisions of
Development Agreement relating to Plan IOM-787.
(h) The OWner agrees to supply, install and maintain traffic signs and permanent
street-name signs, in accordance with the TOwn's Design Criteria and Standard
Drawings and to the satisfaction of the Director of Public Works.... Governed
by provisions of Development Agreement relating to Plan lOM-787.
(i) The OWner shall provide, plant and maintain, under the supervision of a
qualified nurseryman or horticulturist (and guarantee for one year from date
of planting) a minimum of one tree per lot, as shown on the Landscaping Plan and
in accordance with the Town of Newcastle's Design Criteria and as approved by
the Director of Public Works. Tree species to be to the satisfaction of the
Director, and 3 to 3.5 metres in height and 5 em. in caliper, staked and bagged
as necessary.
L.R.: 26.7.88
;~
Schedule "G"
- 2 -
3. PEDESTRIAN WALKWAYS - NOT APPLICABLE
The OWner agrees to construct, install and maintain completed pedestrian walkways,
including all appurtenant fencing and lighting, in accordance with Engineering
Drawings to be approved by the Director of Public Works, and shall be:
(i)
(E)
(iE)
(iv)
paved or concrete from edge to edge;
properly drained;
fenced and screened;
extended to the curb of any intersecting street and provide appropriate
curb cuts at these locations.
4. TEMPORARY TURNING CIRCLES - NOT APPLICABLE
The OWner shall provide and grant to the Town any turning circle(s) required by the
conditions of draft plan approval in accordance with the TOwn's Standard Drawings,
and construct and maintain such turning circles in accordance with the TOwn's
Design Criteria and Standards Drawings, approved by the Director of Public Works.
Such temporary turning circles shall be shown on the final plans as a block and
shall be held by the TOwn until the extension of Street "*" at which time the block
shall be conveyed without charge to the owners of the abutting lots.
5. CONSERVATION WORKS - SEE SCHEDULE "Q"
In addition to the work required by the Schedule "Q", the OWner shall construct,
install and maintain certain conservation works within this plan, such as retaining
walls, drainage channels and watercourse channelization works, inclUding all
appurtenant fences and all other apparatus, in accordance with the Engineering
Drawings approved by the Director of Public Works.
6. LOT GRADING
The OWner agrees to rough-grade all blocks and parks, according to the Tree
Preservation plan and the Lot Grading Plan, to the satisfaction of the Director of
Public Works and in the case of parks, to the satisfaction of the Director of
Community Services.
7. FENCING
The OWner agrees to supply, erect and maintain fencing in accordance with
Engineering Drawings to be approved by the Director of Public Works.
The following locations for fencing are requried along the boundaries of:
(i)
(E)
(iE)
reverse frontage of lots;
walkways;
park or open space blocks.
8. EXTERNAL WORKS - NOT APPLICABLE
The OWner agrees to pay one-half of the cost of reconstruction of abutting his
lands. The reconstruction program will include:
(a)
(i)
(ii)
Storm sewer system and all appurtenances
Installation of Granular "A" and "B" and paving to a pavement width of
10 metres
CUrb and Gutters and Sidewalks
Sodding of boulevards
paving of driveway approaches
Street lighting
Any Regional works required.
(iii)
(iv)
(v)
(vi)
(vii )
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Standard Drawings and as per the Engineering Drawings approved by the Director
of Public WOrks.
(c) The OWner agrees to supply and erect screen planting to the satisfaction of
the Director of public Works, in the following locations. (The trees are to
be spaced at 3 metre intervals): -
L.R.: 26.7.88
Schedule "G"
NOT APPLICABLE
9.
~">
- 3 -
representing 25% of the total number of units within the Plan upply and
install, in accordance with the Town's specifications a e approved Park
Site Master plan, the following facilities:
grading and sodding of the park blocks;
100% of the vegetative pI . g;
all walkways;
water and s connections to property line;
fenci nd
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
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)
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)
L.R.: 26.7.88
~SS~r.J-
E:
RAYMOND D. HOLLAND
~~~/
TIT
.
~
)~
THIS IS SCHEDULE "H" to the Agreement which has been authorized and approved by
By-law NO. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
UTILITIES AND SERVICES REQUIRED
1. ELECl'RICAL SUPPLY SYSTEM
The owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the
lands, in the locations as approved by the Director. All electrical services are
to be installed underground.
The owner shall also make any necessary arrangements with any T.V. Cable Company in
order that the installation of any such system shall take place so far as possible
contemporaneously with the installation of other services so as to cause minimum
disruption of municipal services.
2. STREET LIGHTING SYSTEM
The owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of a complete street lighting system to serve
the said Lands on behalf of the Town in whose ownership the system shall vest upon
acceptance of the works including all appurtenant apparatus and equipment, in the
locations as approved by the Director. The owner shall furnish written evidence
satisfactory to the Director that such arrangements have been made prior to the
issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The owner shall arrange with Bell Canada for the design, provision and installation
of a telephone system to serve the said Lands, as approved by the Director. All
telephone services are to be installed underground.
4. GAS SUPPLY SYSTEM - NOT APPLICABLE
The owner shall arrange with an appropriate gas company for the design, provlslon
and installation of a complete gas supply system to serve the said Lands, including
gas mains, and all appurtenant manholes, laterals, service connections, apparatus
and equipment in the locations as approved by the Director.
5. CABLE TELEVISION
The owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be installed
underground.
6. MAIL DISTRIBUTION SYSTEM
The owner shall arrange with Canada post for the provision and installation of a
mail distribution system to service the said lands, in the location as approved by
the Director.
L.R.: 26.7.88
.
Schedule "H"
- 2 -
/
-; '"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
L.R.: 26.7.88
d'.W I ..>-r G-.e~
'.?, Fri!!-e l r:;;
~~
RAYMOND D. HOLLAND
~ ~-H?1~
TITL . '
MAYOR
CLERK
7~
THIS IS SCHEDULE "I" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
September, 1987.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The OWner's Engineers shall prepare the following for the approval of the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve the OWner or the OWner's Engineer of
the responsibility for any errors or omissions in the above drawings, Plans or
documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The OWner's Engineer shall act as the OWner's representative in all matters
pertaining to the construction and installation of the Works and shall co-operate
with the TOwn to obtain the necessary approvals for construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The OWner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
cosnstruction and installation of the Works and the Private Works and to perform
the following:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce
the As-constructed drawings.
4. MAINTAIN RECORDS
The OWner's Engineer shall maintain all records pertaining to the construction and
installation.
5. PROVIDE PROGRESS REPORTS
The OWner's Engineer shall provide the Director with reports on the progress of the
construction and installation on a monthly basis, or at such other interval as
approved by the Director.
L.R.: 26.7.88
1"'\
Schedule "I"
- 2 -
6. PREPARE AS CONSTRUcrED DRAWINGS
The OWner's Engineer shall prepare the As-constructed Drawings for the approval of
the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF TH
MAYOR
--::r~ v-> I v -r'~ "iZ !:.
P,?'R-.e-.e ..(?
WALTER SCHLEISS_ // /' ./7
~~
RAYMOND D. HOLLAND
tl; ~~77~
TITL :
L.R.: 26.7.88
)~
THIS IS SCHEDULE "J" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
COST ESTIMATES
ESTIMATED COST OF WORKS
TOTAL ESTIMATED COST OF SERVICES
$ NIL
$ NIL
$ 9,400.00
$ NIL
$ NIL
$ NIL
$ 940.00
$10,340.00
STORM SEWERS (EXISTING)
ROADS (EXISTING)
BOULEVARD, SODDING, DRIVEWAYS, STREET TREES
ROUGH GRADING
SIDEWALKS
FENCING
ENGINEERING & CONTINGENCIES @ 10%
The Performance Guarantee has been based on preliminary Estimates only, and, when
the final Engineering Drawings have been approved by the Director of Public Works,
a revised Cost Estimate of the Works, Underground Hydro, Engineering and
Contingencies shall be prepared by the owner's Engineer and submitted to the
Director of public Works for his approval. This revised Cost Estimate shall be
used as a basis to adjust the Performance Guarantee, if the Estimate increases or
decreases.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
MAYOR
CLERK
WALTER SCHLEISS
~~
RAYMOND D. HOLLAND
* ~?1~
TI L .
L.R.: 26.7.88
)t;..
THIS IS SCHEDULE ilK" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987_
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The OWner shall obtain and maintain insurance of the character commonly referred to
as public liability and property damage with an insurance company approved by the
Municipal Treasurer and duly authorized by law to underwrite such insurance. Such
policy or policies of insurance shall indemnify the Town against all damages or
claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of the
Utilities or to any part or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any of the materials or any of
the equipment or any other things used to construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively; and
(c) any injury to any person or persons including workmen employed on the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or handling
of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any other
property of the Town or to the property of any other person either directly
or indirectly by reason of the OWner undertaking the development of the said
Lands together with any or all of the Works and utilities pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
policy or policies of insurance shall be issued jOintly in the names of the OWner
and the Town and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of
anyone person; and
(b) $2,000,000.00 for loss or damage resulting from bodily lnJury to, or death of,
two or more persons arising out of the same accident; and
(c) $1,000,000.00 for anyone occurance of property damage.
The issuance of such policy or policies of insurance shall not be construed to
relieve the OWner from responsibility for other or larger claims for which it may
be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
or
(b) any pile driving or caisson work; or
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
L.R.: 26.7.88
.
Schedule "K"
l\U
- 2 -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED }
In the presence of: }
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
L.R.: 26.7.88
-J. I.,) I '" -r G tot.s
MAYOR
fl. .e AR.I! (.. d
CLERK
~HLEISS
~ ~~}~
.
.
RAYMOND D. HOLLAND
TITLEf7 ~~
.
~"
THIS IS SCHEDULE "L" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR BLASTING
The OWner shall, prior to commencing any blasting, obtain from the Director,
permission to carry out the blasting operation.
2. REMOVAL OF TOP SOIL
The OWner shall not remove any top soil from the said Lands except for construction
purposes and such top soil must remain within the limits of the said Lands.
3. DUMPING OF FILL OR DEBRIS
The OWner agrees to neither dump, or permit to be dumped, any fill or debris on,
nor to remove, or permit to be removed any fill from any lands to be dedicated to
the Town other than the roads within the limits of the said Lands, without the
written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed of in an
orderly and sanitary fashion in a dump site off the said Lands and approved by the
Director. The Town shall not be responsible for the removal or disposal of garbage
and debris. The OWner agrees to deliver a copy of this clause to each and every
builder obtaining a building permit for any part of the said Lands and to ensure
that no burning of construction garbage or debris is permitted on the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The OWner agrees that the Town may have qualitative or quantative tests made of any
materials or equipment installed or proposed to be installed. The testings are to
be carried out by a qualified party selected by the Director of Public Works. The
costs of such tests shall be paid by the owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The OWner shall, at all times during the life of this Agreement ensure that all
public roads abutting the said Lands and all public roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
OWner shall maintain, at all times, all such roads free and dust and mud
originating from the lands during the course of construction. If damaged, the
OWner agrees to restore immediately, and at its own expense, such road to a
condition equal to that existing at the time of such damage and to the approval of
the Director. No public road outside the limits of the said Lands shall be closed
without the prior written approval of the authority having jurisdiction over such
public road. The OWner agrees not to use or occupy any untravelled portion of any
public road allowance without the prior written approval of the authority having
jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The OWner shall, prior to the placement of the base course of asphalt on any road
required to be constructed under this Agreement, remove any contamination of the
granular base course and repair and replace such base course, where necessary, to
the approval of the Director, in order that the construction of such road shall not
have suffered due to any use of the granular base course as a temporary road.
Similarly, the OWner shall, prior to the placement of the surface of asphalt on any
road required to be constructed under this Agreement, clean the base course of
asphalt and repair and replace such base course where necessary.
L.R.: 26.7.88
~-L-
Schedule "L"
- 2 -
8. WEED AND RAT CONTROL
After the commencement of construction the OWner shall institute upon the Lands a
program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
) 1',
)
)
)
)
)
)
)
)
)
)
-:::.f. v:> I ,,:>"( v,,{l s:
MAYOR
~,e If2 f Cr
CLERK
WALTER SCHLEISS
~~
RAYMOND D. HOLLAND
TIW ~~?1J
L.R.: 26.7.88
~)
THIS IS SCHEDULE "M" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
september, 1987.
USE OF SAID LANDS
The OWner agrees that the said lands shall not be used for any purpose other than
as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
LOTS 1 TO 13 INCLUSIVE
SINGLE FAMILY DETACHED
DWELLINGS
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L.R.: 26.7.88
)
)
)
)
)
)
) ().
)
)
)
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)
)
)
)
)
WALTER SCHLEISS
~(,~o-
HOLLAND
~oI
RAYMOND D.
TI;{V
.
~~
THIS IS SCHEDULE "N" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
september, 1987.
LANDS UNSUITABLE FOR BUILDING
The OWner agrees that no application will be made for a Building Permit for the
erection of any structure on the said lands listed in the following table, until
the conditions listed in the following table have been satisfied to the approval of
the Directors of planning and Public Works and/or any other Authorities having
jurisdiction.
LOT OR BLOCK NUMBER
CONDITIONS TO BE SATISFIED
- NOT APPLICABLE -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
L.R.: 26.7.88
)
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::T. WI ..n- t:f 12 S
MAYOR
CLERK
WALTER SCHLEISS ( ~~ ~
~~
HOLLAND
#d~~
RAYMOND D.
TIT~
/
~~
"
THIS IS SCHEDULE "0" to the Agreement which has been authorized and approved by
By-law NO. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
September, 1987.
LANDS REQUIRING SITE PLAN APPROVAL
The OWner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table until a
site plan agreement has been entered into with the Town and the building permit
complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
- NIL -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
-::J. t...:. . #J-r' ..,tej
MAYOR
P. ~ /t72.. e I &r
CLERK
WALTER SCHLEISS
~ ~..~
IT :
RAYMOND~ D. HOLLAND .)
TITLlf (1 ~~?t.
L.R.: 26.7.88
,
It
6.~
THI~ IS SCHEDULE "P" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
September, 1987.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR
EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: - NOT APPLICABLE -
The Town endeavours to collect from the developers of the lands abutting *, 50
percent of the road construction costs where external developers abut one side of
the road, and 100 percent of the road construction costs where external developers
abut both side of the road, and rebate said amount to the OWner.
The construction cost of these road works to be rebated is $*.
The above figure represents the estimated road construction cost based on the
engineering drawings as outlined in Schedules "G" and "J" and approved by the
Director of Public Works. upon completion of the road construction, the above
estimated cost shall be updated to reflect the "as constructed" costs and
SUbsequently be approved by the Director of Public Works.
There shall be no reimbursement by the Town to the OWner for improvements to the
external roads.
2. STORM DRAINAGE: - NOT APPLICABLE -
In accordance with Section 5.27 of the Agreement and Schedule "G" (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
collect and reimburse the OWner, fifty percent of the sewer construction costs
where external developers abut one side of the sewer, and one hundred percent of
the sewer construction costs where external developers abut both sides of the
sewer, and for all excess capacity required for external drainage.
The construction cost of these sewer works to be rebated is $*.
The above figure represents the estimated construction cost based on the
engineering drawings as outlined in Schedules "G" and "J" and approved by the
Director of Public Works. upon completion of the storm construction, the above
estimated cost shall be updated to reflect the "as constructed" costs and
subsequently be approved by the Director of Public Works.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
) p..& ke t!,
)
: WAL~~
)~
)
)
)
)
)
MAYOR
CLERK
RAYMOND D. HOLLAND
~fi~c;/
TI~
L.R.: 26.7.88
.
6."-
THIS IS SCHEDULE "Q" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
september, 1987.
CONSERVATION AUTHORITY'S WORKS
1. The owner covenants and agrees, that prior to the initiation of grading and
prior to the registration of this plan or any phase thereof, the owner shall
submit for the review and approval of the Central Lake Ontario Conservation
Authority and the Ministry of Natural Resources, lot grading plans and a
detailed Engineering and Drainage Report that describes the storm water
management techniques and the proposed methods for controlling or
minimizing erosion and siltation on-site and/or in downstream areas during
and after construction.
2. The owner covenants and agrees, that prior to any grading, filling or
alteration to vegetation on the site, the owner shall prepare a tree
preservation, tree planting and fencing program for the subject property to
the satisfaction of the central Lake Ontario Conservation Authority.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
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)
)
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)
L.R.: 26.7.88
MAYOR
J
CLERK
WAL~~
(;fJ
RAYMOND D.
~v
TITLE: .
HOLLAND
~~.~/
,
,
~.'i>
THIS IS SCHEDULE "R" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the TOwn of Newcastle, enacted and passed the 28th day of
September, 1987.
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
up to $100,000.00
4% to a MAXIMUM of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of calculating the Engineering and Inspection Fees as contemplated
by this Schedule, the estimated costs of works shall include the Cost Estimates as
specified in Schedule "J" hereto, and shall also include the estimated cost of
Regional services.
The aforesaid amount is to be paid prior to issuance of the authorization to
commence for each respective phase.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
) P.J$PTN-el ~ DEPu:r1
)
) WALTER SCHLEISS (/-, /?./ -"
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MAYOR
CLERK
RAYMOND D. HOLLAND '-
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L.R.: 26.7.88
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THIS IS SCHEDULE "s" to the Agreement which has been authorized and approved by
By-law No. 87-155 of the Town of Newcastle, enacted and passed the 28th day of
september, 1987.
REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
SEE ATTACHED
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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L.R.: 26.7.88
MAYOR
CLERK
WALTER SCHLEISS
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RAYMOND D. HOLLAND
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Attachment No.2 to letter dated December 1, 1987
From: Dr.~. ~ichael. Commissioner of Planning
To: ~r. Walter Schleiss & ~r. Raymond Holland
Re: Plan of Subdivision 18T-86068
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF
SUBDIVISION WILL BE AS FOLLOWS:
1. That this approval applies to draft plan of subdivision
18T-86068. prepared by Proctor and Redfern Limited, identified
identified as Number 86223-F41 dated October. 1986, which is revised in red
as per the attached plan showing 13 lots for detached dwellings.
2. That the owner shall convey land to the Town of Newcastle for park or other
public recreational purposes in accordance with the Planning Act.
Alternatively. the municipality may accept cash-in-lieu of such conveyance.
3. That such easements as may be required for utilities, drainage and servicing
purposes shall be granted to the appropriate authority.
4. 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.
5. That prior to the initiation of grading and prior to the registration of
this plan or any phase thereof. the owner shall submit for the review and
approval of the Central Lake Ontario Conservation Authority and the ~inistry
of Natural Resources, lot grading plans and a detailed engineering and
drainage report that describes the storm water management techniques and the
proposed methods for controlling or minimizing erosion and siltation on-site
and/or in downstream areas during and after construction.
6. That prior to any grading, filling or alteration to vegetation on the site,
the owner shall prepare a tree preservation, tree planting and fencing
program for the subject property to the satisfaction of the Central Lake
Ontario Conservation Authority.
7. That the owner shall provide for the extension of such sanitary sewer and
water supply facilities which are external to, as well as within the limits
of the plan which are required to service such plan. In addition. the owner
shall provide for the extension of sanitary sewer and water supply
facilities within the limits of the plan which are required to service other
developments external to his subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed as per the standards
and requirements of the Region of Durham; all arrangements, financial and
otherwise, for said extensions are to be to the satisfaction of the Region
of Durham and are to be completed prior to final approval.
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DURHAM
The Regional
Municipality
of Durham
Planning
Department
Box 623
105 Consumers Dr,
WhitbY. Ontario
Canada, L1 N 6A3
(416) 668-7731
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April 21 t 1988
Mr. Walter Schleiss and
Mr. Raymond Holland
c/o 17 Swiss Heights Drive
Oshawa, Ontario
LlH 7K5
Dear Gentlemen:
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APR 22 1988
mWN OF NE~MCA5nE
PU\NNING DEPARTMENT
DR. M. R. MICHAEL, M.C.I.P.
Commissioner of Planning Re: Amendments to Conditions of Draft Approval
Pl an of SUbdj,v"J.si on",,"~, .
File No.: 18T-86068/A;so Quote Ref. No.: 6126
Municipality: Town of Newcastle
Please be advised that the conditions of draft approval for the
above-noted plan of subdivision, as issued on March 22, 1988, are
hereby amended as follows:
Conditions.ll(d) and llCe)
These conditions are deleted.
This amendment is necessary to reflect the Region's recently
adopted approach, which includes a special levy, for dealing with
well interference.
Yours very truly,
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Dr. M. Michael, M.C.!. .
Commissioner of Planning
NC:jad
cc ~wn of Newcastle, Planning Department
Ministry of Municipal Affairs
Regional Clerk
Mr. G. Crawford, Works Department
Ministry of Natural Resources
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8. 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 capacity are available to the proposed subdivision.
9. That prior to final approval of the plan, the owner shall satisfy all
requirements, financial and otherwise of the Town of Newcastle. This shall
include among other matters, execution of a subdivision agreement between
the owner and the Town of Newcastle, concerning the provision and
installation of roads, services and drainage, and other local services.
10. That prior to final approval of the plan, the owner shall satisfy all
requirements. financial and otherwise, of the Region of Durham. This shall
include, among other matters, execution of a subdivision agreement between
the owner and the Region of Durham concerning the provision and installation
of sanitary sewer, water supply, roads and other regional services.
11. That the subdivision agreement between the owner and the Town of Newcastle
shall contain, among other matters, the following provisions;
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a)
The owner agrees to carry-out. or cause to be carried-out, to the
satisfaction of the Central Lake Ontario Conservation Authority and the
~inistry of Natural Resources the recommendations referred to in the
plans and report as required in condition 5.
The owner agrees to carry-out or cause to be carried-out, to the
satisfaction of the Central Lake Ontario Conservation Authority, the
tree preservation, tree planting and fencing programme as required in
Condition 6.
b)
c)
The owner agrees to insert in the sale and purchase agreements and to
register on title on affected lots the following clause:
"Tree planting and' the preservation of native trees have been
incorporated into this lot to encourage wildlife habitat, and to create
a leading protective edge for the woodlot which abuts this lot. For
these reasons. it is recommended that this vegetation be retained and
protected wherever'possible. For further information, please contact
the Cental Lake Ontario Conservation Authority."
The Owner agrees to i) engage a hydrologist to monitor existing wells
affected by the draft plan, ii) submit the hydrological monitoring
information to the Town of Newcastle and iii) be responsible for the
cost of being an independent hydrologist, appointed by the Town of
Newcastle, assess the validity of any reported well complaints and the
owner's hydrologist monitoring information.
If any well or private water supply, of any person, is interfered with
or dewatered, as a result of the construction of installation of
services, as verified by the Town's hydrologist, the owner agrees to
immediately make available to the affected party, firstly a temporary
supply of water at no cost to the affected party and secondly, to
provide a new well or restore the existing water system (well), at no
cost to the affected party, so that the water supplied to the affected
party prior to the interference; and thirdly, to negotiate any
connection charges with the affected party who wishes to connect to an
existing watermain.
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12. That prior to final approval, the Commissioner of Planning for the Region of
Durham, shall be advised in writing by:
a) The Town of Newcastle, how conditions 1,2,3,4,9 & 11 have been
sat i sf i ed ;
b) Central Lake Ontario Conservation Authorit~, how conditions 5,6,11a),11b) and
llc) have been satisfied;
c) ~in1stry of Natural Resources, how conditions 5 & lla) have been
satisfied;
NOTES TO DRAFT APPROVAL
1. As owner of the proposed subdivision, it is in your interest as well as your
responsibility to satisfy all conditions of approval in an expeditious
manner.
2. All plans of subdivision must be registered in the land titles system within
~he Durham Region.
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3. Where agencies requirements are contained 1n the subdivision agreement, a
copy of the agreement shall be sent to these agencies in order to facilitate
their clearance for final approval. These agencies are:
a) ~r. Chris Conti, Central Lake Ontario Conservation Authority,
100 Whiting Avenue,. Oshawa, L1H 3T3
b) ~r. W.H. Foreman, District ~anager, ~inistry of Natural Resources,
322 Kent Street West, Lindsay, K9V 2Z9