Loading...
HomeMy WebLinkAbout87-31 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87-31 being a By-law to authorize the entering into of an Agreement with Kiddicorp Investments Ltd. and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Kiddicorp Investments Ltd. and the said Corporation dated the day of , 1987, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of thi s by-l aWe BY-LAW read a first time this 23rd day of BY-LAW read a second time this 23rd day of BY-LAW read a third time and finally passed this February 1987 February February 23rd 1987 1987 day of ,-- \..t ~..'Il\ Province of n".", Ontario Document G'o~ral Form 4 - Land Registration Reform Act, 1984 DYE & DURHAM CO LIMITED Form No. 985 o j,:, , (1) Registry 0 (3) Property IdenUfler(s) Land Titles [J (2) Page 1 of 53 pages Block Property Additional: See 0 Schedule : "(4) Nature of Document APPLI CA TI ON TO REGI STER NOTI CE OF AN UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY - Section 74 of THE LAND TITLES ACT (5) Consideration >- ...J Z o w (f) :J w o u: LL o a: It ~ ., ~ ~ --- --- n/a Dollars $ "s"" ~ ~ .,;:;;0) (6 Description Parcel 9-2, Section -CON-I, being Part Lot 9, Concession I, Town of Newcastle, Regional Municipality of Durham (formerly Town of Bowmanville, County of Durham) designated Part I, Plan IOR-2327 New Property Identifiers Additional: See 0 Schedule Executions Additional: See 0 Schedule (7) This Document Conl8lns: (a) Redescription New Easement Plan/Sketch ! (b) Schedule for: : Additional o i Description 0 Parties 0 Other ~ (8) Thla Document prow"s as follows: SEE SCHEDULE ATTACHED - SUBDIVISION AGREEMENT APPLICATION TO REGISTER NOTICE OF AN UNREGISTERED ESTATE, RIGHT OR EQUITY UNDER SECTION 74 OF THE LAND TITLES ACT, (SUBDIVISION AGREEMENT) attached THE CORPORATION OF THE TOWN OF NEWCASTLE, having an unregistered estate, right, interest or equity in the land described in box (6) above, hereby applies under Section 74 of The Land Titles Act for entry of a Notice of Agreement in the reg i ster for the sa id parcel :,,,..1> Tif is ~'l", l:>. ~ NY.\~ I . 'TtGI2F ~J I'l-{. "7 H" A AM,c. DF J{j J) D I COi!.- PLN U IS ST'1.t:N.7 S~ L.....TD" ~ rif: Continued on SChedule 0 (9) Thla Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) THE CORPORATION OF THE TOWN OF NEWCASTLE Signature(s) Date of Signature y M 0 I 1987 ! 06 i 12 . . .. . : ... . . i' . Oi" . . . ., I ., i ! I . . . . . '. . ",' . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 0 i 0 . .J. . . ! :! i : i - . 0 .0. . . . . . . . .' . . . . . '_' . ..0.0 ! . . . 0 . : 0 . Of 0 . 0 i : t f : I . .. . . . .. . . . . 0 0 . . . . 0 . . .. 0 0 . 0 .. .. 0 0 0 . 0 . . 0 . . 0 . .. 0 0 . . . . .... .by' ~~~:~~. ~~. ~'!I~~~! .~?~~~~~~\............ . "' . . .0. . . 0 . . . 0 . . 000. "' "' 0 . . . ."' . .'"' . . . "'"'0. . . "' . . . . (11) Addre.. for Service 40 Temperance Street, BowmanvilIe, Ontario LIC 3A6 't;Z'.1 , (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature y M 0 KIDDICORP INVESTMENTS LTD. - Owner : I I ' . 0 . . . . . . . . "' . . . . . . . . . . . . . . . 0 . . . . . 0 . ~ . . . . 0 to", "' . 0 . I , I , I I , I I , o . . . . 0 . 0 . . . 0 . . 0 . . . . . . . . . . 0 . . . 0 0 0 0 . L . 0 . 0 . ~ "' . 0 . . . , , I I I I , I I I , I . I o . . 0 . . . . 0 0 0 . 0 . .0. . . . . . . . 0 . . 0 . . 0 . . ... . . . . 0' 0 0 . . . 0 , I I , I I I I I I I I , I . . 0 0 . . 0 . .. 0 . 00.00. . . . .. 0 . . 000.0. 0 . .00. . . . . 0 0 . . . o. 0000. . .... .. . . . . . . . . . . 0 .. . . . . . 0 0 0 0 000. . . . . . 0 ,0. . . . 0 . 0 . . . . 0 . . 0 . 0 . .. "' . 0 . . 0 0 00"'0. . . . .. 00' . . . . 0 0 . . . (13) Address for Service 30 Caristrap Street, Bowmanville, Ontario LIC 3Y7 (14) Municipal Addre.. of Properly (15) Document Prepared by: George L. Smith Barrister & Solicitor 226 Queen Street, Box 1599 PORT PERRY, Ontario LOB INO /sb >- ...J Z Registration Fee o w (f) :J w o u. u.. o a: o u.. Fees and Tax {o- Total !ID- 10174 /12/841 a.. 1 . THI~AGREEMENT made in quintuplicate this ;RA/G> day of ~"'~ 19 tlf ' / BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and . KIDOICORP INVESTMENTS LIMITED Hereinafter called the "0WNER" 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 1.79 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 rrortgagee 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 subdivi sian 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 COO1mission or other authority or cOO1pany 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 "Utiliti es"; 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.: 3.5.87 <. 3 .. - 1. - 1. DEFINITIONS In this Agreement: 1.1 IlCounci 1" shall mean the Counci 1 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 "S01icitor" shall mean the Solicitor of the Corporation of the Town of Newcastle; 1.7 "0wner" shall include an individual, an associ ation, a partnership or a corporation and wherever the singular is used herein, it shall be construed as including the plural. 1.8 "Commi ssioner" shall mean the Commi ssioner of Planni ng for the Region al Municipality of Durham. 1.9 "Minister" shall mean the Minister of Municipal Affairs and Housing, Ontario. 1.10 "Town" shall mean Council or any offi ci al, desi gnated 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 buil di ng permits for the lots or blocks covered by this Agreement. L.R.: 3.5.87 If ~ - z - 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 "~" and is hereinafter called the "Plan". The Owner sh~l 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 provi de 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 agreerrent 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 COO1mission 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 agreerrent 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 IIE" 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 whi ch woul d prevent the erection of a dwelling on 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, encunbrances 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 arrended, 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.: 3.5.87 5 - R - 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 ag-ees 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 irrevoccble 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: Kiddicorp Investments Ltd. 30 Caristrap Street BOWMANVILLE, Ontario LIC 3Y7 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 uncer 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 regi ster or permi t the regi strat ion 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, easerrents 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 liB II ; or L.R.: 3.5.87 b - i - (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 Agreerrent, or such agreerrent 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 comrrenced 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 agreerrent arrend 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 pro~r 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 "8" and all amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules (and without limiti ng the general; ty of the foregoing, in particular Schedules "8", nEil, "F", "GII, "N", "0", "P", and "QII) with the final plan of subdivision. 2.11 TOWN TO ACT PROMPTLY Wherever the Town, or the SOlicitor, or the Treasurer for the Town, or the Director, is required to take action pursuant to this Agreerrent, 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 assi gnment shall reli eve the subsequent owner of any of hi s 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 IIA" - ilLegal description of said Lands" Schedu 1 e liB II - "Plan of Subdivision for final approval II Schedule "C" - "Charges against said Lands" Schedule 11011 - "Oeveloprrent charges" Schedule "E" - "Grants of easements to be dedi catedll Schedule "FII - "Lands and/or cash to be dedi ca ted" Schedule "G" - "Works requi red" L.R.: 3.5.87 !X,;~ 7 . - ~ - Schedule IIWI - "Utilities required" Schedule III II - "Duti es of Owner's Engi neer" Schedule .IIJ" - IICost Estimatesll Schedule ilK II - IIInsurance Policies requi red II Schedule ilL II - "Regulations for construction" Schedule "M II - "Use of said lands" Schedule "N" - "Lands subject to building restri ct ions II Schedule 110" - "Lands requiring site planll Schedule lip II - "0versized and/or Extern al Servi ces II Schedule "QII - IIConservation Authority's Works II Schedule "R" - "Engineering and Inspection Fees" Schedule liS II - "Region1s Conditions of Approval II 2.14 MORTGAGE The Mortgagee does hereby postpone his mortgage to this Agreement with the intent that thi s 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.: 3.5.87 8 - " - 3 . F I NANC I AL 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 lieu 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 IMPROVErvENT CHARGES The Owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule "C" hereto. Such charges shall include the Town I 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 Muni ci pal Drai nage Act, 1975, and The Tile Orai n age Act, R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto, including the conmuted value of such charges falling due after the execution of thi s 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 "DlI 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 Ccmmence 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.: 3.5.87 9 - z - 3.8 INDEMNIFICATION OF TOWN AND INSURANCE The Owner covenants and agrees to indemnify the Town against all actions, causes of actions, suitst claims and demands whatsoever and howsoever caused, \'J1ich 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 Agreeme,nt. The Owner shall al so provide the insurance called for by Schedule "K" of this Agreement. 3.9 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 replacedt the Owner shall, prior to the issuance of the Certificate of Canpletion for such Workst 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 ten percent (10%) 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 completion as follows: (a) Initial state of Road Construction: the greater of two (2) years from the da e of issuance of the Certi ficate of Completion for the initial stage of road construction or upon the date of issuance of Certificate of Completion for the final stage of road construction. (b) Final Stage of Road Construction: one (1) year from the date of the issuance of Certificate of Canpletion for the final stage of road construct ion. 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 fail s to pay any costs payab le 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 maYt from time to timet 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 Workst plus ten percent (10%) 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 (1) The Owner agrees that the Town shall not be obliged to release to the OWner the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and (b) 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 (c) the Town has received the as-built drawings for such Works. L.R.: 3.5.87 /0 - g - (2) The Town shall release to the Owner the unused portion of any Maintenance Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof. 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 ot he rwi se req ui re s . (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 Muni ci pal Board heari ngs for the draft approval of Subdi vi sian l8T-86018 and amendments of the Town's By-law 84-63, as amended. (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 Agreerrent, 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 docurrents and calculations of charges for which the Town is seeking reimbursement. (5) The Owner shall pay to the Town for all engi neeri ng and ins pect ion cost s ; n accordance wi th the provisi ons of Schedule "R II hereto. 3.14 UNPAID CHARGES The due date of anY sum of mon~ 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 OCCUP ANC Y PE RM IT 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 Canadi an 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 as agreed in writi ng by the parti es. The Town agrees to permi t t he Letter of C redi t looged 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 the said lands are sold. The Town further agrees to release substituted portions of the Owner's Letter of Credit, in respect of occu pancy. 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.: 5.3.87 1/ - }8 - 4. PLANNI NG 4.1 APPROVAL OF TREE PRESERVATION PLAN - NOT APPLICABLE T he Owner sh all, pri or to the is suan ce of any Autho ri zat i on to C amren ce Works as provided herein, have received the written approval of the Director of Planning of a plan of the said Lands; hereinafter called the "Tree Preservation Plan" and showing thereon: (1) the location and approximate size of all existing trees over 30.5 em. in circumference at 1.5 m. above the ground; and (2) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. No work shall be done and no such trees removed until the Tree Preservation Plan is approved and only then, in accordance with such approved Plan. It is agreed by the Town that nothing in this paragraph shall prevent the Owner from removi ng trees that woul d otherwi se prevent it from carry; ng out the Works or from utilizing anY lot or block by reason of its inability to site a dwelling on such lot or block because of such trees. 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 "Mil 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 appl i cat ion for anY buil di ng permi tin 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 wh i ch a b uil di ng pe rmit 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 canpleted base course of asphalt, to the written approval of the Director unless otherwise approved by the Director. L.R.: 3.5.87 //1. -)-r- (3) all of the Works required to be constructed and installed uncEr such roads have been constructed and installed to the approval of the Director; and (4) all of the Utilities required to be constructed and instal led pursuant to Schedule II WI have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities. AlternativelYt the Town has received written confirmation from such authorities that sufficient financial securities have been received to cover the desi gn and installation of same; and (5) the Owner has provided the Director of Planning with a mylar and four copies of a street nunbering plan satisfactory to the Town and each street number shall permanently apply to the lot or block shown on the Plan and shall be provided by the Owner to all subsequent owners; and (6) the balance of all Development Levies have been paid in respect of the lot or block in the Plan for which the building permit is ~plied for; and (7) the Owner has deposited, and maintained in good standing, the Occupancy Penal ty fee as required by pa ragraph 3. 15 of thi s Agreerrent; 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 ful filled the condit ions with respect to the lots and blocks 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 "011 the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "011 as required by paragraph 4.4 of thi s Agreement. (10) the Owner has provided the Director of Planning with a mylar copy of the registered plan of this subdivision. (11) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standi n9. (12) the applicant has submitted a site plan satisfactory to the Director, and verified by the Ownerls 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 gradi ng of the lot and proposed access conforms to the approved lot 9rading plant and the Town's Design Criteria and Standard Detail Drawings. (13) the Owner has erected or caused to be erected a sign displaying all roadst 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 Plant Neighbourhood, or Hamlet Development Plant or an approved draft Plan of Subdivision. 4.6 MODEL HOMES AND ARCHITECTURAL CONTROL (1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the Owner may apply for bull di ng permits for up to four (4) model homes on Lots 11 and 12, Plan 18T-86018, provided that such application is in conformity with the requisite by-laws of the Town and The Ontario Building Codet 1980, provided that all building permit fees, occupancy penalty, performance guarantee and appropri ate developrrent levi es as provided for in this Agreement have been paid or provided, and that the developer has satisfi ed the Town that the fi nal grades of the 1 at are appropriate for the proposed building and that grading complies with the overall grading plan. L.R.: 3.5.87 13 - ~- (b) The Owner agrees that prior to issuance of building permits in respect of model homes, to obtain the approval of the Director of Public Works in respect of access to the model homes. Where an alternate access isad proposed to provide access to model homes, such access shall be of a standard acceptable to the Director of Public Works and the Fire Chief of the Town of Newcastle. (2) The Owner agrees that any model home shall be used for display purposes only and shall not be occupied for any residenti al purpose until such time as the provisions of paragraph 4.8 and 4.5(1) if applicable, of this Agreement have been complied with and if such model home is occupied for residential purposes contrary to this paragraph the provisions of paragraph 3.15 shall apply. (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 construct ion of all dwelli ngs 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 \\Ood sheeti ng materi al s. 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 Agreerrent of Purchase and Sale, he will require each builder purchasing from him to file, prior to applying for a buil ding 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 covenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its obligations under this Agreement; and (4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. (5) the Owner has inserted in the agreement to purchase entered into by the prospecti ve purchaser, not ice that the lands are subj ect to t he covenant s and obligations set forth in this Agreemen~, 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 authori zi ng the occupancy of any dwelli ng 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 "0ccupancy Permit". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any bun di ng unt i 1 : L.R.: 3.5.87 /1- - ].a' - (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 LV. required to be constructed and installed and connected to the building pursuant to Schedule "H" s 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 di sposal system to the written approval of the authori ty havi ng 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 buil~ng 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 dwelli ngs confirmation with respect to the compli ance with the provisions of Sub-paragraphs 4.8(1)s 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is to be provideds in writings by the Owner. Furtherrmre, 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 dwelli ng uni t. Fail ure to comply wi th the above wi 11 result in a reduct ion of the Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph 3.15. 4.9 SPECIAL CONDITIONS (1) Prior to any grading or construction on the site, the owner shall prepare lot grading and site drainage plans acceptable to the ~li nistry of Natural Resources. These plans will show all proposed surface drainage works and will describe the means to minimize on-site erosion and sediJrentation both during and after constructions particularly in the areas of Lots 6, 7 & 8 and Blocks 13s 17 and 18. They will al so contai n detailed i nfonnation regarding the type and placement of suitable sediment traps within the drainage ditch along the eastern boundary of the site which directs flow into Soper Creek. (2) The owner agrees to implement the lot grading, site drainage and sedimentation control plans referred to in Condition 14. (3) The owner agrees to provide the Ministry of Natural Resources with certification by a professional engineer that the works required as a result of the sedimentation control plan referred to in Condition 14 have been completed satisfactorily. L.R.: 3.5.87 /5 - JA - 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 IIG" hereto (hereinafter called lithe Works"). 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 responsib le for enteri ng into agreements wi th the appropri ate Public Utilities CORlJlission 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 "W. 5.3 OWNER'S ENGINEER The Owner shall retain a competent 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 Commence Works as provided herein, have received the written approval of the Director for all drawings of all of the Works hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for re-approval and further revisions if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. 5.6 APPROVAL OF GRADING AND DRAINAGE PLAN The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage Plan", and showing thereon the existing drainage pattern on all adjacent lands, all proposed grading and drainage works for the said Lands, indicating the direction of all surface drainage, including water from adjacent lands 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 works is commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for reapproval and revision, if required by the Director and no such work shall be done unless in accordance with the sai d revi sed and reapproved drawi ngs. 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 Commence Work as hereinafter provided, prepare for the approval of the Director of Public Works, a plan hereinafter called the "Staging P1an" which divides the Plan into stages for the construct ion, installation and mai ntenance of the Works and Util i ti es. L.R.: 3.5.87 /b - ~ - 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 mqy 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 whi ch the Owner proposes to construct and i nst all 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 Canmence 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 Estimatell, 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, herei nafter called a "Stage Cost Estimatell 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 IlAuthori zation to Commence Works ". The Owner shall onl y commence those Works permitted by the Authorization to Camrence 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 thi s 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 regi stered; 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 COlllTlunity Services of the landscape plans and "Park Site Masterplansll as required, by Paragraph 4.9 and as part of the works, more particularly referred to in Schedule "GIl. L.R.: 3.5.87 /7 -J.6 - (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 Perfomlance 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 Canrrence Works; and (19) the Owner has paid all costs due to the Town for oversizing and external services as required by paragraph 5.27 of this Agreement; and (20) notwithstanding the above the Owner mqy commence installation of the work as referred to in Schedule "G" hereto with the written aproval of the Director, prior to the registration of the Plan provided that Sections 3,4,7,8,9,10,11,13,14,15,16,17 and 18 of this Clause have been satisfied. No Certificate of Acceptance of the work, as referred to in Clause 5.25 of this Agreement, shall be issued by the Director, until the Plan has been registered and all other requirements relevant to the Certificate of Acceptance have been met. The construction or installation of any of the work pursuant to this clause shall, notwithstanding the aforementioned approval of the Director, be taken at the sole ri sk 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 requi re an Authori zati on to Commence Works for each stage of the Plan. If the Town has issued an Authorization to Commence Works for one stage of the Plan, in addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until: (1) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "JIl 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 Comme nce Wo rks . 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 Owner1s 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 mqy result in a completed installation that woul d 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.: 3.5.87 /8 - YI - 5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION All of the Works shall be constructed and installed in accordance wi th 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 ilL II 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 re:juired 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 authori zed in such Authori zation to Commence Works wi th 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 pro~rly 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 Oi rector, whose deci sion shall be fi na1. It is understood and agreed that the total costs shall include a management fee of thirty (30%) ~rcent of a contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thi rty (30%) percent of all. cha rges 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 un~r this agreement, then in anY such case the Director may notify the Owner and his surety in writing of L.R.: 3.5.87 19 - ].6 - such default and if the Owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately, at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any perfonnance 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 tenns 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 maki ng emergency repa i rs 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 damages 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 said Lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Oi rector and/or authoriti es responsib le for such services. The Owner further agrees to pay the cost of moving any of the Works installed under this Agreement, in driveways or so close thereto as in the opinion of the Director, will interfere with the use of the driveway. (2) The Owner agrees, prior to the commencement of any works upon the lands to cause to be carried out, at his expense, a ground water monitoring program around the perimeter of the site. The number, location, and frequency of observation of the piezometric observation wells shall be recommended by a hYdrogeologist and approved by the Director of Public Works. The Owner further agrees to undertake separate reports, to the satisfaction of the Director of Pub 1 i c Works, for each and every occurrence of ap parent well i nte rference cau sed by construction activity within the said lands and reported to the Town. (3) The Owner agrees to, if the well or private water supply of any person outside the Plan is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or (b) where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 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. L.R.: 3.5.87 :)0 - 1.8 - 5.21 MAINTENANCE OF ROADS AFTER COMPLETION (l) 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. (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 wi th written confirmati on thereof, referred to herei n as a "Cert i fi cate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) Such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and instal led 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 Conrrence Works, there are no outstanding claims relating to such Works. 5.23 PERIOD OF REQUIRED MAINTENANCE OF WORKS The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period as follows: (a) Initial Stage of Road Construction: the greater of, two (2) years from the issuance of the Certlficate of Completion for the initi al stage of road construction or upon the date of the issuance of the Certificate of Completion for the final stage of road construction. (b) Final Stage of Road Construction: one (1) year from the date of the issuance of Certificate of Completion for the final stage of road construct ion. 5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE The Owner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certi ficate of Acceptance shall be L.R.: 3.5.87 d-I - ~ - issued until all of the Works covered by such Certificate of Canpletion have been inspected by the Director and the Town Council has approved the wri tten report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. 5.25 OWNERSHIP OF WORKS BY TOWN The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certi ficate of Acceptance shall vest in the Town and the Owner shall have no right or claim thereto, other than as an Owner of land abutting a road in which such Works are installed. 5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued until: (1) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Town, has provided the Town with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundi ngs, 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 a~l 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 herei n . 5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (1) In the event that the Owner is required to install oversized services (hereinafter called "0versized Services") or services outsi de the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the Owner that portion of the cost of the Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Servi ces shall be the capaci ty 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. L.R.: 3.5.87 , j ~~ - ?{ - (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. 5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS Even after the issuance of the Certificate of Release the registered owner of each lot or block on the Plan shall have the sole responsibility for the following: (1) The registered owner shall be responsible for providing and maintaining adequate drainage of surface waters from such lot or block in accordance with the approved lot grading and drainage plans referred to in Paragraph 5.6 herein. (2) The registered owner of a lot or lots within the Plan, shall be responsible for compliance with the terms of Paragraph 4.5 "Requirenents 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 3.5.87 KIDDICORP.I~;ED. &--/ ~L 11 fLE: IMNNV 7: NI1J.../'?I/lIeN TIlLE: s . c23 THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of february, 1987. LEGAL DESCRIPTION OF SAI D LANDS ALL AND SINGULAR that certain parcel of land and premisest situated, lying and being in the Town of Newcastle in the Regional Municipality of Durham, and being composed of that Part of Lot 9, Concession 1, formerly in the Town of Bowmanville, County of Durham, designated as Part I, Plan lOR-2327 (being Parcel 9-2, Section -CON-1, Newcastle, Bowmanville. 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. SIGNEDt SEALED AND DELIVERED ) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) loR.: 3.5.87 THE TOWN OF NEWCASTLE KIDDICORP INV9-1.M~S L.IMIT. ED_ ~/-r~ ~ TI TLE: IIRN/Uil /. flIlL/'?IN~N TIlLE: r24 THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. PLAN OF SUBDIVISION (copy of final plan prior to registration) copy of 18T-86018 copy of 10M Plan IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fi rst above written and the parti es 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.: 3.5.87 ~.- / " TITLE: IMN/IIU T. Hm..J1/fI)ENj PReS/DeN! TI ILE: ;;'5 THIS SCHEDULE IS SCHEDULE IIC II to the Agreement which has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES (to be paid where app 1 i cab le, ulX>n execution) (2 ) LOCAL IMPROVEMENT CHARGES (to be paid where applicable, ulX>n execution) (3) DRAINAGE CHARGES (to be paid where applicable, upon 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 3.5.87 K~O; :~ LIMITE~ 11 1 LE: liflNI/JU T.. tfflLMIIVi6N; &u-c Lcf...uyU TI lLE : Jb THIS SCHEDULE IS SCHEDULE 11011 to the Agreement which has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. DEVELOPflf:NT CHARGES The Owner shall pay to the Town development charges in the amount of $15,251.76 (calculated at the rate of $663.12 for each dwelling unit) which shall be paid as follows: 100% of the aforesaid sum forthwith upon the date of execution of this Agreement 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 basi s against all lots or blocks within the Plan upon which it is contemplated by this Agreement that resi dences shall be bui It but, upon the issuance of the fi rst 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 development charges actually paid to the Town (if any) shall be appl; ed 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 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 herei n 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 3.5.87 DAulO ~ C - KI::; ~ LlMI:m 1 ITLE: HIiNNtJ I. Hfl/..t1/NE./IJ ~ TI ILE: :27 THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. GRANTS OF EASEMENTS TO BE DEDICATED The Owner shall deliver to the Town in a form satisfactory to the Town the fOllowing easements: to be provided by Owner 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) TITLE: ) loR.: 3.5.87 T l1/tLH IItJJ?:N ) 8Lw~ dS THIS SCHEDULE IS SCHEDULE IIFII to the Agreement which has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. LANDS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS The Owner shall deliver to the Town deeds to the followi ng land: Block 16, Plan 10M- Block 13, Plan 10M- Blocks 17 & 18, Plan 10M- Blocks 14 & 15, Plan 10M- (2) CASH IN LIEU OF LANDS in a form satisfactory to the Town, road wi denin9 wal kway openspace - not parkland dedication 0.3 Metre Reserves 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 $1, being $1, ""l1n iA' IUle8titieA sf 1:I,is A~rWl!!lIncllt) G ,P~ 7"1> r~ ~;.sSi1Y~t::"4!! ~ ~ M ~ """r_/~"'-;-- .Jl5 u.-~ ev....... IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fi rst above written and the parti es 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) TITLE: ) L.R.: 3.5.87 :L<-J THIS SCHEDULE IS SCHEDULE "GlI to the Agreement which has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. WORKS REQU IRED 1. STORM SEWER SYSTEM The Owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls and any other appurtenances as may be required in accordance with the Town of Newcastle I s Desi go Criteri a and Standard Drawl ngs. 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 Muni ci pal i ty for the di sposal of sto rm water from the sa i d lands. 2. ROADWAYS The Owner shall construct and install the following services on the various streets, shown on the Plan as follows:- (a) pavement widths to be applied to the following streets:- Soper Court (8.5 metres) (b) The grading and paving of all streets, including the installation of Granular "AlI and Granul ar "B" materi al to provi de a proper base for pavi ng, shall be as per the Town of Newcastle Design Criteria & Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets, as per the Town of Newcastle's Design Criteria and Standard Drawings. (d) The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, as shown on the approved Engineering drawings. The Owner agrees to the grading and paving of all drivewqys 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 si dewal ks, where si dewalks are installed, and in all other cases, the grading and gravelling of the driveway between the curbs and the lot lines. (e) (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. The Owner agrees to the, topsoi li ng and soddi ng of the bou leva rds betr.ee n the curbs and the property line, as according to the Town of Newcastle's Design Criteria and Standard Drawings to the satisfaction of the Director of Publ i c Works. (g) L .R.: 3.5.87 30 Schedule "GII - 2 - (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. (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) one tree on each lot, as per 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 cm. in caliper, staked and bagged as necessary. 3. PEDESTRIAN WALKWAYS The Owner agrees to construct, install and maintain completed pedestrian wal kways, incl udi ng all appurtenant fenci ng and 1 i ghti ng, in accordance wi th Engineering Drawings to be approved by the Director of Public Works, and shall be: (i) paved or concrete from edge to edge; (ii) properly drained; (iii) fenced and screened;' (iv) extended to the curb of any intersecting streets 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 circle shall be shown on the final plans as a block and shall be held by the Town until the extension of Street '~I at which time the block shall be conveyed without charge to the owners of the abutting lots. 5. CONSERVATION WORKS In addi tion to the work requi red 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, i ncl udi ng all appurtenant fences and all other apparatus, in accordance wi th 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. FENCl NG 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 required along the boundaries of: (i) along the rear boundaries of Lots 6,7 and 8 abutting Block 17 and 18 ..... 1.8 Metre high chain link fence as per Standard 603. (ii) along the flankage of Lots 7 and 8 abutting the walkway (Block 13) as per Standard 603 (1.8 metres). L.R.: 3.5.87 Schedule "G" 8. EXTERNAL WORKS 31 - 3 - The Owner agrees to pay Twenty-five Percent (25%) of the cost of reconstruction of Simpson Avenue abutting his lands. (a) (i) Storm sewer system and all appurtenances (i;) Installation of Granular "A" and "B" and pavi ng to a pavement width of 10 metres (iii) Curb and Gutters and Sidewalks (iv) Sodding of boulevards (v) Paving of driveway approaches (vi) Street lighting (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):- 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.: 3.5.87 KID~R~ I,N~D TITLE: I-!I1NAJU T HfMt1/Ni2.A.J, ~i.d..urLJ TITLE: j~ THIS SCHEDULE IS SCHEDULE "H'I to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. UTILITIES AND SERVICES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the lands, in the locations as approved by the Director. All electrical services are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Campany 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 arrang'e with the appropriate authority having juriSdiction for 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 arrangerrents have been made prior to the issuance of any Authorization to ComJrence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design,provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 4. GAS SUPPLY SYSTEM The Owner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equiprrent 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 provlslon and installation of a mail distribution system to service the said lands, in the location as approved by the Di rector. L.R.: 3.5.87 Page 2 of SCHEDULE "H" 33 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fi rst above wri tten and the parti es 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.: 3.5.87 ..J oH N K:C.ORP I N~~3JS ~~ITED /<~ TI1LE: J1fr/IJiVU Te It/fLH/IJEN ~u..oU'LilI7U TI 1 LE : 3J.f THIS SCHEDULE IS SCHEDULE 111" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. DUTIES OF OWNER IS ENGI NEERS 1. DESIGN WORKS AND PRIVATE WORKS The Owner's Engineers shall prepare the following for the approval of the Director: (a) the Engineeering 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 i nstal'ation of the Works and shall co-operate with the Town to obtain the necessary approvals for construction and install ation. 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installation of the Works and the Private Works and to perform the fo 11 owi ng: (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 perfonned in accordance with the contract doucltents; and (c) arrange for or carry out all necessary fi el d testi ng of materi al sand 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 ari se duri ng the construction and install ation; 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 IOOnthly basis, or at such other interval as approved by the Director. L . R. : 3.5.87 .-,,,...,,.. Schedule I 6. PREPARE AS CONSTRUCTED DRAWINGS 35 - 2 - The Owner1s 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 fi rst above written and the parti es 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.: 3.5.87 E TOWN OF NEWCASTLE -"" ., C-- '- / H/rNJl}{) T HI1LN)IV~N tJ..IU..JJ LCU.JY1.:J TITLE: 3b THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. KIDDICORP INVESTMENTS LTD. TOWN OF NEWCASTLE COST ESTIMATE STAGE I CONSTRUCTION ITEM DESCRIPTION ESTIMATED UN IT QUANT I TV UNIT P RI CE TOTAL STORM SEWERS 1. 300mm C.S.P. 2. 450nl1l Concrete Pipe 3. 1200mm Manhole 4. 1500mm D.I.C.B. Manhole 5. 450mm Concrete Endwall 6. Gabion Baskets 7. 150mm DR28 PVC Conn1s 8. Double Precast Catch Basin 9. 250mm Catch Basin Conn. 10. Single Precast Catch Basin m 169.00 $ 100.00 $16,900.00 m 47.00 120.00 5,640.00 m 7.00 650.00 4,550.00 m 3.00 1200.00 3,600.00 each 1.00 4500.00 4,500.00 m3 10.00 250 .00 2,500.00 each 23.00 600.00 13,800.00 each 1.00 1500.00 1,500.00 m 29.00 100.00 2,900.00 each 1.00 1000.00 1,000.00 Sub Total $56,890.00 ROADS AND GENERAL 1. Rough Grading and Excavation m3 1200.00 $ 4.00 $ 4,800.00 2. 100mm Perforated Pipe Underdrain m 258.00 12.00 3,096.00 3. Granular B. Materi al (300mm) m3 560.00 16.00 8,960.00 4. Granular A. Material (15Omm) m3 240.00 22.00 5 , 280 .00 5. Base Curbs m 258.00 20.00 5,160.00 6. Fine Gradi ng (Road) m2 1750.00 1.00 1,750.00 7. Street Lights each 2.00 1500.00 3,000.00 8. Street Name Sign each 1.00 500.00 500.00 9. Clearing sum 1.00 1500.00 1,500.00 10. Snow Fencing & Straw Bales m 120.00 10.00 1,200.00 11. Base Course Asphalt m3 85.00 120.00 10,200.00 12. Utility Duct Road Crossing each 2.00 500.00 $ 1,000.00 Sub Total $46,446.00 STAGE I I CONSTRUCTION 1. Top Curb m 258.00 $ 20.00 $ 5,160.00 2. Fi nal Course Asphalt m3 85.00 130 .00 11,050.00 3. Adjust Manhole Rims each 4.00 250.00 1,000.00 4. Adjust Catch Basin Rims each 1.00 250.00 250.00 5. Grade Boulevard m2 1420.00 2.00 2,840.00 6. Sod Boulevard Including Simpson m2 1000.00 4.00 4,000.00 7. Repair Drivew~s each 23.00 200.00 4,600.00 8. Conc. Si dewalk Simpson m 86.00 50.00 4,300.00 9. Conc. Sidewalk Court m 84.00 45.00 3,780.00 10. Pave Driveways each 8.00 250.00 2,000.00 II. Concrete Wal kw~ (Includi ng Fence) m 25.00 200.00 5,000.00 12. 120m Chainlink Fence m 105.00 40.00 4,200.00 (rear of Lots 6,7,8) 13. 1 Tree for each lot each 12.00 100.00 1,200.00 Sub Total $49,380.00 SUMMARY TOTAL PERFORMANCE GUARANTEE $ 56,890.00 46,446.00 $ 49,380.00 $152,716.00 7,635.80 $160,351.80 15,271.60 $175,623.40 Storm Sewers 1st Stage Roads 2nd Stage Roads Sub Total 5% Engineering & Contingencies Sub Total 10% Engineering & Contingencies Page 2 of Schedule "J" KIDUICORP INVESTMENTS LTD. TOWN OF NEWCASTLE COST ESTIMATE FOR CASH CON1RIBU1ION ON SIMPSON AVENUE ESTIMATED UNIT ITEM DESCRIPTION UNIT QUANTITY P RI CE 1- 300mm Concrete Pipe m 74 . 98 $ 100.00 2. Single Precast Catch Basin each 1.00 1200.00 3. Excavation m3 580.00 5.00 4. 100mm Underdrains m 124.00 12.00 5. Fi ne Gradi ng m2 826.00 1.50 6. Granular B Materi al (375mm) m3 321.00 16.00 7. Granul ar A Materi al (150mm) m3 106.00 22.00 8. Full Curb & Gutter m 124.00 32.00 9. Binder Asphalt (80mm) m3 56.50 120.00 10. Final Course Asphalt (4Omm) m3 28.00 130.00 11. Fine Grade Blvd. (West Side) m2 364.00 2.00 12. Topsoil & Sod Blvd. (West Side) m2 364.00 3.50 13. Repair Driveways each 2.00 250.00 14. Sidewalks (West Side Simpson) m 74.98 50.00 Sub Total 15% Engineering & Contingencies Tot al Cost Developer1s Constribution at 25% COST ES Tl MATE FOR REIMBURSEMENT FOR CONSTRUCTION OF SIDEWALKs AND WALKWAY 37 TO TAL $ 7,498.00 1,200.00 2,900.00 1,488.00 1,239.00 5,136.00 2,332.00 3,968.00 6,780.00 3,640.00 728.00 1,274.00 500.00 3,749.00 $42,432.00 $ 6,364.80 $48 , 7 96 . 80 $12,199.20 ESTIMATED UNIT DEVELOPER1S UNIT QUAATITY P RICE TO TAL OJNTRWUTION 1- Sidewalk (East Side of Simpson m 81.30 $ 50.00 $ 4,065.00 $ 4,065.00 Abutting Lot 1 and Lot 12, plus connection to existing North Sidewalk) 2. Sidewalk on Soper Court m 84.00 45.00 3,780.00 945.00 3. Concrete Walkway off Soper Court m 50.00 200.00 10,000.00 2,500.00 from north end of Block 13 to south end of Block 13 Sub Tot a 1 s 15% Engineering & Contingencies $ 17,845.00 $ 7,510.00 $ 2,676.75 $ 1,126.50 TOTAL COST $ 20,521.75 $ 8,636.50 Reimbursement to Developer by Town $ 11,885.25 SUJIt1ARY Kiddicorp Investments Ltd. Cash Contribution for Future Reconstruction of Simpson Avenue Cash Contribution from the Town to Kiddicorp Investments Ltd. for Construction of Si dewal ks and Wal kways Kiddicorp Investments Ltd. Net Contribution to the Town of Newcastle $ 12,199.20 $ 11,885.25 $ 313.95 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, 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. loR.: 3.5.87 Page 3 of Schedule "J II 3g IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parti es hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authori zed in that behal f. SIGNED, SEALED AND DELIVERED ) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L .R.: 3.5.87 KID. DICORP INV~~S ~ITED ~/~. TI TLE: l-I flNN v T: II/1L/'1/ItJJZN (]JJWJirumi TI rLE : 39 THIS SCHEDULE IS SCHEDULE ilK II to the Agreement whi ch has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. INSURANCE POLICIES REQU IRED 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 Teasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indelTllify 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 Utiliti es or to any part or parts thereof respecti vely; and (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other thi ngs 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 di sposal 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 provi de the followi ng mi nimum coverages: (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death of, two or more pe rsons a ri si ng out of the same ac ci de nt; and (c) $1,000,000.00 for anyone occurance of property damage. The issuance of such policy or policies of insurance shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED .. _,...., ..' . ,,':.'" ;,of iii ,", '. '.... L' .. The policy or polices of insurance shall contain no coverage exemptions or limJJations for:.. (a) any shoring, underpinning, raising or demolition of any building or struc.tur.e; or (b) any pile driving or caisson work; or L.R.: 3.5.87 ~ 1-fO Page 2 of Schedule ilK" (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives. IN WI.TNESS Wt!EREOF the parti es hereto have hereunto set thei r hands and se al s the day and year fi rst above wri tten and the parti es hereto have hereunto · affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L .R.: 3.5.87 H TOWN OF NEWCASTLE l;)fWIJ:) ~Uu. W.E: .$ KIDDICORP IN~. .~ TME . L LIIMM~I~~D L--.7,~ TITLE: 1t/1/lJAJIJ I. flRI../'i/NF:-N) (;)JLJli) id.LmJ 1 ITLE : ~I THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 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 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 AgreelTEnt ensure that all pUblic roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the lands during the course of construction. If damaged, the Owner agrees to restore inmediately, 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 publ ic road. The Owner agrees not to use or occupy any untravell ed 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 Agreerrent, 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.: 3.5.87 Page 2 of Schedule "L" 8. WEED AND RAT CONTROL 4:1 After the comn~ncement 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 behal f. SIGNED, SEALED AND DELIVERED) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 3.5.87 KI~; V LIMITED _ TITLE: 1i1i/lJ/lJV r Hf7Lf'J lA/EN QJU.Du:i..JunY TI TLE: 43 THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. USE OF SAID LANDS The Owner agrees that the said lands shall not be used for any purpose otrer than as set out in the following table: LOT OR BLOCK NUMBER LAND USE Lots 1 to 12 In accordance with the provisions of By-law 84-63, as ame nded 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.: 3.5.87 .~cQ~ R KIDDICORP INVESTMENTS LIMITED C-/~ TI TLE: HIlAJ/lJv T: HI7LMlfI}.€AJ p~~ TI 1 LE : i.f4 THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. LANDS UNSUITABLE FOR BUILDING T he Owner agrees that no app 1 i cat;o n wi 11 be made fa r a B uil di ng Pe rmi t fa r the erection of any structure on any of 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 Lot s 7 & 8 Until easerents have been transferred to the Town of Newcastle and the Region of Durham. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seal s the day and year first above written and the parties hereto have hereunto affixed their corporate seal s by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) In the presence of: ) ) ) ) ) ) ) ) ) I ) ) ) ) ) L.R.: 3.5.87 THE TOWN OF NEWCASTLE ~. I .. I. KIDDICO~P INV~ENTS LIMITED ~r;~ -- TITLE: }/f}Nl'IlJ"T. IiRJ../?IA/~N CUJU./.)~ TI TLE : tt5 THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February. 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 - 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.: 3.5.87 TOWN OF NEWCASTLE ::rOI K~CO;~ LIM~TEO TITLE: liANA/v r: f//}lHINE./V ())JUJ:)~ tITLE: 4b THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 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 IG' & IJI and approved by the Director of Public Works. Upon completion of the road construction, the above estimated cost shall be updated to reflect the las 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 IG1 & IJI and approved by the Director of Public Works. Upon completion of the storm construction, the cbove estimated cost shall be updated to reflect the 'as constructed' costs and subseq~ently 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 3.5.87 OF THE TOWN OF NEWCASTLE lIJ:e!?S /) MAYOR ~[J-~~~_. LU. OAKES KIDDICORP INVEST NTS LIMITED G:---e TI TLE : ....--.e, /' / NflNIlJU T: HAO-i WEAl U>-.A.-U:) uiR.Jn.Y TI TLE : . iJ7 THIS SCHEDULE IS SCHEDULE IIQ" to the Agreement which has been authorized and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of February, 1987. CONSERVATION AUTHORITY'S WORKS (1) The Owner agrees that no grading or filling shall occur on the site without the written approval of the Central Lake Ontario Conservation Authority. (2) That Blocks 14 and 15 shall be zoned to prohibit buildings or structures other than those necessary for flood or erosion control. (3) Prior to the commencement of site preparation, including the rough grading of the access road, the Owner shall submit to the Central Lake Ontario Conservation Authority for approval, details of sedimentation control to be used through the development phase. (4) The Owner agrees to carry out the sedimentation control plan for the site as approved by Central Lake Ontario Conservation Authority. (5) The Owner agrees NOT to oppose the zoning provision noted in Condition 2 above. 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.: 3.5.87 THE TOWN OF NEWCASTLE . ((J_{L/~ {:)!1UiiJ W. OAX~S KIDDI CORP I NV L--...- ( flfTNNU HRJ..f-t JNEN 0Ju0 Ld.-AJi11 TITLE: . , . 11'3 THIS SCHED~LE IS SCHEDULE lIR" to the Agreement which has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of february, 1987. ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT Estimated Costs of Works Up to $100,000.00 $100,000.00 to $500,000.00 $500,000.00 to $1,000,000.00 $1,000,000.00 to $2,000,000.00 $2,000,000.00 to $3,000,000.00 $3,000,000.00 to $4,000,000.00 Fees 4% to a MAXIMUM OF $4,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $17,500.00 or 3% of the estimated cost of services - whichever is greater $30,000.00 or 2.5% of the estimated cost of services - whichever is greater $50,000.00 or 2.25% of the estimaten cost of services - whichever is greater $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of works shall include the Cost Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Regional services. The aforesaid amount is to be paid prior to issuance of the authorization to commence for each respective phase. 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.: 3.5.87 MA. YOR a0~. TITLE: }fHllJ/I)U T. HRt...J-1/J.)t;)J O--twLCliL,J0' TI TLE : . 119 THIS SCHEDULE IS SCHEDULE IISII to the Agreement which has been authori zed and approved by By-law No. 87-31 of the Corporation of the Town of Newcastle, enacted and passed the 23rd day of february, 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: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L.R.: 3.5.87 ~iA 'fOR .~~. '-- KIDDICORP INVE~N;J...YMITED_ L--'7~ TITLE: IIIlNAJU r: !lflLl1 /AJeJ./ ~wLu-nJ tITLE: . --~ $g. i ~ :$- , fi ..1. I ~. % 50 I../.i I ~-/ j)J'C Attachment No~ 2 to. letter dated March 19, 1987. From: Dr. M. Michael, Commissioner of Planning To: Kiddicorp Investments Limited Re: Plan of'Subdivtsion 18T-86018 Town of Newcastle '. CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF SUBDIVISION WILL BE AS FOLLOWS NO. -.' COND ITI ONS 1. That this approval applies to draft plan of subdivision 18T-86018. prepared by H. F. Grander Co. Ltd., dated November 13, 1986, which is revised in red as per the attached plan showing 12 lots for semi-detached dwellings and a number of blocks. 2. That the road allowances included in this draft plan shall be dedicated as public highway. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Newcastle. 4. That Block 16 shall be dedicated as public highway for the purpose of widening Simpson Avenue. 5. That 0.3 metre reserves as shown as Blocks 14 and 15 shall be conveyed to the Town of Newcastle. 6. That any deadends and/or open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserves to be conveyed to the Town of Newcastle. 1. That Block 13 shall be dedicated to the Town of Newcastle as a public walkway. 8. (a) That the owner agrees to pay to the Town of Newcastle, the cash value at the five percent (5%) parkland dedication in v lieu of parkland. (b) That the owner agrees to dedicate to the Town of Newcastle. the lands shown as Blocks 17 and 18 at no cost to the Town. 9. That such easements as may be required for utiliti~s, drainage and servicing purposes shall be granted to the appropriate authority. ,. . -~. :ii: 1.~.!i.... I .~.; "~. a J i !:: ~: Ze i: ::"'- !f 51 ! t -2- 10. That lots 1 to 12, inclusive 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. It. That the zoning by-law referred to in Condition 10 shall contain the appropriate provisions to restrict any building or structure other than those necessary for flood or erosion control on Blocks.17 and 18. r12l No grading or filling shall occur on the site without the written approval of the Central lake Ontario Conservation Authori ty. \. 1.3. Prior to the commencement of site preparation, including the rough grading of the access road, the owner shall submit to the Central Lake Ontario Conservation Authority for approval, details of sedimentation control to be used throughout the development phase. Prior to any grading or construction on the site, the owner shall prepare lot grading and site drainage plans acceptable to the Ministry of Natural Resources. These plans will show all proposed surface drainage works and will desfibe the means to minimize on-site erosion and sedimentation both during and after construction, particularly in the areas of lots 6, 7 & 8 and Blocks 13, 17 and 18. They will also contain detailed information regarding the type and placement of sui table sediment traps within the drainage ditch along the eastern boundary of the site which directs flow into Soper Creek. 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 s~wer 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. 16., 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. 14. 15. . l' ., i i {:~. it::: ~: it." 5:;" , /' ;' -3- 17. 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. 18. That the owner enter into a Development Agreement with the Town of Newcast le, and the Pub lic WorKs Department be kept informed of the Status at all times. 19. That the owner bears the costs (100%) of any works on Simpson ~ Avenue which are necessitated as a result of this development, to the sa1.sfacion of the Town of Newcastle. 20. That the owner contributes to the costs of reconstructing Simpson Avenue in accordance with the Town of Newcastle po 11 cy . 21. That the owner agrees to negotiate a cost sharing agreement with the Town of Newcastle for construct ion of a walkway to Soper Creek Park. 22. That the owner be required to construct 1.5 metre sidewalks along the frontage of Lot 1. the flank of Lot 12. along the south side of the cul-de-sac, and to pay 100% of the cost of a connecting link to the existing sidewalk on the east side of Simpson Avenue to the north of the cul-de-sac. 23. 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, concerning the provision and installation of roads. s~rvices and drainage, and other local services. 24. That the subdivJsion agreement between the owner and the Town of Newcastle shall contain, among other matters, the following provisions: .. ,a) The owner agrees to carry-out, or cause to be carried-out" to the satisfaction of the Central Lake Ontario Conservation Authority, the sedimentation control plan referred to in Condition 13. b) The owner agrees not to carry out grading or filling on the site without prior written approval being given by the Central Lake Ontario Conservation Authority. .. ':5t.:- 'eO' ~ ~ 1::. "'" rx. 3!? :'# i :t:: ~ $:. i $': i '* ;g. ':f/ ~ ~. i 5.3 ~ .. .... '" .. \. \ \ I \ \, "( l' ,l ~ . .1' , ' -4- (c~ The owner agrees not to oppose the zoning provisions referred to in Condition 11. d) The owner agrees to implement the lot grading, site drainage and sedimentation control plans referred to in Condit ion 14.. i ... e) The owner agrees to provide the Ministry of Natural Resources with certification by a professional engineer that the works required as a result of the sedimentation contro.l plan referred to in Condi tion 14 have been completed satlsfacatorlly. . 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 1,2,3,4,5,6,7.8.9, 10,11,18,19.20,21,22,23 and 24 have been satisfied; b) the Central' Lake Ontario Conservat ion Authority, row conditions 11,12,13.24{a), 24(b) and 24(c) have been satisfied; c) the Ministry of Natural Resources. how conditions 14, 24(d) and 24(e) haVQ-been satisfied. TO DRAFT APPROVAL 25. 1. As owner of the proposed subdivision. it is in your interest as well as your responsibility to satisfy all conditions of approval in ~n expeditious manner. 2. All plans of subdivision must be registered in the land titles system within the Durham Region. 3. Where agencies requirements are contained in 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) Mr. Chris Conti, Central Lake Ontario Conservation Authority,. 100 Whiting Avenue, Oshawa, LlH 3T3. b) Mr. W. H. Foreman, District Manager. Lindsay District, Mini~try of ~atural Resources. 322 Kent Street West, Lindsay, Ontario, K9V 4T7. . 4. When the municipality completes the preparation of the zoning by-law referred to in Conditions 10 and 11, the said by-law must be circulated to the Central lake Ontario Co~servation Authority. This would facilitate clearance by the said , agency.