HomeMy WebLinkAbout87-32
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87- 32
being a By-law to authorize the entering into of an Agreement with 677922
Ontario Limited and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporation1s seal,
an Agreement between 677922 Ontario Limited 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 this by-law.
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
" (LA.J .
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August 10. 1987.
Mr. V. Huttman,
786 Adelaide Avenue,
Oshawa, Ontario.
L1G 2A9.
Dear 51 r:
Re: Subdivision Agreement between The Corporation of the Town
of Newcastle and 677922 Ontario Limited. 18T-86058
Our File: 60.46.205.
Enclosed herewith 1s a copy of the subject Agreement. which was
registered 1n the Registry Office, Registry Dhision of Newcastle
(No. 10), on August 7. 1987, as Instrument Number 136802.
Yours truly, '
David W. Oakes, B.A., A.M.C.T., C.M~O..
Town Clerk.
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DWO/ms
Enclosure.
cc: Planning Department
PUblic Works Department
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DYE & DURHAM CO. LIMITED
Form No_ gas
Document General
Form 4 - land Reglstrallon Reform Act, 1984
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13680l
(1)' Registry f9
(3) Property
Identlfler(s)
land TlUes 0
(2) Page 1 of :ti pages
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Gl1IICAtI Of 1HISIIA1IOI
Block
Property
Additional:
See 0
Schedule
(4) Nature of Document
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NEWCASTLE' /' ,
No. 10 t;vv..lf./~4
SOWMANY:~~ LAND RE:GISTAAR /-
SUBDIVISION AGREEMENT
(5) Consideration
NIL-----------------------------
Dollars $
(6) Description
Additional:
See 0
Schedule
Part of Lot 24, Concession 5, (formerly Township of
Darlington) Town of Newcastle, Regional Municipality
of Durham, more particularly:
FIRSTLY: Part 4, Plan 10R-348, save and except parts
1 and 2, Plan 1 OR -22041" P p< I2Ts' l "" ~ (;),.:J 1<':> e :t '-l- 1 ~
SECONDLY: Part 1, Plan 10R-348, Parts 3 & 4, Plan
10R-2204, save & except Part 1, Plan 10R-685, save &
except Parts 5, 6, 7, 8, 9 & 10, Plan 10R-2204~
- ULLP.r: Save & except Parts 1, 2, 3, 4 & 5, Plan
10R-24 2.
(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
(b) Schedule for:
New Property Identifiers
Executions
Additional:
See 0
Schedule
o
Description 0
Additional
Parties
o Other I!]
(8) This Document provides as follows:
Continued on Schedule
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s) Date of Signature
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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(11) Address
for Service
40 Temperance Street, Bowmanville, Ontario
(12) Party(les) (Set out Status or Interest)
Name(s)
Date of Signature
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(13) Address
for Service
786 Adelaide Avenue East, Oshawa, Ontario LIG 2A9
vacant land
(15) Document Prepared by:
REID AND BROWN
Barristers & Solicitors
200 Bond Street West
Oshawa, Ontario
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(14) Municipal Address of Property
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BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the "TOWN" OF THE FIRST PART,
- and -
677922 ONTARIO LIMITED
Hereinafter called the 1I0WNER" OF THE SECOND PART
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GASCOIGNE/DELANEY IN TRUST
Hereinafter called the "MORTGAGEE" OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" heretot are hereinafter called the "Lands" and consti tute approximately
10.19 hectares;
AND WHEREAS the Owner warrants that it is the registered owner of the Lands;
AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the
Lands;
AND WHEREAS the Owner warrants that it has applied to the Regional Municipality
of Durham, hereinafter called the Region for approval of a plan of subdivision
of the Lands;
AND WHEREAS to comply with the Region's conditions for such approval, the Owner
has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has enteredt or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Region" to satisfy the requirements of the Regional Municipality of Durham,
financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the utilities referred to in Schedule "H" and hereinafter called "Utilities";
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
L. R .: 09 .4. 87
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DEFINITIONS
In this Agreement:
1.1 "Counci 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 "Di rector of Pl anni ng" shall mean the Di rector of Pl anni ng of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "0wner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 "Conmissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 "Minister" shall mean the Minister of Municipal Affairs and Housing,
Ontario.
1.10 "Town" shall mean Councilor any official, designated by Council to
administer the terms of the Agreement.
1.11 "Applicant" shall mean an individual, an association, a partnership or
corporation who applies for the necessary buil di ng pennits for the lots
or blocks covered by this Agreement.
L.R.: 17.3.87
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2. GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(1) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest.
(2) The Owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town
pursuant to the terms of this Agreement.
2.2 COpy OF PLAN AND AGREEMENTS REQUIRED
Subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the
execution of this Agreement, provide the Town with as many copies as the Town
requires of the plan of subdivision for the said Lands, which plan shall be the
plan prepared for approval by the Region. The said plan is attached hereto as
Schedule "8" and is hereinafter called the "Plan". The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or Agreement is in existence at the time
of the execution of this Agreement. If the approval or agreement with the
Region is not available at the time of the execution of this Agreement, the
Owner agrees to provide the Town with the Plan with the stamp of approval of the
Region and a copy of the Subdivision Agreement entered into with the Region,
immediately after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into wi th the Pub 1 i c Ut 11 i ti es Commi ss i on or
other authority or company having jurisdiction in the area of the said Lands for
the design and installation of the utilities, or, if such agreement or
agreements are not in existence at the time of the execution of this Agreement,
the Owner agrees to provide the Town with a copy of each such agreement
immediately after such agreement is signed.
2.3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, or such
later date as may be agreed by the Owner and the Town, but not later than the
registration of the Plan, deliver to the Town executed transfers of easements
free and cl ear of all encumbrances as set out in Schedule "E" hereto.
(2) If, subsequent to the registration of the Plan, but prior to the issuance
of a building permit in respect of a lot or block, further easements are
required for utilities or drainage, or other purposes, in respect of any lot or
block within the Lands, the Owner agrees to transfer to the Town such further
easements upon request. The Town shall not unreasonably request such further
easements, and in no event shall a further easement be requested which would
prevent the erection of a dwelling 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, encumbrances and easements, the lands set out in Schedule "F" hereto.
Such conveyance shall include the dedication by the Owner to the Town of the
lands required by the terms of The Planning Act, as amended, from time to time
to be dedicated for public purposes, other than for highways, unless the Town
has agreed to accept cash in lieu of such lands, as provided herein.
L.R. :
17.3.87
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~?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 fbr
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 ex~rcise its option, the Owner hereby agrees
to notify the Clerk of the Town in writing that the School Board has not
exercised its option and the Owner hereby grants to the Town an irrevocable
option to acquire such lands upon the same terms and conditions as the School
Board could have acquired the property, except that the Town shall exercise the
option hereby granted, in writing, within sixty (60) days of receipt of
notification from the Owner that the School Board has failed to exercise its
option and, the purchase of such Lands by the Town shall be completed within
ninety (90) days of the exercise of its option.
2.7 INTEREST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 NOTIFICATION OF OWNER
If any notice is required to be given by the Town to the Owner in respect of
this Agreement, such notice shall be mailed or delivered to:
Mr. Victor Huttmann
786 Adelaide Avenue East
OSHAWA, Ontario L1G 2A9
or such address as the Owner has notified the Town, in writing, and any such
notice mailed or delivered shall be deemed good and sufficient notice under the
terms of this Agreement.
2.9 REGISTRATION OF AGREEMENT
The Owner and Mortgagee hereby consent to the registration of this Agreement by
the Town and covenant and agree not to register or permit the registration of
any document after registration of the Plan of Subdivision on any land included
in the said Plan unless this subdivi sion 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
"B"; or
L.R.: 17.3.87
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(ii) the Plan of Subdivision is not finally approved by the Region and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the Owner and the Region has not been executed
at the time of the execution of thi s Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of such
.agreement affect materially the location or si zing of any of the
Works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the Works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing and executed under the seals and hands of the proper
officers of each party.
(3) The parties hereto acknowledge that at the time of the execution of
this Agreement, only a red lined copy .of the plan of subdivision is in existence
and all descriptions in this Agreement and the Schedules annexed hereto refer to
the descriptions in the red line plan annexed hereto as Schedule "B". Upon the
final plan of subdivision being approved by the Minister of Housing the final
plan shall be substituted for the red lined plan annexed as Schedule "B" and all
amendments necessary or requisite shall be made to conform with the descriptions
used in this Agreement and the Schedules (and without limiti ng the generali ty of
the foregoing, in particular Schedules "B", "E", "F", "G", "N", "0", lip II , and
"Q") with the final plan of subdivision.
2.11 TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is required
to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval, then such action, decision, confirmation,
authorizati~n, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this Agreement as fUlly and to all
intents and purposes as though recited in full herein:
ilLegal description of said Lands"
"Plan of Subdivision for final approval"
Schedul e "A" -
Schedule "BII -
Schedule lie II -
Schedule liD II -
Schedule liE II -
Schedule "F" -
Schedule "G" -
L. R.: 17.3.87
"Charges against said Lands"
"Deve 1 opment ch arges II
"Grants of easements to be dedicated"
"Lands and/or cash to be dedicated"
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"Works requi red"
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Schedule IIHII IIUti liti es requi redll
Schedule "111 - "Duti es of Owner's Engi neer"
Schedule "J" - "Cost Estimates"
Schedule ilK II - "Insurance Policies req ui red II
Schedule ilL II - "Regulations for construct ion"
Schedule 11M II - "Use of said 1 ands"
Schedule "NII - IILands subject to building restrictions"
Schedule "0" - IILands requiring site plan"
Schedule lip II - 1I0versized and/or External Servicesll
Schedule "Q" - IIConservation Authority's Works"
Schedule "R" - "Engineeri ng and I nspection Fees II
Schedule liS II - "Region's Conditions of Approval II
2.14 MORTGAGE
The Mortgagee does hereby postpone his mortgage to this Agreement with the
intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgage and the Mortgagee covenants and agrees that in
the event that he obtains ownership of the said lands by foreclosure or
otherwise, he shall not use or develop the said lands except in conformity with
the provisions of this Agreement.
2. 15 SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, administrators,
successors or assigns.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Director of Planning will recommend to the
Region that the plan be approved for registration.
L. R.: 17.3.87
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3. FINANCIAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all
Municipal taxes outstanding against the said Lands, as set out in Schedule "C"
hereto. The Owner further agrees to pay any municipal taxes which may become
due and payable by it, in respect of any of the said Lands, prior to the sale by
the Owner of such lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The Owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as
set out in Schedule "C" hereto. Such charges shall include the Town's share of
any local improvements which serve the said Lands and shall include the canmuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all drainage
charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage
Act, R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto,
including the commuted value of such charges falling due after the execution of
this Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
The Owner shall pay all development levies in the amounts and at the times set
out in Schedule "0" hereto. Notwithstanding the provisions of Schedule "D" as
to the times at which the development charges shall be paid, the Owner shall,
prior to the issuance of any building permit in respect of any lot or block, pay
all remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for public purposes, other than
highways, the amount of such cash payment shall be as set out in Schedule "F"
hereto. The Owner further agrees to pay to the Town on any such cash payment as
set out in Schedule "F" hereto, at the time of the execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to Commence
Work, lodge with the Town by cash or by means of an irrevocable letter of credit
issued by a chartered Canadian bank, guaranteeing the performance by the Owner
of the provisions of this Agreement. Such cash or irrevocable letter of credit
shall be in an amount equal to the Works Cost Estimate with respect to the Plan
or stage of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter collectively referred to as a "Performance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or
part of any Performance Guarantee if the Owner fails to pay any costs payable by.
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
L.R.: 17.3.87
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3.8 INDEMNIFICATION OF TOWN AND INSURANCE
The Owner covenants and agrees to indemnify the Town against all actions, causes
of actions, suits, claims and demands whatsoever and howsoever caused, Which
arise either by reason of the development of the said lands, or the undertaking
of the design, construction, installation and maintenance of the Works and
Utilities. The Owner agrees to indemnify the Town with respect to all such
claims notwithstanding the issuance of a Certificate of Release provided for in
this Agreement. The Owner shall also provide the insurance called for by
Schedule "K" of this Agreement.
3.9 MAINTENANCE GUARANTEE PERIOD
In order to guarantee that all defects in the Works which become apparent after
the issuance of a Certificate of Completion for such Works, will be properly
repaired or replaced, the Owner shall, prior to the issuance of the Certificate
of Completion for such Works, lodge with the Town a Mai ntenance 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 subj ect to the approval of the Town Treasurer, and sh all guarantee the Wo rks
from the date of completion as follows:
(a) Initial Sta e of Road Construction: the greater of two (2) years
rom e a e 0 lssuance 0 e ertificate 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 Sta e of Road Construction: one (1) year from the date of the
omp etion for the fi n al stage of road
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement, by the due date of the invoice for
such costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town shall not be obliged to release to the Owner the
unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
(2) the Owner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and
install ati on of the Works for wh i ch such Performance Guarantee was req uired,
there are no outstanding claims relating to such Works.
(4) the Town may, from time to time, reduce the amount of the val ue of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the value of the uncompleted Works, 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..... . r..
are no outstanding claims relating to such Works; and,:t':::XJ
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(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 otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall reimburse the Town
for all reasonable legal, planning, engineering and other technical advice and
assistance actually incurred by the Town in connection with the preparation for
and attendances at the Ontario Municipal Board hearings for the draft approval
of Subdivision l8T-86058 and amendments of the Town's By-law 84-63.
(3) The Owner shall reint>urse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement, and the legal
services contemplated by the terms of this Agreement, which shall include review
of performance guarantee and the preparation of any release.
(4) The Owner shaVl have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is seeking
rei mbu rsement.
(5) The Owner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule IIR" hereto.
3.14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days after the date of the invoice. Interest
shall be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates. The interest penalty charges will be the
same rate as charged on outstanding tax balances.
3.15 OCCUPANCY PERMIT
Prior to the issuance of the first building permit the Owner agrees to lodge
with the Town an irrevocable letter of credit annually renewable and issued by a
chartered Canadian bank in an amount of Ten Thousand Dollars ($10,000.00) to
guarantee that occupancy does not occur in respect of any lot or block before
the issuance of an Occupancy Permit for such lot or block. In the event that
occupancy occurs in respect of any lot or block before the issuance of an
occupancy permit contrary to paragraph 4.8, the Town may draw down said Letter
of Credit by an amount necessary to correct the default relative to occupancy.
In the event of such default, the Owner shall immediately restore the Letter
of Credit for the full amount of Ten Thousand Dollars ($10,000.00). So that the
amount of security deposit on hand with the Town always equals Ten Thousand
Dollars ($10,000.00). The Letter of Credi t 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 writing by the parties.
The Town agrees to permit the Letter of Credit lodged by the Owner to be
substituted, either in whole or in part, by a Letter of Credit submitted by the
builder to whom the Owner has sold a lot or block with the Plan. The Owner
agrees to obtain any such Letter or Letters of Credit, on behalf of and in
favour of the Town, at such time as any or all of the said lands are sold. The
Town further agrees to release substituted portions of the Owner's Letter of
Credit, in respect of occupancy.
It is noted that the Occupancy Deposit requirement is based on the following scale:
up to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$15,000.00
$20,000.00
$30,000.00
$50,000.00
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4. PLANNI NG
.
4.1 APPROVAL OF TREE PRESERVATION PLAN - NOT APPLICABLE -
,
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director of Planning
of a pl an of the said Lands, hereinafter called the "Tree Preservation Plan" and
showing thereon:
(1) the location and approximate size of all existing trees over 30.5 cm. in
circumference at 1.5 m. above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
No work sha1l 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 removing
trees that would otherwise prevent it from carrying 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 "M" hereto without the prior written consent of
the Town.
4.3 LANDS UNSUITABLE FOR BUILDING
The Owner agrees that the lots and blocks of the Plan which are set out in
Schedule "N" hereto are unsuitable for building purposes and that no application
will be made for a building permit for the erection of any structure on any such
lot or block until the conditions outlined in Schedule "N" hereto for such lot
or block have been satisfied to the approval of the Directors of Planning and
Public Works and/or any other authorities having jurisdiction.
4.4 LANDS REQUIRING SITE PLAN
The Owner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule "0"
shall be made until the Owner has entered into a Site Plan Agreement with the
Town respecting the development of such lot and unless the application for a
building permit complies in all respects with the terms of the said Site Plan
Agreement.
4.5 REQUIREMENTS FOR BUILDING PERMITS
Neither the execution of this Agreement by the Municipality nor the approval by
the Town of the Plan for registration, nor the issuance by the Town of any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of the said Lands.
The Owner agrees that no application for any bUilding permit in respect of any
of the said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across the
lot or block in respect of which a building permit is proposed to be
issued have been transferred to the Town; and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have been
constructed to at least the completed base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Director.
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(3) all of the Works required to be constructed and installed under such
roads have been constructed and installed to the approval of the
Director; and
(4) all of the Utilities required to be constructed and installed pursuant
to Schedule "H" have been constructed and installed to the approval of
the authorities having jurisdiction over such Utilities.
Alternatively, the Town has received written confirmation from such
authorities that sufficient financial securities have been received to
cover the design and installation of same; and
(5) SEE SECTION 4.5(10)
(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 applied
for; and
(7) the Owner has deposited, and maintained in good standing, the Occupancy
. Penalty fee as required by paragraph 3.15 of this Agreement; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the Owner has ful filled the conditions
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 ;s in respect of any lot or
block as set out in Schedule "0" the Owner has entered into a Si te
Plan Agreement with respect to the lots or blocks as set out in
Schedule "0" as required by paragraph 4.4 of this 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 standing.
(12) the applicant has submitted a site plan satisfactory to the Director,
and verified by the Owner's Engineer that the final grades of the
respective lot(s) or block(s) is appropriate for the building(s)
proposed to be constructed and the grading of the lot and proposed
access conforms to the approved lot grading plan, and the Town's Design
Criteria and Standard Detail Drawings.
(13) the Owner has erected or caused to be erected a sign displaying all
roads, lots and blocks within the approved Plan of Subdivision for the
said Lands sufficient to illustrate the future housing types and
distribution, the location of any parks, open space, school or
commercial blocks proposed on the said Lands, as well as all future
uses for lands abutting the said Lands as identified by an approved
Official Plan, Neighbourhood, or Hamlet Development Plan, or an
approved draft Plan of Subdivision.
4.6 MODEL HOMES AND ARCHITECTURAL CONTROL
(1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, the
Owner may apply for a building permit for One (1) model home to be
erected on Lot 14 as shown on the draft Pl an of Subdi vi sion as revi sed,
provided that such application is in conformity with the requisite
by-laws of the Town and The Ontario Building Code, 1980, provided that
all building permit fees, occupancy penalty, performance guarantee and
appropriate development levies as provided for in this Agreement have
been paid or provided, and that the developer has satisfied the Town
that the final grades of the lot are appropriate for the proposed
building and that grading complies with the overall grading plan.
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(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.
(2) The Owner agrees that any model home shall be used for display purposes
only and shall not be occupied for any residential purpose until such time as
the provisions of 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 desi gn and
construction of dwellings within the plan by requiring that the
exterior construction of all dwellings be at least 45 percent masonry
e.g. brick, stone or other earthern products, but excluding stucco and
concrete block, or at least 45 percent finished wood siding, excluding
plywood, particle board or other similar wood sheeting materials.
Notwithstanding the foregoing, vinyl or aluminium siding wnich
simulates finished wood siding may be substituted for finished wood
siding with the approval of the Director of Planning.
(b) the Owner covenants and agrees that in the Agreement of Purchase and
Sale, he will require each builder purchasing from him to file, prior
to applying for a building pennit, with the Town a Master Plan, to be
approved by the Town, for the lot purchased by the buil der/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
prospective purchaser, notice that the lands are subject to the covenants
and obligations set forth in this Agreement, and more particularly, Section
5.28 in respect of obligations of subsequent owners.
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUPY
Notwithstanding the requirements of any statute regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission
of the Town hereinafter called an "0ccupancy Permit". In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any
building until:
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-(cl) all of the roads whi ch are required to be constructed under thi s
Agreement, which will provide access to such building, have had the
application of the base course of asphalt, to the written approval of the
Director and the required street lighting system has been installed and
energized; and
(2) all of the storm drainage system required to be constructed and installed
to service such building has been constructed and installed to the written
approval of the Director, and the building has been connected thereto; and
(3) all of the Utilities, save telephone and cable T.V. required to be
constructed and installed and connected to the building pursuant to
Schedule "H", have been so constructed, installed and connected to the
written approval of the authorities having jurisdiction over such
Ut i1 i ties; 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 building has received all final inspections required pursuant to the
Building Act and/or the Plumbing Code.
(7) Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not been able to comply with the requirements of
sub-paragraph (5) by reason of seasonal, weather or other conditions
beyond the control of the Owner. Pri or to the "Temporary Occupancy" of
said dwelling, confirmation with respect to the compliance with the
provisions of Sub-paragraphs 4.8(1), 4.8(2), 4.8(3), 4.8(4) and 4.8(6) is
to be provided, in writing, by the Owner. Furthermore, the written
certification required in Section 4.8(5) shall be provided to the Town
within one (l) year of the date of "Temporary Occupancy" of said dwelli ng
unit. Failure to comply with the above will result in a reduction of the
Occupancy Deposit Letter of Credit pursuant to the provisions of Paragraph
3.15.
4.9 SPECIAL CONDITIONS
(1) The Owner shall, prior to any authorization to commence works, prepare and
submit, for the approval of the Town, complete site plans for all park and
open space blocks within the Plan and adjacent lands where required by the
Town. Said plans are hereinafter referred to as the Park Site Master
Plan and shall show thereon the following information:
i) the existing and proposed grades;
ii) the location of all future park furniture, signage, sports fields,
walkways, lighting and fencing, as well as related details for each
of the foregoing.
(2) Prior to any grading "or construction on the site, the Owner shall prepare
a Stormwater and Erosion Control Plan which shall be acceptable to the
Ministry of Natural Resources. This plan will show all proposed surface
drainage works and will describe the means to minimize erosion and the
direct discharge of stormwater flow into Black Creek.
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4~9 SPECIAL CONDITIONS Cont'd
(3) Prior to any grading or construction on the site, the Owner shall erect a
snowfence or other suitable barrier along the eastern boundary of the
subject lands. This barrier shall remain in place until such time as all
grading, construction and landscaping of the site are completed and shall
be maintained to prevent the placement of fill or removal of vegetation
within the valleylands of Black Creek.
(4) Prior to final approval, the Ministry of the Environment shall be in
receipt of a Hydrologist's Report which ascertains the availability of an
adequate supply of potable water to service the development. The report
should comment on existing quality as well as the potential for
cross-examination and well interference.
Prior to final approval, the Ministry of the Environment shall be notified
by copy of the fully executed subdivision agreement between the developer
and the municipality that the recommendations of the Hydrologist's Report,
as approved by the Ministry of the Environment, shall be implemented by
requirements of the Subdivision Agreement.
(5) The Owner further agrees to insert, in the Agreement to Purchase entered
into by the prospective purchaser, the recommended well type (dril led) and
depth as may be speci fi edby the approved Hydrol ogi st I s Report.
(6) The Owner covenants and agrees to satisfy the requirements of the Region
of Durham Health Department in respect of the installation of a drilled
well and septic tank system on each lot.
(7) The Owner acknowledges the existence of farming operations nearby and will
not object, complain or seek legal action against such nuisances as noise
and odour resulting from normal farming practices.
L . R. : 09.4.87
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5. PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule "GlI rereto
(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 responsible for enter~ng into agreements with the appropriate
Public Utilities Commission or other such authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the Utilities as more particularly referred to in Schedule "H".
5.3 OWNER'S ENGINEER
The Owner shall retain a competent Professional Engineer, registered by the
Association of Professional Engineers of Ontario and hereinafter called the
"0wner's Engineer", to administer this Agreement, whose duties are set out in
Schedule "1" 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
provi ded herein, have received the written approval of the Director for all
drawings of all of the Works hereinafter called the lIEngineerin9 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-approva1 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
Drai nage Pl an shall be resubmitted to the Director for reapproval and revi sian,
if requi red by the Di rector and no such work shall be done unl ess in accordance
with the said revised and reapproved drawings.
5.7 STAGING OF WORKS
If the Owner wishes to construct and install the Works and Utilities in stages,
the Owner shall, prior to the issuance of any Authorization to Commence Work as
hereinafter provided, prepare for the approval of the Director of Public Works,
a plan hereinafter called the "Staging Plan" which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
L. R. : 17 .3.87
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fhe Owner shall not proceed until such Staging Plan has been approved by
Director of Public Works, and shall proceed only in accordance with such
approved Plan, except as it may be subsequently amended with the approval of
the Director of Public Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the "Schedule of Works") which sets out the timing sequence
in which the Owner proposes to construct and install all of the Works and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, prior to the Authori zation to Commence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
schedule, except as it may be subsequently amended with the approval of the
Director.
5.9 APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to Commence
Work as hereinafter provided, the estimated cost of construction and
installation of all of the Works, hereinafter called the "Works Cost Estimate",
shall be approved by the Director and entered in Schedule "J" hereto. If the
Town has approved a Staging Plan for the said Lands, the Owner further agrees
that the estimated cost of construction and installation of the Works for each
stage, herei nafter called a "Stage Cost Estimate" shall be approved by the
Director and entered in Schedule "J" hereto.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of the
Works without the written permission of the Town, hereinafter called an
"Authorization to Commence Works ". The Owner shall only commence those Works
permitted by the Authorization to Commence Works. In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued for any of the Works until:
(1) the Plan has received final approval from the Region; and
(2) the Plan has been registered; and
(3) the Owner has delivered a registered copy of this agreement and copies of
the Plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the' Owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been
registered; and
(7) the Owner has delivered letters from the appropriate Public Utilities
Commission, or authority or company having jurisdiction, stating that
satisfactory agreements have been entered into for the design and installation
of the Utilities as required by paragraph 5.2 of this Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received written approval of the Directors of Public
Works, Planning and Community Services of the landscape plans and "Park Site
Masterplans" as required by Paragraph 4.9 and as part of the works, more
particularly referred to in Schedule "G".
L.R.:
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_(11) the Owner has recei ved the written approval of the Director of the Gradi ng
a~d Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) - NOT APPLICABLE -
(13) the Owner has received the written approval of the Director of Public
Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(15) the Owner has received the written approval of the Director for the Works
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this
Agreement; and
(16) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works as required by paragraph 3.6 of this Agreement and paid all cash
contributions, due to the Town, as required by Schedule "J"; and
(17) the Owner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and
(18) the Owner has paid all Town costs as required by paragraph 3.13 of this
Agreement as of. the date of the issuance of the Authorization to Canmence Works;
and
(19) the Owner has received the written approval of the Director of Public
Works as required within Paragraph 5.19(2) "Damages or Relocation of existi ng
services or neighbouring wells; and
(20) the Owner has received the written approval of the Ministry of Natural
Resources and Central Lake Ontario Conservation Authori ty required in Paragraphs
4.9(2) and 4.9(3) and Schedule "Q".
(21) notwithstanding the above the Owner may 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,
14,15,16,17,18,19 and 20 of this Clause have been satisfied. No Certificate of
Acceptance of the work, as referred to in Clause 5.25 of this Agreement, shall be
issued by the Director, until the Plan has been registered and all other
requirements relevant to the Certificate of Acceptance have been met. The
construction or installation of any of the work pursuant to thi s clause shall,
notwithstanding the aforementioned approval of the Director, be taken at the sole
risk of the Owner. The Owner shall save harmless the Municipality from any
action or cause of action resulting from the construction or installation of any
of the work as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging Plan for the said Lands, the Owner shall
require an Authorization to Commence Works for each stage of the Plan. If the
Town has issued an Authorization to Commence Works for one stage of the Plan, in
addition to any other requirements contained herein, no Authorization to
Commence Works shall be issued for any subsequent stage of the Plan until:
(1) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule "J" hereto; and
(2) the Owner has deposited with the Town the Performance Guarantee applying
to that stage of the Plan for which the Owner is seeking such Authorization to
Commence Works.
5.12 INSPECTION AND STOP WORK
The contract with any contractor employed by the Owner to construct or install
any of the Works shall provide that employees or agents of the MuniCipality may,
at any time, inspect the work of such contractor pertaining to the said Lands
and the Director, after consultation with the Owner's Engineer, shall have the
power to stop any such work in the event that, in their opinion, work is being ~
performed in a manner which may result in a canpleted installation that would ~A9 {L{l
not be satisfactory to the Town or in the event the financial guarantees, ~
required pursuant to this Agreement, are not maintained in good standing.
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5~13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carri ed
out in accordance with the regulations for construction as set out in Schedule
"L" hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and i nstallat ion of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading,
driveway approaches, sodding and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or causing
to be executed the Work required by this Agreement, in such a manner that it
will be completed within the time specified for such completion, or if the said
Work is being improperly done, or if the Owner neglects or abandons the said
Work, or any part of it, before completion, or unreasonably delays the execution
of the same, or if in any other manner the said Work is not being done properly
and promptly in full compliance with the provisions of this Agreement, or in the
event that the Owner neglects or refuses to do over again any Work which may be
rejected by the Director as defective or unsuitable, or if the Owner in any
other manner in the opinion of the Director may default in performance under
this Agreement, then in any such case the Director on the authority of the
Council of the Town may notify the Owner and his surety in writing of such
default or neglect and within ten (10) clear days after the giving of such
notice or within such further period of time as may be specified in the notice,
the Town Council shall thereupon have full authority and power immediately at
its option to employ a contractor or such workmen as in the opinion of the
Director shall be required for the proper completion of such work at the cost
and expense of the Owner or his surety, or both. In cases of emergency, in the
opinion of the Director, such work may be done without prior notice, but the
Uwner shall forthwith be noti fi ed. The cost of such work shall be cal cu lated by
the Director, whose decision shall be final. It is understood and agreed that
the total costs shall include a management fee of thirty (30%) percent of a
contractor's charges to the Town (including any charges for overhead and profit)
or, if such work is undertaken by the Town, thirty (30%) percent of all charges
incurred to complete the work, it being hereby declared and agreed that the
assuming by the Owner of the obligations imposed by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien Act such
filings shall constitute a default in perfonnance under this agreement, then in
any such case the Director may notify the Owner and his surety in writing of
L. R.: 17.3.87
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such default and if the Owner fails to satisfy claims of the lien claimant
within ten (10) clear days after the giving of such notice or within such
further period of time as may be specified in the notice, then the Municipal
Council shall thereupon have full authority and power immediately, at its
option, to pay the full amount of the claim and costs into an appropriate court
having jurisdiction and the Municipality shall be authorized to use all or part
of any performance or maintenance guarantee to do so. In the event that the
Municipality draws upon the performance or maintenance guarantee to satisfy the
claims and costs of any lien claimant, the Owner shall forthwith upon not ice
from the Director reinstate the performance or maintenance guarantee to the full
value required under the terms of the agreement.
5.18 ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or agents of
the Town may enter the said Lands for the purpose of making emergency repairs to
.any of the Works. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any li abi li ty 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 Director and/or authorities responsible 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
hydrogeol ogi st and approved by the Di rector of Plb 1 ic Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the Director of
Pub 1 ic Works, for each and every occurrence of apparent well interference 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 ofa 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 li abili ty in connect ion therewith, nor
a release of the Owner from any of his obligations under this Agreement.
L.R.: 17.3.87
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~;21 MAINTENANCE OF ROADS AFTER COMPLETION
(1) Notwithstanding any other requirement in this Agreement to maintain the
Works, if any building on the said Lands is occupied, the Owner shall maintain
all of the roads, which are required to be constructed and which provide access
to such building, until a Certificate of Acceptance has been issued for such
road. The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud free
condition, fit for all normal vehicular traffic, to the approval of the
Di rector; 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 with written confirmation thereof, referred to herein as a "Certificate of
Completion". In addition to any other requirements contained herein, no Final
Certificate of Completion shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works for
which a Final Certificate of Completion is required, have been inspected by the
Director, and he is satisfied such Works have been constructed and inst~led in
accordance with the latest version of the Engineering Drawings approved by the
Di rector; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to C011rrence
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 Certificate of Canpletion for the i niti al
stage of road construction or upon the date of the issuance of the
Certi ficate of Completion for the final stage of road construct ion.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of a Final Certificate of Completion for the final stage of
road construction.
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 Acceptancell. In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L.R.: 17.3.87
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-tssued until all of the Works covered by such Certi ficate of Canpletion have
been inspected by the Director and the Town Council has approved the written
report of the Director that all such Works have been maintained to the ~proval
of the Director for the period set out in paragraph 5.23 of this Agreement.
5.25 OWNERSHIP OF WORKS BY TOWN
The Owner agrees that, upon the issuance of a Certificate of Acceptance, the
ownership of all of the Works covered by such Certificate of Acceptance shall
vest in the Town and the Owner shall have no right or claim thereto, other than
as an Owner of land abutting a road in which such Works are installed.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to
provide the Owner with a written release for the said Lands, referred to herein
as the "Certificate of Release", in a form suitable for registration or deposit
in the applicable Registry or Land Titles Office. In addition to any of the
requirements contained herein, the Certificate of Release for such stage shall
not be issued until:
. (l) 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 wi th written confi rmation that at a date not earl i er than the end of
the mai ntenance peri od descri bed he rei n, he has found 0 r r ep 1 aced all
standard iron bars as shown on the Plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all points
of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner1s
acceptance of the conditions for applying for Town building permits as provided
herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized services
(hereinafter called "0versized Services") or services outside the limits of the
Plan of Subdivision (hereinafter called "External Services") which are more
particularly set out in Schedule "P" hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such Oversized
or External Services, to pay to the Owner that portion of the cost of the
Oversized or External Services (which is also set out in Schedule "P") that is
equal to the proportion of the excess capacity of such Oversized or External
Services which is estimated to be utilized by such developer. The excess
capacity of such Oversized or External Services shall be the 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 Canpletion, no interest shall
be added to the cost of Oversized or External Services.
L.R.: 17.3.87
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(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 compli ance with the terms of Paragraph 4.5 "Requirements for
Building Permits" of this Agreement if, at the time, a Certificate for Release
is issued, no building permit has been issued for such lot or lots.
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
loR.: 17.3.87
)THE CORPORATION
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TREASURER
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TITLE: ~s~~
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authori zed and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
LEGAL DESCRIPTION OF SAID LANDS
All AND SINGULAR that certain parcel or tract of land and premises
situated, lying and being in the Town of Newcastle, in the Regional Municipality
of Durham and being composed of that Part of Lot 24, Concession 5, of the
geographic Township of Darlington
registered in the Land Registry Office for Land Titles Division of Newcastle (No.
10), more particularly desc~ibed on page ~.~~,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parties hereto have hereunto ill
affixed their corporate seals by the hands of their proper officers dUly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
. L. R.: 17.3.87
)THE CORPORATION OF
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677922 ONTARIOLI:I~
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LEGAL DESCRIPTION
ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying
and being in the Town of Newcastle (formerly Township of Darlington), in the
Regional Municipality of Durham and being composed of part of lot 24, concession
5, more particularly described as follows:
FIRSTLY:
Part 4, Plan lOR-348, save and except Parts land 2 on Plan lOR-2204, save and
except Parts land 2 on Plan lOR-2492.
SECONDLY:
All of Part 1, Plan 10R-348 including Parts 3 and 4 on Plan lOR-2204,
save and except part 1 on Plan lOR-685 and Parts 5, 6, 7, 8, 9 and 10,
Plan 10R-2204, save and except Parts 1, 2, 3,4 and 5, Plan lOR-2492, ~
au] .:...~~pt Par b,!g 1 2!l.d 2 ..,... Pl~.. 19R lJ V'J2.
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-niIS SCHEDULE IS SCHEDULE "8" to the Agreement whi ch has been authori zed and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
PLAN OF SUBDIVISION
DRAFT PLAN OF SUBDIVISION 18T-86058
PART LOT 24, CONCESSION 5
FORMER TOWNSHIP OF DARLINGTON
REGIONAL MUNICIPALITY OF DURHAM
- 14 LOTS -
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
L.R.: 17.3.87
)THE CORPORATION OF H
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677922 ONTARIO LUMITED
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PRESIDENT
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PLAN OF
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METRIC
DISTANCES SHOWN ON THIS PLAN
ARE , N ME T RES AND CAN BE
CONVERTED TO FEf:T BY DIVIDING
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FORMERLY THE TOWNSHI P OF DARLINGTON
NOW IN THE
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OF NEWCASTLE
MUNICIPALITY OF DURHAM
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TABLE OF AREAS
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LOT
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390.9
458.8
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309.8
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HORTON, WALLACE a DAVIES LTD.
ONTARIO LAND SURVEYORS
306 DUNDAS. ST. W'l WH lay ONTARJC) (416) 668 -8893
OF'FfCES IN BELLEV U.E COBOURG a TRENTON ONTARIO
2
3
4
5
6
7
8
9
10
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12
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BLOCK 14
I certify that this Plan 10 M
is registered in Land Registry Office for the Land Titles Division
I
of Durham at ______ oclock on the _____ day of --_____u______
and entred in register for Parcel__ - _ _ __ _ _ _ _ _ _ _ _ Section
---------- - and required consents and affidavits are
registered os Plan Document ,- _ _ _ _ _ _ _ _ _ _ _
CURVE
ARC
14.039
/3.282
30.109
26.529
13.282
5.851
29.536
19.526
27. "2
27.132
25.080
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Land Registrar
OWNER'S CERTIFICATE
THIS IS TO CERTIFY THAT:
I. Lots I to 13 I both inclusive I the reserve Block 14
have been laid out in accordance with our instructions. .
-------------
Date
NOTES AND LEGEND
Bearings are astronomic and are referred to the Easterly
limit of Salina Road as shown on plan lOR-2204
as N 17057'20" W.
All .bars set are iron bars unless indicated otherwise.
AI I distances shown on curved limits are arc meosurments
.
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SIB
IB
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MEAS
denotes
survey monument found
survey monument set
standard iron bar
iron bar
II
II
II
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WIt ness
measured
"
SURVEYOR S CERTI F ICATE
I CERT I FY THAT:
I. This survey and plan are correct and in accordance
wi.th THE SURVEYS ACT and THE LAND TITLES
ACT and the ,regulations made thereunder.
2. The Survey was completed on the ~__ day of
----- --___198
--Oate --
---------
Bryan 1: Davies
Ontario Land Surveyor
DATA
CHORD
CHD. BEARING
RADIUS
13.848
N 370 34' 33" E
24.500
15.000
24.500
24. 500
15.000
24.500
24.500
15000
24. 500
24.500
24. 500
6.000
12.853
28.250
25.252
12.853
5.837
27. 780
18.176
25.750
25. 767
23. 999
7.511
N 460 31' 37" E
N890Il'56"E
N 24034' 25"W
N 050 14f /7 "w
N 130 17' 17" E
N 700 39' 10" W
N 67053'SI"W
N 040 24' 47"W
N 590 00' 56" E
N 590 55' ~5" W
N 690 21' 20" W
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PLAN OF PROPOSED SUBDIVISION
OF PART OF LOT 24. CONCESSION 5
TOWN OF NEWCASTLE
REGIONAL MUNICI PAL ITY OF DURHAM
(FORMERLY TOWNSHIP OF DARLINGTON, COUNTY OF ONTARIO)
DRAWING SCALE . I -: 100' .
MEASUREMENTS SHOWN ON THIS PLAN ARE IN METRES
ADDITIONAL INFORMATION
SINGLE FAMILY DWELLIN~S
DRILLED WELLS a SEPTIC TANK
SOIL - BONDHEAD LOAM
MINIMUM LOT AREA 3000 mZ
AREA OF HEA VY OUTLINE REPRESENTS
'-EN'FIRE-'L-ANDS-fJF-'Af1>Pt;tCAN T""f1Q-t'!JH a:~t-. .
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OWNERS' AUTHORIZATION
I HEREBY AUTHORIZE THE SUBMISSION FOR
APPROVAL OF PROPOSED PLAN OF SUBDIVISION
OCTOBER 3, /986
SURVEYOR'S CERTIFICATE
I HERE BY CER'77FY THAT THE BOUNDARIES OF THE LAND
TO BE SU80IVlDED ARE CORRECTLY SHOWN
OCTOBER 3. 1986
~ "...c- ~r'::L --c... ""'-
ONTARIOGcAND SURVEYOR
H. F. GRANDER
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PROJECT No, 46739
H. F: GRANDER Co. Ltd.
ONTARIO LAND SURVEYOR
172 WATER STREET SOUTH
POST OFFICE' BOX 6'6
PORT PER RY, ONTARIO
TEL. (416) 985-3600 I LOB INO
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TH~IS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authori zed and
- approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
(2) LOCAL IMPROVEMENT CHARGES
(3) DRAINAGE CHARGES
(paid where applicable, prior to
execution of Agreement)
(paid where applicable, prior to
execution of Agreement)
(paid where applicable, prior to
execution of 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
L.R.: 17.3.87
)THE CORPORATION
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67792~
TITL:E: croR -- PRESIDENT
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TITLE: BRUCE LUKE TREASURER
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TITLE: HAl GASCOI
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TITLE: G -GE . ~ ,
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TITLE: LOIS DEIANEY
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THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
~ enacted and passed the 23rd day of February, 1987.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of $9,283.68
(calculated at the rate of $663.12 for each dwelling unit) which shall be paid
as follows:
The total amount of the development charges for the Plan, or a particular stage
of the Plan, shall be calculated by multiplying the total number of units in the
particular stage of the Plan for which building permits are being sought by the
development charge per dwelling unit in effect at that time. Development
charges shall be payable in respect of each stage of the Plan as follows:
100% of the total amount of the development charge at execution of said
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 basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually paid to the Town (if any) shall be applied 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 bui 1 di ng
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 the schedule of development charges each year and may
adjust the amount of the development charges herein in accordance therewith.
The Owner hereby acknowledges and agrees to such 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 )THE CORPORATI
)
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) 677922 ONTARIO LIMITED
l ~%
) THU. rCIOR/1IUTIMAN
l TlTLtP BRUCE~ -
-
PRESIDENT
TREASURER
loR.: 5.5.87
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~THIS SCHEDULE IS SCHEDULE liE II to the Agreement whi ch has been authori zed and
approved by By-law No. 87-32 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:
(by reference plan)
Storm Drainage Easement between Lots 7 and 8 on Draft Plan 18T-86058
To be completed by the Owner's Surveyor once easements are established.
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
L.R.: 17.3.87
) THE CORPORA T I
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) TITLE:
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677922 ONTARIO LIMITED
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TITLE-Y'"~ " .. - PREs'OEN T
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tITLE: BRUCE LUKE - TR EASURER
ELANEY In Trust
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HAl GASCOIGNE
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TITIE; GEO E 'lEY
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'fHIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and
approved by By-law No. 87-32 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 in a form satisfactory to the Town,
deeds to the following land:
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Town, as cash in lieu of the dedication by the
Owner to the Town of lands for public purposes, the amount of five percent
(5%) of the market value of the said lands agreed upon as five percent
(5%) of $257,000.00, being $12,850.00, upon the execution of this
Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 09.4.87
)THE CORPORATION
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677922 ONT~ED
~ /'
TIT~~R~HUTIMAN -
tfZ~~
TITLE. BRUCE LUKE -
PRESIDENT
fRE1(SURER
In Trust
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TITLE: HAZEL A&COIGNE
~~~~
TI'ILE: GEORGE D EY
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- Tl-I,.1S SCHEDULE IS SCHEDULE "G" to the Agreement which has been authori zed and
approved by By-law No. 87-32 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, sati sfactory to the Town, for the removal of upstream sto nn water and
storm water originating within the said lands, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, storm
outfalls and any other appurtenances as may be required in accordance with the
Town of Newcastle's Design Criteria and Standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage system,
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any easements required external to the said lands, at
no expense to the Municipality for the disposal of storm water from the said
lands.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as follows:-
(a) pavement widths to be applied to the following streets:- 6.70 metres
(b) The grading and paving of all streets, including the installation of
Granular "A" and Granular "B" material to provide a proper base for paving,
shall be as per the Town of Newcastle Design Criteria & Standard Drawings.
(c) - NOT APPLICABLE -
(d) - NOT APPLICABLE -
(e) - NOT APPLICABLE -
(f) The Owner agrees to construct, install, energize and maintain Street
Lighting, in accordance with the Town's specifications, on all streets and
walkways, to the satisfaction of the Director of Public Works.
(g) The Owner agrees to the topsoiling and sodding of the boulevards (ditches)
between the shoulders and the property line, as according to the Town of
Newcastle's Design Criteria and Standard Drawings to the satisfaction of
the Oi rector of Pub 1 i c Works.
L.R.: 17.03.87
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34
Schedule lIGlI
- 2 -
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(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.
(1) 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 - NOT APPLICABLE -
The Owner agrees to construct, install and ma intai n completed pedes tri an
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Publ ic Works, and shall
be:
(i) paved or concrete from edge to edge;
(i i) pro perl y drained;
(iii) fenced and screened; I
(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
Publ ic Works. Such temporaryturni ng circle shall be srown on the final plans
as a block and shall be held by the Town until the extension of Street '~' at
which time the block shall be conveyed without charge to the owners of the
ab ut t i ng 1 ot s.
5. CONSERVATION WORKS - SEE SCHEDULE -Q- -
In addition to the work required by the Schedule "QlI, the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works.
6. LOT GRADI NG
The Owner agrees to rough-grade all blocks and parks, according to the Tree
Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director
of PUblic Works and in the case of parks, to the satisfaction of the Director of
Community Services.
7. FENCING - NOT APPLICABLE -
The Owner agrees to supply, erect and mai ntai n fend ng in accordance wi th
Engineering Drawings to be approved by the Director of Public Works.
The fOllowing locations for fencing are required along the boundaries of:
(i) reverse frontage of lots;
(ii) walkways;
(iii) park or open space blocks.
L . R. : 17 .3. 87
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_ Schedul e "G"
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8. EXTERNAL WORKS - SEE SCHEDULE KJK -
(a) - See Schedules KJ- for corresponding comments
(b) The Owner agrees to pay 50% of the cost of reconstructing Solina Road
abutting said lands.
(c) The Owner acknowledges and agrees to bear the costs (100%) of any works on
Solina Road which have necessitated as a result of this development.
(d) All work to be completed to the Town of Newcastle1s Design Criteria and
Standard Drawi ngs and as per the Engi neeri ng Drawi ngs approved by the
Director of Public Works.
9. NOT APPLICABLE
The Owner agrees that, prior to the issuance of the building permit
representing 25% of the total number of units within the Plan, to supply
and install, in accordance with the Town1s specifications and the approved
Park Site Master Plan, the following facilities:
i) grading and sodding of the park and open space blocks;
ii) 100% of the vegetative planting;
i i 1) all wal kways;
iv) water and sewer connections to property line;
v ) fenci ng; and
vi) signage.
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
L.R.: 17.3.87
)THE CORPORATlO
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677922 ONTARIO LIMITED
TlTl-f"~- -PRES I DE NT
53 ~
TITLE: BRUCE TREA-SURER
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TITLE: HAZ .. CU
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TITLE: . LOIS DElANEY ,/
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THrs SCHEDULE IS SCHEDULE "H" to the Agreement which has been authori zed and
-ap~roved by By-law No. 87-32 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 arrange 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 arrangements
have been made prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada for
the design,provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM - NOT APPLICABLE -
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said
Lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipment in the locations as approved by the
Director.
5. CABLE TELEVISION - NOT APPLICABLE -
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable television services are to be installed
underground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said lands, in the location as ~proved
by the Director.
L.R.: 17.3.87
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Page 2 of SCHEDULE "H"
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers dUly
authorized in that behalf. >
SIGNED, SEALED AND DELIVERED
L.R.: 17.3.87
)THE CORPORATION
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677922 O~;TED
Tffi6~ ~
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TITL: BRUCE LUKE -m-E A St:tRE: R
PREs-roENT
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TI fLE: HAZElJ GASCOIGNE
, ~ ~~O
TI1LE:GEORG D~ ,..
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THIS SCHEDULE IS SCHEDULE II I II to the Agreement whi ch has been authori zed and
- approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a) the 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 installation of the Works and shall
co-operate with the Town to obtain the necessary approvals for construction and
installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
construction and installation of the Works and the Private Works and to perform
. the following:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requi rements of the Di rector;; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and install ati on, required to modi fy the Engi neeri ng Drawi ngs to produce
the As-constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director. .
loR.: 17.3.87
~
.. II tt:
- Schedule I
6. PREPARE AS CONSTRUCTED DRAWINGS
~
3<1,
- 2 -
The Owner's Engineer shall prepare the As-constructed Drawings for the approval
of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )THE CORPORATION
)
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~ PRESIDENT
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) TI TLE: HAZ GASCOIGNE
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L.R.: 17.3.87
TITIE: GEOR E
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TITLE. LOIS DELANEY
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THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
ESTIMATED COST OF WORKS
STAGE I
ESTIMATED UNIT
ITEM DESCRIPTION UNIT QUANTITY P RI CE TO TAL
1. Stripping m3 7000 $ 1.50 $ 10,500.00
2. Earth Excavation (Grading) m3 9500 2.50 23,750.00
3. Granular IBI m3 1800 12.00 21,600.00
4. Granular IAI m3 580 16.00 9,280.00
5. Hot Mix HL8 t 430 42.00 18,060.00
6. Ditch Inlet Catchbasin each 1 1,200.00 1,200.00
7. C.S.P. Manhole each 1 2,000.00 2,000.00
8. C.S.P. Sewer Pipe a) 400 DIA m 52 55.00 2,860.00
b) 700 OIA m 12 70.00 840.00
9. Temp. Snow Fence m 365 1.50 547.50
10. Straw Bale Silt Trap m 200 5.00 1,000.00
11. Riprap on Filter Cloth m2 31 25.00 775.00
12. Street Lights each 7 1,200.00 8,400.00
13. Traffic Signs each 1 400.00 400.00
14. Topsoil Ditches and Boulevards m3 235 1.20 282.00
15. Sod Ditches and Boulevards m2 3110 1.50 4,665.00
Subtotal St age I $106,159.50
STAGE II
ITEM
DESCRIPTION
UN IT QUANTITY
PRICE
TOTAL
1. Trees
2. Hot Mi x HL3
each
t
16
260
$ 75.00 $ 1,200.00
$ 50.00 $ 13,000.00
Subtotal Stage II
$ 14,200.00
Engineering & Contingencies 15%
$120,359.50
$ 18,053.93
TOTAL
TOTAL COST OF SERVICES
$138,413.34
1)
Reconstruction of Solina Road
abutting said lands as per
Schedule "G" ... to be paid
pri or to 9-)(ftt2t i on of Agl:eeftlent
1fUI~.-'2~,.~D~ rD
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(Represents Owners 50%
contribution)
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The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Underground Hydro,
Engineering and Contingencies shall pe prepared by the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised Cost
E sti mate shalJ be used as a basi s to adj ust the Performance Guarantee, if the
Estimate increases or decreases.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 17.3.87
) THE CORPORATION 0
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677922 ONTARIO LIMITED
T1~~ PRESIDENT
TIllE: 03. BRUC TRE A Sl:tRER
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TITLE: ~~COfc~---rh1 ~
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TITI.E: GEORGE D EY L
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THIS SCHEDULE IS SCHEDULE ilK II to the Agreement whi ch has been authori zed and
_approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as pUblic liability and property damage with an insurance company approved by
the Municipal Teasurer and duly authorized by law to underwrite such insurance.
Such policy or policies of insurance shall indemnify the Town against all
damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively; and
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of
the Works or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including workmen employed on the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent
from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any pUblic road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development
of the said Lands together with any or all of the Works and Uti1iti es
pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or pOlicies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death
of anyone person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death
of, two or more persons arising out of the same accident; and
(c) $1,000,000.00 for anyone occurance of property damage.
The issuance of such policy or policies of insurance shall not be construed to
relieve the Owner from responsibility for other or larger claims for which it
may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or pOlices of insurance shall contain no coverage exemptions or
1 imi tati ons for:
(a) any shoring, underpinning, raising or demolition of any building or
structure; or
(b) any pile driving or caisson work; or
L.R.: 17.3.87
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(c) any collapse or subsidence of any building, structure or land from any
c au se; 0 r
(d) any storage, handling or use of explosives.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 17.3.87
)THE CORPORATION
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677922 ONTARIO LIMITED
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TITLE.. ~ PRESIDENT
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TITLE: BRUCE LUKE TR EASURER
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TI TLE : HAZEL GASCOIGNE
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-T~IS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and
approved by By-law No. 87-32 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 mqy 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 Agreerrent ensure that all
public roads abutting the said Lands and all pUblic roads used for access to the
said Lands, during any construction on the said Lands, shall be maintained in a
condition equal to that now existing and to the approval of the Director. The
Owner shall maintain, at all times, all such roads free of dust and mud
originating from the lands during the course of construction. If damaged, the
Owner agrees to restore immediately, and at its own expense, such road to a
condition equal to that existing at the time of such damage and to the approval
of the Director. No pUblic road outside the limits of the said Lands shall be
closed without the prior written approval of the authority having jurisdiction
over such publ ic road. The Owner agrees not to use or occupy any untravel 1 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 Agreement, remove any contamination
of the granular base course and repair and replace such base course, where
necessary, to the approval of the Director, in order that the construction of
such road shall not have suffered due to any use of the granular base course as
a temporary road.
Similarly, the Owner shall, prior to the placement of the surface of asphalt on
any road required to be constructed under this Agreement, clean the base course
of asphalt and repair and replace such base course where necessary.
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8. WEED AND RAT CONTROL
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After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
L.R.: 17.3.87
)THE CORPORATION OF T
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677922 ONTARIO LIMITED
TITLEY#~
TITLE: ~Rurn ~
PrfESfOENT
TREASURER
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THIS SCHEDULE IS SCHEDULE "W' to the Agreement which has been authori zed and
approved by By-law No. 87-32 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 other
than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
All
In accordance with the
provisions of By-law 84-63
as amended.
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
L.R.: 17.3.87
)THE CORPORATI
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677922 ONTARIO LIMITED
TITLE:t~ -PRESIDENT
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TI TLE: BRUCE LUKE TRE A StJ R E R
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- ~HIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of february, 1987.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on 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
- 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
L.R.: 17.3.87
}THE CORPORATIO
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677922 ONTARIO LIMITED
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TITLE: BRUCE LUKE
PRES10ENT
tReASURER
In Trust
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tHIS SCHEDULE IS SCHEDULE 11011 to the Agreement which has been authorized and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
.enacted and passed the 23rd day of February, 1987.
LANDS REQUIRING SITE PLAN APPROVAL
The Uwner 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
L.R.: 17.3.87
)THE CORPORATIO
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677922 ONTARIO LIMITED
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TITLE: L TREASURER
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nHS SCHEDULE IS SCHEDULE "plI to the Agreement which has been authori zed and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of FebruarYt 1987.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: - NOT APPLICABLE -
4~
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 extern al
developers abut both side of the road, and rebate said amount to the Owner.
The construction cost of these road works to be rebated is $
The above figure represents the estimated road construction cost based on the
engineering drawings as outlined in Schedules 'G' & 'J' and approved by the
Director of Public Works. Upon completion of the road construction, the above
estimated cost shall be updated to reflect the las constructed I costs and
subsequently be approved by the Director of Public Works.
There shall be no rei nDursement by the Town to the Owner for improvement s to the
external roads.
2. STORM DRAINAGE: - NOT APPLICABLE -
In accordance with Section 5.27 of the Agreement and Schedule IIGII (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
co 11 ect and rei mb urse the Owner, fi fty pe rcent of the sewe r co ns tru ct ion cost s
where external developers abut one side of the sewer, and one hundred percent of
the sewer construction costs where external developers abut both sides of the
sewer, and for all excess capacity required for external drainage.
The construction cost of these sewer works to be rebated is $
The above figure represents the estimated construction cost based on the
engineering drawings as outlined in Schedules 'G' & 'JI and approved by the
Director of Public Works. Upon completion of the storm construction, the above
estimated cost shall be updated to reflect the las constructed I costs and
subsequently be approved by the Director of Public Works.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )THE CORPORATI
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) 677922 ONTARIO LIMITED
! T1~~PiESIDENT
l TITLE: ~RUCE ~ASORER
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TITLE:
L.R.: 17.3.87
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THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authori zed and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastlet
enacted and passed the 23rd day of February, 1987.
CONSERVATION AUTHORITY'S WORKS
(1) No gradingt filling or construction essenti al to storm servicing shall
occur without the written approval of the Central Lake Ontario Conservation
Authority.
(2) Prior to the commencement of site preparationt the Owner shall submit to
the Central Lake Ontario Conservation Authori ty for approval t detai 1 s of
sedimentation controls to be used on the sitet and a preliminary storm
drainage plan for the site which includes the location of storm sewer
outfalls in the Black Creek Valley.
(3) Prior to final approval of the plant the Owner shall submit a
Hydrogeological Report of site conditions to the Central Lake Ontario
Conservation Authority for approval. This report shall detail site
stratigraphYt describe the extent and significance of confined and
unconfined waterbearing formations on and off-sitet and relate these
factors to potential cumulative effects on the Black Creek of individual
sewage disposal systems. Planning considerations and mitigative rreasures
to be employed to minimize negative effects should be provided.
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
L.R.: 17.3.87
)THE CORPORATIO
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TITLE: ~UCE ~
PR-E-sroE N.T
WEASURER
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TITLE:
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~'HIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and
. . approved by By-law No. 87-32 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
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 est i mated
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
estimated cost of services -
whichever is greater
$67,500.00 or 2% of the est imated
cost of services - whichever is
greate r
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.
$3,000,000.00 to $4,000,000.00
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 OELIVERED
L.R.: 17.3.87
)THE CORPORATION
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TITLE: BRUCE LU
PRESt DEN T
TREASURER
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TITLE: ~~I~
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TITLE: GEOR~~ ..
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THIS SCHEDULE IS SCHEDULE IISII to the Agreement which has been authori zed and
approved by By-law No. 87-32 of the Corporation of the Town of Newcastle,
enacted and passed the 23rd day of February, 1987.
REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
- AS PER ATTACH ED -
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
L.R.: 17.3.87
)THE CORPORATION
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677922 ONTARIO LIMITED
TITLE:~~ PRistoENl
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TITLE: 'BRUCE LUKE TREASURER
In Trust
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TITLE: GEORGE'lfElAr;JEt{ "P ~
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J At~~chment to letter dated April 1, 1987.
rrbm: Dr. M. Michael, Commissioner of Planning
To: 677922 Ontario Ltd.
Re: Plan of Subdivision 18T-86058
Town of Newcastle
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CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF
SUBDIVISION ARE AS FOllOWS
NO.
COND IT IONS
1. That this approval applies to draft plan of subdivision
18T-86058, prepared by H. F. Grander Co. Ltd., Ontario Land
Surveyor, identified as Project No. 46739 and dated October 3,
1986, which is revised in red as per the attached plan showing
14 lots.
2. That the road ~llowances 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 the owner agrees to pay to the Town of Newcastl e, in
accordance with the Planning Act, the cash value of the five
percent (5%) parkland dedication in lieu of parkland.
5. That such easements as may be required for utilities,
dratnage and servicing purposes shall be granted to the
appropriate authority.
6. That the uses shown on the approved draft plan shall be zoned
in an appropriate zoning by-law passed by the Council of the
Town of Newcastle in effect in accordance with the Planning
Act.
7. That the lots shown on the final plan conform to the frontage
and lot area requirements of the "Residential Hamlet (RH)"
Zone of Town of Newcastle BY-l.aw No. 84-63.
8. That prior to final approval and entry into a subdivision
agreement by the owner, the owner finalize Durham Region Land
Division applications LO 584/86 and LO 30/87 and submit to the
Regional Municipality of Durham a copy of the registered
transfe'rs resulting from these applications.
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.9; a) That the developer will bear the costs (100%) of any works
on Solina Road which are necessitated as a result of this
deve 1 opment.
b) That the developer contributes to the costs of
reconstructing Solina Road in accordance with Town of
Newcastle policy.
10. No grading, filling or construction essential to storm
servicing shall occur without the written approval of the
Central Lake Ontario Conservation Authority.
11. Prior to the commencement of site preparation, the owner shall
submit to the Central' Lake Ontario Conservation Authori.ty for
approval, details of sedimentation controls to be used on the
site, and a preliminary storm drainage plan for the site which
includes the location of storm sewer outfa1ls in the Black
Creek valley.
12. Prior to final approval of the plan, the owner shall submit a
hydrogeological report of site conditions to the Central Lake
Ontario Conservation Authority for approval. This report shall
detail site stratigraphy, describe the extent and significance
of confined and unconfined water-bearing formations on and
off-site, and relate these factors to potential cumulative
effects on the Black Creek of individual sewage disposal
systems. Planning consid~rations and mitigative measures to
be employed to minimize negative effects should be provided.
13. Prior to any grading or construction on the site, the owner
shall prepare a stormwater and eros.ion control plan which
shall be acceptable to the Ministry of Natural Resources.
This plan will show all proposed surface drainage works and
will describe the means to minimize erosion and the direct
discharge of stormwater flow into Black Creek.
14. Prior to any grading or construction on the site; the owner
shall erect a snowfence or other suitable barrier along the
eastern boundary of the property. This barrier shall remain
in place until such time as all grading, construction and
landscaping of the site are completed and shall be maintained
in order to prevent the placement of fi 11 or removal of
vegetation within the valleylands of Black Creek.
15. Prior to final approval, the Ministry of the Environment shall
receive for its approval a hydrologist's report which
ascertains the availability of an adequate supply of potable
water to service the development. The report should comment
on existing quality as well as the potential for cross-
contamination and well interference.
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16. 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, alJl)ng other matters,
execution of a subdivision agreement between the owner and the
Region of Durham concerning, among other things, payment of
service charges and for development charge levies and the
proposed phasing of the subdivision.
17. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the Town
of Newcastl e. This shall include, among other matters,
execution of a subdivision agreement between the owner and the
Town of Newcastle, concerning the provision and installation
of roads, services and drainage, and other local services.
18. That the subdivision agreement between the owner and Town of
Newcastle shall contain, alJl)ng 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:
i) the recommendations of the sedimentation control and
storm drainage plans referred to in Condition 11.
ii} the recommendations of the hydrogeological report
referred to in Condition 12.
b) The owner agrees that no grading, filling or construction
essential to storm servicing.shall occur without the
written approval of the Central Lake Ontario Conservation
Authority.
c) The owner agrees to implement the stormwater and erosion
control plan for the site as required in Condition 13.
d) The owner agrees to construct and maintain the barrier as
required in Condition 14.
e) The owner acknowledges the existence of farming operations
nearby and will n~t object, complain or seek legal action
against such nuisances as noise and odour resulting from
normal farming practices.
f) The owner agrees to obtain approval from the Durham
Regional Health Services Department with respect to
installation of sub-surface sewage disposal system and
private water supply.
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~)~ The owner agrees to implement the recommendations of the
hydrologist's report referred to in Condition 15.
19. 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 1,2,3,4,5,6,7,9,17 &
18 have been satisfied;
b) the Central Lake Ontario Conservation Society, how .
Conditions 10,11,12,18(a) and 18(b) have been satisfied;
c) the Ministry of Natural Resources, how Conditions 13,14,
18(c) and 18(d) have been satisfied;
d) The Ministry of the Environment, how conditions 15 and
18(g) have been satisfied.
NOTES TO DRAFT APPROVAL
1. As owner of the proposed subdivision, it is in your interest
as well as your responsibility to s.atisfy all conditions of
approval in an 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 signed agreement shall be sent to
these agencies in order to facnitate their clearance for
final approval. These agencies are:
a) Mr. Chris Conti, Central Lake Ontario Conservation
Authority, 100 Whiting Avenue, Oshawa, L1H 3T3.
b) Mr. T. T. Edwards, Director of Planning, Town 'of
Newcastle, Municipal Office, Hampton, Ontario; LOB 1JO.
c) Mr. W. H. Foreman, District Manager, Lindsay District,
Ministry of Natural Resources, 322 Kent Street West,
Lindsay, Ontario, K9V 2Z9. .
d). D. J. Beach, Planning Co-ordinator, Approvals and
Planning, Ministry of the Environment, Central Region, 7
Overlea Blvd., 4th Floor, Toronto, Ontario, M4H 1A8.
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