HomeMy WebLinkAbout87-50
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87- 50
being a By-law to authorize the entering into of an Agreement with Rossert-
Taunus Construction Ltd. and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of
the Corporation of the Town of Newcastle, and seal with the Corporationls seal,
an Agreement between Rossert-Taunus Construction Ltd. and the said Corporation
dated the day of , 1987, in the form attached hereto as
Schedule "X".
2. THAT Schedule "X" attached hereto forms part of this by-law.
BY-LAW read a first time this 23rd day of March
BY-LAW read a second time this 23rd day of March
BY-LAW read a third time and finally passed this 23rd
March 1987
1987
1987
day of
... ..
August 26. 1987.
Kitchen, Kitchen '& Simeson,
Barristers and Solicitors.
P.O. Box 428. 86 Simcoe St. S..
Oshawa, Ontario. .
L1 H 7l5.
Attention: 'Ronald J. kitchen
Dear Sir:
Re: Development Agree~nt between The Corporation. of the Town
Of Newcastle and Rossert Taunus Construction Ltd.
Our File: 60.46:208.
David W.Oakes, B.A., A.M.C.T.. C.M.D..
Town Clerk.
DWO/ms
Enclosure.
cc: Planning Department
Public Works O~partment
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Document General-
Form 4 - Land Registration Reform AC"-\984
(1) Reglatty 0 J.andl~ IX1 T (2) Page 1 of 58 pages
(3) Property Block Property
Identlfler(s)
DYE & DURHAM co. LIMITED
Form No. 985
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Additional:
See 0
Schedule
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(4) Nature of Document
Application to Register Notice of Agreement,
Section 74 of the Land Titles Act.
(5) ConsIderation
Dollars $
Additional:
See
Schedule
(6) Description
Part of Lot 15, Concession 3, in the Town of
Newcastle, in the Regional Municipality of
Durham (formerly in the Township of Darlington,
in the County of Durham), and being more
particularly described as Part 1 on Reference
Plan 10R-2433, now being Parcel 15-7, Section:
Con 3, Newcastle (Darlington).
New Property Identifiers
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Executions
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
;:' (b) Schedule for:
Additional
o 1 Description 0 Parties 0 Other ~
(S) This Document prOllides as follows:
The Corporation of the Town of Newca~~lehas an unregistered estate, right,
interest or equity in the above described parcel registered in the name of
Rossert Taunus Construction Ltd. and hereby applies under Section 74 of The
Land Titles Act for the entry of a Notice of Agreement on the register for
the above described parcel.
The evidence in support of tA~s Application consists of:
(a) Affidavit of the Solicitor for the Applicant.
(b) A duplicate original of an Agreement between The Corporation of the
Town of Newcastle, Rossert Taunus Construction Ltd. and Rossert
Taunus Enterprises Ltd.
( (9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Continued on Schedule [3l
)
The Corporation of the Town of
Signature(s) Date 01 Signature
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Newcastle, by its solicitor,
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Ronald J. Kitchen
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(11) Address
tor Service 40 Temperance Street, Bowmanville, Ontario
(12) Party(ies) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
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(13) Address
tor Service
(14) Municipal Address of Property
(15) Document Prepared by:
Kitchen, Kitchen & Simeson
Barristers and Solicitors
86 Simcoe Street South
Oshawa, Ontario
LIH 7L5
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APPLICATION IN SUPPORT OF AN APPLICATION FOR
ENTRY OF NOTICE OR EXTENSION OF NOTICE
The Land Titles Act, Section 74
I, RONALD J. KITCHEN, of the City of Oshawa, in the Regional
Municipality of Durham, make oath and say as follows:
1. I am the solicitor for the Applicant named in the
attached Application for Entry of a Notice of Agreement under
Section 74 of The Land Titles Act.
2. The particulars of the Applicant1s interest in the land
are set out in the attached copy of an executed Agreement.
SWORN before me at the City )
of Oshawa, in the Regional ) ~;t-;;;-Ir,
: FDN~tt! ;~K~
Municipality of Durham, this )
. )
17th ?iJAUK;8~
A Commissioner, etc.
t . 1
THIS AGREEMENT made in quintuplicate this 11m day of /ivtftJ~r
19 $7.
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Herei n after call ed the II TOWN " OF THE FIRST PART,
- and -
ROSSERT TAUNUS CONSTRUCTION LTD.
Herei nafter called the "OWNER" OF THE SECOND PART
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ROSSERT TAUNUS ENTERPRISES LTD.
Herei nafter call ed the "MORTGAGEP OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the "Landsll and constitute 6.6 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 Region of Durham,
hereinafter called the Region for approval of a plan of subdivision of the
Lands;
AND WHEREAS to comply with the Region's conditions for such approval, the Owner
has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
"Region" to satisfy the requirements of the Regional Municipality of Durham,
financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the utilities referred to in Schedule lIH" and hereinafter called lIUtilities";
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.: 22.6.87
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1.
DEFINITIONS
In this Agreement:
1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1.2 "Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by Council
to act in his place;
1.3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of
Newcastle;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the Town of
Newcastle;
1.7 "Owner" shall include an individual, an association, a partnership or a
corporation and wherever the singular is used herein, it shall be
construed as including the plural.
1.8 "Commissioner" shall mean the Commissioner of Planning for the Regional
Municipality of Durham.
1.9 "Minister" shall mean the Minister of Municipal Affairs 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 bui1 ding permits for the lots
, or blocks covered by this Agreement.
L.R.: 22.6.87
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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 IIBII and is hereinafter called the IIPlanll. 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,
immedi ately after approval is granted or the agreement si gned. The Owner shall
also furnish to the Town at the time of the execution of this Agreement one copy
of each of the agreements entered into with the Public Utilities Commission or
other authority or company having jurisdiction in the area of the said Lands for
the design and installation of the utilities, or, if such agreement or
agreements are not in existence at the time of the execution of this Agreement,
the Owner agrees to provide the Town with a copy of each such agreement
immedlate1y 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 exec'uted transfers of easements
free and clear of all encumbrances as set out in Schedule IIEII 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
regi stration of the Pl an, del i ver 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, encuntrances and easements, the lands set out in Schedule' IIFII hereto.
Such conveyance shall include the dedication by the Owner to the Town of the
lands required by the terms of The Planning Act, as amended, from time to time
to be dedicated for public purposes, other than for highways, unless the Town
has agreed to accept cash in lieu of such lands, as provided herein.
L. R.: 22.6.87
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REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
2.5
The aforementioned deeds and grants of easements shall be prepared by the Owner
and registered at the Owner's expense at the same time as the Plan is
registered. In such deeds and grants of easements the registered number of the
Plan shall be left blank and the Owner hereby authorizes the Town to insert such
Plan number after registration of the Plan.
2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
(1) The Owner shall, at the time of the execution of this Agreement, deposit
with the Town a letter from each and every School Board having jurisdiction over
the said lands stating that arrangements satisfactory to each and every School
Board have been made respecting the acquisition of any lands necessary for
school purposes to serve the said lands.
(2) In the event that a School Board which has an option to acquire any lot or
block within the Plan and does not exercise its option, the Owner hereby agrees
to notify the Clerk of the Town in writing that the School Board has not
exercised its option and the Owner hereby grants to the Town an irrevocable
option to acquire such lands upon the same terms and conditions as the School
Board could have acquired the property, except that the Town shall exercise the
option hereby granted, in writing, within sixty (60) days of receipt of
notification from the Owner that the School Board has failed to exercise its
option and, the purchase of such Lands by the Town shall be completed within
ninety (90) days of the exercise of its option.
2.7 INTEREST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 NOTIFICATION OF OWNER
.
If any notice is re~uired to be given by the Town to the Owner in respect of
this Agreement, such notice shall be mailed or delivered to:
Rossert Taunus Construction Ltd.
R.R. #2
BOWMANVILLE, Ontario L1C 3K3
or such address as the Owner has notified the Town, in writing, and any such
notice mailed or delivered shall be deemed good and sufficient notice undar the
terms of this Agreement.
2.9 REGISTRATION OF AGREEMENT
The Owner and Mortgagee hereby consent to the registration of this Agreement by
the Town and covenant and agree not to register or permit the registration of
any document after registration of the Plan of Subdivision on any land included
in the said Plan unless this subdivision Agreerrent, and any daeds, 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.: 22.6.87
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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 this Agreement, or such agreement has
been executed and is sUbsequently amended, and the provisions of such
agreement affect materi ally the location or sizi ng 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 11811. 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 IIBII and all
amendments necessary or requisite shall be made to conform with the descriptions
used in this Agreement and the Schedules (and without limiting the generality of
the foregoing, in particular Schedules liB", liE", "F", "G", "N", "0", UP", and
IIQII) 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, pennission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and in all respects
the Town and its officers, servants or agents shall act reasonably.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the parties to
this Agreement, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this Agreement as fully and to all
intents and purposes as though recited in full herein:
Schedule "All - "Lega 1 description of said Lands"
Schedule liB II - IIP1an of Subdivision for final approval"
Schedule lie II - "Charges against said Lands"
Schedule 11011 - IIDev e 1 opment cha rges"
Schedule "E II - "Grants of easements to be dedicatedll
Schedule IIFII - IILands and/or cash to be dedi cated"
Schedule IIGII - "Works req ui red II
L.R.: 22.6.87
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Schedule IIHII - IIUti liti es requi redll
Schedule II I II - IIDuties of Owner's Engineerll
Schedu 1 e IIJ II - IICost Estimatesll
Schedule ilK II - IIInsurance Policies requi red II
Schedule ilL II - IIRegulations for constructionll
Schedule 11M II - "Use of said lands"
Schedule IIN" - "Lands subject to building restrictions"
Schedule 11011 - IILands requiring site planll
Schedule lip II - "0versi zed and/or External Servi ces II
Schedule "QII - IIConservation Authority's Worksll
Schedu 1 e IIRII - IIEngineering and Inspection Feesll
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.
loR.: 22.6.87
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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 IICII
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 IICII 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,
i ncl udi ng the convnuted val ue of such charges falli ng 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 110" hereto. Notwithstanding the provisions of Schedule "0" 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 Qwner 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 "FII
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 IIPerformance Guarantee".
3.7 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or
part of any Performance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement by due date of the invoice for such
costs.
L.R.: 22.6.87
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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 Maintenance Guarantee in the
form of cash or an irrevocable letter of credit from a chartered Canadian bank,
and in an amount equal to ten percent (10%) of the estimated cost of the Works
as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall
be subject to the approval of the Town Treasurer, and shall guarantee the Works
from the date of completion as follows:
( a)
Initial StaEe of Road Construction: the greater of two (2) years
from the da e of issuance of the Certificate of Completion for the
initial stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may, at any time, authorize the use of all or any
part of any Maintenance Guarantee if the Owner fails to pay any costs payable by
the Owner to the Town under this Agreement, by the due date of the invoice for
such, costs.
3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town shall not be obliged to release to the Owner the
unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
(2) the Owner has deposited with the Town the Maintenance Guarantee
applying to those Works for which such Performance Guarantee was required; and
(3) the Town is satisfied that in respect of the construction and
installation of the Works for which such Performance Guarantee was required,
there are no outstanding claims relating to such Works.
(4) the Town may, from time to time, reduce the amount of the value of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the value of the uncompleted Works, plus ten percent (10%) of
the value of the completed Works on approval by the Director of a Progress
Certificate prepared by the Owner's Engineer.
3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to the
Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was required; and
(b) the Town is satisfied that, in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works; and
(c) the Town has received the as-built drawings for such Works.
L.R.: 22.6.87
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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
(l) Every provision of this Agreement by which the Owner is obliged in any way
shall be deemed to include the words "at the expense of the Owner" unless the context
otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall reimburse the Town for
all reasonable legal, planning, engineering and other technical advice and assistance
actually incurred by the Town in connection with the preparation for and attendances
at the Ontario Municipal Board hearings for the draft approval of Subdivision
18T-86047 and amendments of the Town's By-law 84-63, as amended.
(3) The Owner shall reimburse the Town for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually incurred
for the preparation and registration of this Agreement, and the legal services
contemplated by the terms of this Agreement, which shall include review of
performance guarantee and the preparation of any release.
(4) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is seeking reimbursement.
(5) The Owner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule "R" hereto.
3.14 UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is specified,
shall be thirty (30) days after the date of the invoice. Interest shall be payable
by the Owner to the Town on all sums of money payable herein, which are not paid on
the due dates. The interest penalty charges will be the same rate as charged on
outstanding tax balances.
3.15 OCCUPANCY PERMIT
Prior to the issuance of the first building permit the Owner agrees to lodge with the
Town an irrevocable letter of credit annually renewable and issued by a chartered
Canadian bank in an amount of Ten Thousand Dollars ($10,000.00) to guarantee that
occupancy does not occur in respect of any lot or block before the issuance of an
Occupancy Permit for such lot or block. In the event that occupancy occurs in
respect of any lot or block before the issuance of an occupancy permit contrary to
paragraph 4.8, the Town may draw down said Letter of Credit by an amount necessary to
correct the default relative to occupancy. In the event of such default, the Owner
shall immediately restore the Letter of Credit for the full amount of Ten Thousand
Dollars ($10,OOO.00). So that the amount of security deposit on hand with the Town
always equals Ten Thousand Dollars ($10,000.00). The Letter of Credit shall be
released to the Owners at such time as the last unit is ready for occupancy in
accordance with the terms of this Agreement or at such earlier date as agreed in
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 $10,000.00
51 to 100 lots $15,000.00
101 to 250 lots $20,000.00
251 to 500 lots $30,000.00
over 500 lots $50,000.00
L.R.: 27.7.87
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4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN NOT APPLICABLE
The Owner shall, prior to the issuance of any Authorization to Canrrence Works as
provided herein, have received the written approval of the Director of Planning
of a plan of the said Lands, hereinafter called the "Tree Preservation Plan" and
showing thereon:
(1) the location and approximate size of all existing trees over 30.5 cm. in
ci rcumference at 1.5 m. above the ground; and
(2) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
No work shall be done and no such trees removed until the Tree Preservation Plan
is approved and only then, in accordance with such approved Plan. It is agreed
by the Town that nothing in this paragraph shall prevent the Owner from 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 "W' 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 buil di ng 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 thi s
Agreement to provide access to the proposed building, have been
constructed to at. least the canpleted base course of asphalt, to the
written approval of the Director unless otherwise approved by the
Di rector. Furtherrrore, the roadsi de di tchi ng has been completed wi th
the exception of topSOil and sodding in accordance with the approved
Engineering Drawings and to the satisfaction of the Director of
Public Works.
L.R.: 22.6.87
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(3)
all of the Works req uired 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 uHu have been constructed and installed to the ~prova1 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
the Owner has provided the Director of Planning with a mylar and four
copies of a street nunberi ng plan satisfactory to the Town and each
street number shall permanently apply to the lot or block shown on
the Plan and shall be provided by the Owner to all subsequent owners;
and
(5)
(6)
the balance of all Development Levies have been paid in respect of
the lot or block in the Plan for which the building permit is ~plied
for; and
the Owner has deposited, and maintained in good standing, the Occupancy
Penalty fee as required by paragraph 3.15 of this Agreerrent; and
(8) if the application for a building permit is in respect of any lot or
block set out in Schedule "N" the Owner has fu1 filled the conditions
with respect to the lots and blocks as set out in Schedule UN" as
required by paragraph 4.3 of this Agreerrent; and
(7)
(9) if the application for a building permit is in respect of any lot or
block as set out in Schedule "0" the Owner has entered into a 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 Agreerrent.
(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 gradi ng 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 abutti ng the sai d Lands as i dent ifi eel by an ap proved
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 buil ding permits for up to four (4) model homes on
the lands, 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, perfonnance
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.
L.R.: 22.6.87
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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 Plblic Works
in respect of access to the model homes. Where an alternate access is
proposed to provide access to model homes, such access shall be of a
standard acceptable to the Director of Public Works and the Fire Chief
of the Town of Newcastle.
(2) The Owner agrees that any model home shall be used for display purposes
only and shall not be occupi ed for any resi dent i al purpose unti 1 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 residenti al purposes
contrary to this paragraph the provisions of paragraph 3.15 shall apply.
(3) (a) the Owner covenants and agrees with the Town that he will exercise or
cause to be exercised, architectural control over the design and
constructi on of dwelli ngs withi n the plan by requi ri ng that the
exterior construction of all dwellings be at least 40 percent masonry
e.g. brick, stone or other earthern products, but excluding stucco and
concrete block, or at least 40 percent finished wood siding, eXCluding
plywood, particle board or other similar wood sheeting materials.
Notwithstanding the foregoing, vinyl or aluminium siding which
simulates finished wood siding may be substituted for finished wood
siding with the approval of the Director of Planning.
(b) the Owner covenants and agrees that in the AgreelOOnt of Purchase and
Sale, he will require each builder purchasing from him to file, prior
to appl yi ng for a b uil di ng permi t, with the Town a Master Plan, to be
approved by the Town, for the lot purchased by the builder/purchaser
showing housing types, elevations and the distribution of models on
such lots.
4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not,to sell any or all of the said Lands until:
(1) the Town has registered against the title to such lands any grant of
~asement 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 ~od standing.
(5) the Owner has inserted in the agreement to purchase entered into by the
prospecti ve purchaser, not ice 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 HEQUIREMENTS FOR AUTHORIZATION TO OCCUpy
Notwithstanding the requirements of any statute regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other
structure, the Owner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building without the written permission
of the Town hereinafter called an "Occupancy Permit". In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any
buil di ng until:
L.R.: 22.6.87
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(1) all of the roads which are required to be constructed under this Agreement,
which will provide access to such building, have had the application of the
base course of asphalt, to the written approval of the Director and the
required street lighting system has been installed and energized; and
(2) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
approval of the Director, and the buil ding 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 Utilities; and
(4) the building has been connected to and is serviced by a water supply and sewage
di sposal system to the written approval of the author; ty havi n9 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 Gradi ng 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 Pennit in the event that the Owner
has not been able to comply with the requirements of sub-paragraph (5) by
reason of seasonal, weather or other conditions beyond the control of the
Owner. Prior to the "Temporary Occupancy" of said dwelling, confirmation with
respect to the compliance with the provisions of Sub-paragraphs 4.8{l), 4.8(2),
4.8(3), 4.8(4) and 4.8(6) is to be provided, in writing, by the Owner.
Furthertrore, the written certification required in Section 4.8(5) shall be
provi ded to the Town withi none (l) year of the date of "Temporary Occupancy"
of said dwelli ng unit. Fa il ure 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) Prior to final approval, the Ministry of the Environment shall receive for its
review and approval, a hydrologist's report which ascertains the availability
of an adequate supply of potable water to service the development. The supply
of potable water to service the developrrent. The report should canrrent on
existing quality as well as the potential for cross-contamination and well
interference. Furthermaore, the Owner agrees to carry out aor cause to be
carried out, the recommendations of the hydrologist's report referred to
above.
The owner agrees to insert the following clauses in the sale and purchase
agreements for each lot:
i) "Despite the noise control features within the development area and/or
within the individual dwelling unit, noise levels from adjacent Regional
Road No. 57 may occasionally interfere with some activities of the dwelling
occupants".
ii) "The purchaser shall acknowledge that drilled wells are required for each
i nd; vi d ua 1 lot.
(3) That the owner shall submit to the Region of Durham for review and approval, an
acoustic report to be prepared by an acoustic engineer, recanrrending the
necessary no; se attenuation measures necess; tated by the subdi vi sian's
proximity to Reg;ona1 Road No. 57. Furthertrore, the owner agrees to implerrent
those noise control measures as recommended in the acoustic report.
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4.9 SPECIAL CONDITIONS (CONT'D)
(4) The Owner and future owners are hereby made fully aware of the existence
of farming operations nearby and will not objection, complain or seek
legal action against such nuisances as noise and odour resulting from
normal farming practices.
L .R.: 22.6.87
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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 IOOre particularly referred to in Schedule "G" hereto
(hereinafter called "the Worksll). 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 responsi b le for thei r maintenance. After the
issuance of a Certificate of Acceptance, the Works shall vest in and become the
responsibility of the Town.
5.2 UTILITIES AND SERVICES REQUIRED
The Owner shall be responsible for entering into agreements with the appropriate
Public Utilities Commission or other such authority or company having
jurisdiction in the area of the said Lands for the design and installation of
the Utilities as IOOre 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
1I0wner's Engineer", to administer this Agreement, whose duties are set out in
Schedule III II hereto.
5.4 DESIGN OF WORKS
The Owner agrees that the design of all the Works shall comply with the Design
Criteria and Standard Detail Drawings of the Town. In the event of any dispute
as to such standards or in the event of any dispute as to such design
requirements, the decision of the Director shall be final.
5.5 APPROVAL OF ENGINEERING DRAWINGS
The Owner shall, prior to the issuance of any Authorization to Commence Works as
provided herein, have received the written approval of the Director for all
drawings of all of the Works hereinafter called the IIEngineering Drawingsll. If
no construction of the Works has canmenced within two (2) years of the date of
approval of the Engineering Drawings, the Engineering Drawings shall be
resubmitted to the Director for re-approval and further revisions if required by
the Director, and no work shall be done unless in accordance with the said
revised and re-approved drawings.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence Work as
provided herein, have received the written approval of the Director of a plan,
hereinafter called the IIGrading and Drainage Planll, 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 Gradi ng 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 canmenced within two (2) years
of the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for reapproval and revision,
if required by the Director and no such work shall be done unless in accordance
with the said revised and reapproved drawings.
5.7 STAGI NG 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 Canmence Work as
hereinafter provided, prepare for the approval of the Director of Public Works,
a plan hereinafter called the "Staging Planll ~ich divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
L .R.: 22.6.87
c&;
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The Owner shall not proceed until such Staging Plan has been approved by
Director of Public Works, and shall proceed only in accordance with such
approved Plan, except as it may be sUbsequently amended with the approval of
the Director of Public Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the "Schedule of Works") which sets out the timing sequence
in which the Owner proposes to construct and install all of the Works and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, prior to the Authorization to Canmence Work for each
such stage, receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
schedule, except as it mqy be sUbsequently amended with the approval of the
Di rector.
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, he rei 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 inst~lation of any of the
Works without the written permission of the Town, hereinafter called an
"Authori zation to Commence Works ". The Owner shall only commence those Works
pennitted by the Authorization to Canmence Works. In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued for any of the Works until:
(l) 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
(lO) the Owner has received written approval of the Directors of Public
Works, Planni n9 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.: 22.6.87
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(11) the Owner has received the written approval of the Director of the Grading
and Drainage Plan as required by paragraph 5.6 of this Agreement; and
(12) the Owner has received the written approval of the Director of Planning
for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement;
(13) the Owner has received the written approval of the Director of Pt.b1ic
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 "JII; 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 Authori zat ion to COllmen ce Works;
and
(19) the Owner has paid all costs due to the Town for oversizing and external
services as required by paragraph 5.27 of this Agreement; and
(20) notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule "GII hereto with the written aproval of the Director,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,10,11,13,14,15,16,17 and 18 of this Clause have been satisfied. No
Certificate of Acceptance of the work, as referred to in Clause 5.25 of this
Agreement, shall be issued by the Director, until the Plan has been registered
and all other requirements relevant to the Certificate of Acceptance have been
met.' The construction or installation of any of the work pursuant to this
clause shall, notwithstanding the aforementioned approval of the Director, be
taken at the sole ri sk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting from the construction
or installation of any of the work as may be undertaken pursuant to this Clause.
5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging Plan for the said Lands, the Owner shall
require an Authorization to Canmence 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 provi de that employees or agents of the Muni ci pali ty 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
perfonned in a manner which may result in a cOllpleted installation that wou1 d
not be satisfactory to the Town or in the event the financial guarantees,
required pursuant to this Agreement, are not maintained in good standing.
L.R.: 22.6.87
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5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carried
out in accordance with the regulations for construction as set out in Schedule
"l" hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as required
by the approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of
all of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading,
driveway approaches, sodding and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or causing
to be executed the Work requi red by th i s Agreement, in such a manner that it
will be completed within the time specified for such completion, or if the said
Work is bei ng improperly done, or if the Owner neglects or abandons the sai d
Work, or any part of it, before completion, or unreasonably delays the execution
of tne 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 perfonnance unrer
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 (lO) 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 energency, in the
opinion of the Director, such work may be done without prior notice, but the
Owner shall forthwith be notified. The cost of such work shall be calculated by
the Director, whose decision shall be final. It is understood and agreed that
the total costs shall inc1 ude a management fee of th i rty (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
fi 1i ngs shall constitute a default in performance unrer thi s agreement, then in
any such case the Director may notify the Owner and his surety in writing of
L.R.: 22.6.87
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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 notice
from the Director reinstate the performance or maintenance guarantee to the full
val ue 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 sai d Lands for the purpose of maki ng emergency repa i rs to
any of the Works. Such entry and repairing shall not be deemed an acceptance of
any of the Works by the Town, nor an assumption by the Town of any liability in
connection therewith, nor a release of the Owner from any of its obligations
under this Agreement.
5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(l) 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
hydrogeologist and approved by the Director of Public Works. The Owner further
agrees to undertake separate reports, to the satisfaction of the Director of
Public Works, for each and every occurrence of apparent well interference caused
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 durati on (i .e. duri ng the course of rewateri ng and excavation
and within one month of the completion of dewatering) make available
to the affected party, a temporary supply of water at no cost to the
affected party; or
(b) where the interference to a well or private water supply is of a long
term duration, at the option of the Owner and at his expense, connect
the affected party to the Town water supply system or provide a new
well or private water system so that water supplied to the affected
party shall be of a quality and quanti~ 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 desi gned. Such use
of any of the Works shall not be deemed an acceptance of any of the Works by the
Town nor an assumption by the Town of any liability in connection'therewith, nor
a release of the Owner from any of his obligations under this Agreement.
L.R.: 22.6.87
~
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5.2l 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
mai ntai n safe and adequate access to all occupi ed buil di ngs.
(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
assumpti on of the road and the road shall not be deemed to have been ~s sumed
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 reemed to be
completed for the purposes of this Agreement until the Director has provided the
Owner with written confirmation thereof, referred to herein as a "Certificate of
Completion". In addition to any other requirements contained herein, no
Certificate of Completion shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is required, have been inspected by the
Director, and he is satisfied such Works have been constructed and installed in
accordance with the latest version of the Engineering Drawings approved by the
Director; and
(2) , The Town is sati sfi ed that, in respect of the construct ion and
installation of all of the Works authorized by such Authorization to Canmence
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 Cert i fi cate of Comp let i on for the initi a1
stage of road construction or upon the date of the issuance of the
Certificate of Completion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
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 Acceptance". In addition to
any other requirements contained herein, no Certificate of Acceptance shall be
L.R.: 22.6.87
~
/f
- 20 -
issued until all of the Works covered by such Certificate of Canp1etion have
been inspected by the Director and the Town Council has approved the written
report of the Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this Agreement.
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 ri ght or claim thereto, other than
as an Owner of 1 and abutting a road in wh i ch su ch Wo rks are i nst all ed.
5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to
provi de the Owner wi th a written release for the sai d Lands, referred to herei n
as the IICertificate of Re1easell, in a form suitable for registration or deposit
in the applicable Registry or Land Titles Office. In addition to any of the
requirements contained herein, the Certificate of Release for such stage shall
not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works; and
(2) a registered Ontario Land Surveyor, approved by the Town, has provided the
Town with written confirmation that at a date not earlier than the end of
the maintenance period described herein, he has found or replaced all
standard iron bars as shown on the Plan and survey monuments at all block
corners, the end of all curves, other than corner roundings, and all points
of change in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner has met
all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner's
acceptance of the conditions for applying for Town building permits as provided
here,i n.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(l) In the event that the Owner is required to install oversized services
(hereinafter call ed 1I0versi zed Servi cesll) or servi ces outsi de the 1i mit s of the
Pl an of Subdi vi sion (hereinafter called IIExternal Servi cesll) which are more
particularly set out in Schedule IIplI 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 IIP") that is
equal to the proportion of the excess capaci ty 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 determini ng the
cost of the Oversized or External Services there shall be added annually from
the first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule lip" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate of
Completion, at the highest prime lending rate charged during the previous year
by the Bank of Montreal at its main branch in the City of Toronto, plus two
percent (2%).
(2) In the event that payment is required to be made under this paragraph by
the Town before the issuance of a Certificate of Completion, no interest shall
be added to the cost of Oversized or External Services.
L.R.: 22.6.87
~.
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- 21
(3) In the event that payment is required to be made under this paragrcph 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 RESPONS1BIL ITY 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 responsibi li ty for the
fo 11 owi ng:
(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 tenns of Paragraph 4.5 "Requirenents for
Building Permits" of this Agreement if, at the time, a Certificate for Release
is issued, no building permit has been issued for such lot or lots.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the part i es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
)
)
)
)
)
)
)
)
)
)
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L .R.: 22.6.87
OF THE TOWN OF NEWCASTLE
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..... UNUS ENTERPRIS TO.
~
.
" THIS SCHEDULE IS SCHEDULE IIA" to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR THAT certain parcel or tract of land and premises situate,
lying and being in the Town of Newcastle, in the Regional Municipality of Durham
and being composed of that Part of Lot 15, in Concession 3 of the geographic
Township of Darlington, more particularly described as follows:
'"
Part 1, on Reference Plan lOR-2433, now being Parcel: 15-7, Section:
Con~3, Newcastle (Darlington).
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
)
)
)
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~UNUS ENTERPRISES LTD.
L.R.: 27.7.87
~I
. .
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
and
copy of Plan of Subdivision 18T-86047
Part Lot 15, Concession 3, Darlington
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parti es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authori zed in that behal f.
SIGNED, SEALED AND DELIVERED}
In the presence of: )
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L.R.: 22.6.87
~:
PLAN
.
OF PART
TOWNSHIP
TOWN
REGIONAL
.. OF SUBDIVISION
O~' LOT 15 . CONCESSION 3
OF DARlINGTON now in the
OF
NEWCASTLE
OF DURHAM
MUNICIPALITY
SCALE I. IUD
C.F. FLEISCHMlINN , O.L.S. , 1981
'0.
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METRIC: OISTllNCES SHOWN 011 THIS PLlIN liRE IN METRES
IIND CAN BE CONVERTED TO FUT BY DIVIDING BY 0.3048.
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MAIlIINGS ARE ASTRONOMIC AND ARE REFERRED TO THE
.. 1804"4O"W Of' THE WEST LIMn OF REGtOWAL ROAD
... 57 AS SHOWtf ON PLAN .011I-2453. TOWN 0'
WrWCASTL€. REGIONAL MUNICIPALITY Of' OlJlfHAM.
.... DENOTES SURYE''' MOf\IUM!NT rOUND
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PLAN lOM-
J CERTIFV THAT THIS PLAN 10M-_ _ _ _ IS REGISTERED
IN THE LAND AEGISTRY OFFICE' FOR THE LAND TITLES
DIVISION OF fEIoIC....STLE 'NO. 10) AT O'CLOCK ON
THE_ _ _ OAY OF"_ _ _ _ .19_ _ _ :-AM,-ENTERED
IN TIoE RFGIstFA FOR PARCEL
SECfJON _ _ _ _ _ _ . AflC) AEQUlAEO -CONSt;"'S Ate)
AFFIDAVITS ARF REl;tSTEAEO AS PLAN DOC~NT NO.
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DETAIL
lnOI to leale'
APPROVED UNDER BY-LAW 165/83.PASSEO PURSUANT TO ONTARIO
REGULATIONS 0475/f13 AND .76/83 MADE IN)ER THE PLANNING
ACT R.S,Q. 1983 . ON
THE. ____DAy OF_______ .1987.
CQKI(tSSIOHER OF PLANlIING
IN WITNESS WHEREOF THE CON'ORATlOH OfF THE REGIONAL
MUNICIPALITY OF DUAHAH HAS HEREUNTO AFfl"lJ(ED ITS SEAL
PROPERLY AT"tESTEO
THIS_ _ _ _ _ OAY OF _ _ _ _ _ _ _ _ ,1987
REGIONAL CHA)R"A'"
REGIO"/....L CLERK
OWNER'S CERTIFICATE
THI$ IS TO tERTIFY THAT
I LOTS I TO 12'~ 80TH INCLUSIve ,THE' STREET NAMELY TAUNUS COURt
THE STAEn WIDENINGS NAMELY BLOCKS 13, 14 AND 19 AND THE '
RESERVES NAWELY BLOCKS 15, 16, 17 AND 18 HAVE BEEN LAID OUT
IN ACCORDANCE WITH OUR INSTRUCTIONS.
2. T~E stREET AND STREEt "!WIDENINGS NAMELY BLOCKS 13, 14 AND 19
ARE HEREBY DEDICATED AS PUBLIC HIGHWAyS.
DATED THE_ _ _DAY OF"
19117.
SURVEYOR'S CERTIFICATE
I CERTIFy THAT
',')
I. THIS SURVEY AND PlAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT ANn THE LAND nTLES ACT AND THE REG\A..ATIQNS tUDE
THf'REUNDER
2 TH( SUIWEY WAS COMPLETED ON TME
C.F. FLEISCHMANN
OfiITAJtIO LAND SURVEYOA
OONEVAN a
ONTARIO
II ONTARIO STREeT
OSHAWA llG 4Y6
T25-479S 683_370i
DRAWN Bl' J.D.J.
FLEISCHMANN CO. LTD.
LAND SURVEYORS
PIC~ERING TOWN CENTRE
PIC~ERING LtV IBB
839 - 8893
I 112!10 JOB N9 1-&64'
THIS SCHEDULE IS SCHEDULE lIell to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
CHARGES AGAINST SAID LANDS
(2) LOCAL IMPROVEMENT CHARGES
(to be pai d u pan execut ion
of said Agreement, if applicable)
(to be pai d upon execution
of said Agreement, if applicable)
(to be pa i d upon execut ion
of said Agreement, if applicable)
(1 ) MUN IC IP AL TAXES
(3) DRAINAGE CHARGES
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parti es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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~TAUNUS ~:r;;;;RISES UD.
L.R.: 22.6.87
~
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of $16t225.50
(calculated at the rate of $1,475.00 for each dwelling unit) which shall be paid
as follows:
25% of the aforesaid sum being $4,056.25 forthwith upon the date of
execution of this Agreement
25% of the aforesaid sum being $4,056.25 at the date of the issuance of
the building permit for the first dwel1i ng unit.
25% of the aforesaid sum being $4,056.25 prior to the issuance of the
building permit for the 6th dwelling unit.
the remainder of the aforesaid sum being $4,056.25 prior to the issuance
of the building permit for the 9th dwelling unit.
For the purposes of this Schedule and the Agreement development charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated by this
Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
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 building
permits issued shall be the aggregate of all buil ding permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
The town shall review its schedule of development charges annually and may
adjust the amount of the development charges herein in accordance therewith.
The Owner hereby acknowledges and agrees to such annual adjustment and further
agrees that such adjusted development charges shall be applicable to all lots or
blocks within the Plan for which development charges remain due.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
)
)
)
)
)
)
)
OF THE TOWN OF NEWCASTLE
.
l~ R-o/y
) AUNUS ENTERPRISES LTD. '
) .
)
L.R.: 22.6.87
~'
.~~
~/"
THIS SCHEDULE IS SCHEDULE liE II to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
GRANTS OF EASEfvf:NTS TO BE DED ICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
To Be Provided By Owner
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)
1 n the prese nee of: )
)
)
)
)
) RK
l ~us CO~~~~
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l~~ IAUN~ENrERPRISES LTO.
)
loR.: 22.6,,87
~
~
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 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 followi ng land:
Blocks 15 and 18 on Draft Plan
.......
0.3 Metre Reserve
Blocks 13 and 14 on Draft Plan
.......
Road Widening
(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 publ ic purposes, the amount of fi ve percent
(5%) of the market value of the said lands agreed upon as five percent
(5%) of $$245,000.00, being $12,275.00 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 )
In the presence of: )
, )
)
)
)
)
)
)
)
)
)
)
)
)
L.R.: 22.6.87
~ ~,r-
AUNUS ENTERPRISES L TO.
~
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
WORKS REQUIRED
1. STORM SEWER SYSTEM NOT APPLICABLE
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and
storm water originating within the said lands, including storm sewer mai ns,
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 Engi ne eri ng Drawi ngs for the storm drai nage 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
1 and s .
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as ft)llows:-
(a) pavement widths to be applied to the following streets:- 6.7 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 Desi gn Criteria & Standard Drawi ngs.
(c) NOT APPLICABLE
(d) NOT APPLICABLE'
( e ) ,NOT APPL I CAB LE
(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 between
the curbs and the property line, as according to the Town of Newcastle's
Design Criteria and Standard Drawings to the satisfaction of the Director
of Public Works.
L.R.: 22.6.87
~
<
Schedule "G"
- 2 -
(h) The Owner agrees to supply, install and 'maintain traffic signs and
permanent street-name signs, in accordance with the Town's Design Criteria
and Standard Drawings and to the satisfaction of the Director of Public
Works.
(i) NOT APPLICABLE
3. PEDESTRIAN WALKWAYS NOT APPLICABLE
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings to be approved by the Director of Public Works, and shall
be:
(i) paved or concrete from edge to edge;
(ii) properly 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 Town1s Standard
Drawings, and construct and maintain such turning circles in accordance with the
Town's Design Criteria and Standards Drawings, approved by the Director of
Public Works. Such temporary turning circle shall be shown on the final plans
as a block and shall be held by the Town until the extension of Street lal at
which time the block shall be conveyed without charge to the owners of the
abutting lots.
5. CONSERVATION WORKS SEE SCHEDULE -Q-
In addition to the work required by the Schedule "Q", the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works.
6. LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to the Tree
Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director
of Public Works and in the case of parks, to the satisfaction of the Director of
Community Services.
7. FENCING NOT APPLICABLE
The Owner agrees to supply, erect and maintain fencing in accordance with
Engineering Drawings to be approved by the Director of Plblic 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.: 22.6.87
~~.
Schedule "G"
- 3 -
8. EXTERNAL WORKS
The Owner agrees to pay one-half of the cost of reconstruction of
abutting his lands. The reconstruction program will include:
(a) (i) Storm sewer system and all appurtenances
(ii) Installation of Granular "A" and "B" and pavi ng to a paverrent
width of 10 metres
(iii) Curb and Gutters and Sidewalks
(iv) Sodding of boulevards
(v) Pavi ng of driveway approaches
(vi) Street lighting
(vii) Any Regional works required.
(b) All work to be completed to the Town of Newcastle's Design Criteria and
Standard Drawi ngs and as per the Engineeri ng Draw; ngs 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 beh~f.
SIGNED, SEALED AND DELIVERED
In the presence of:
) TOWN OF NEWCASTLE
)
)
)
~ ,~.
)
1/~oNUS ~~
) ~L~-v/'
~AUNffS~~?r~.
L.R.: 22.6.87
~
~-.
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTE~1
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 Slbdivision for the design,
provision and installation of a complete cable television distribution system to
serve the said Lands. All cable televi sion services are to be installed
unde rground.
6. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provlslon and installation of a
mail distribution system to service the sa.id lands, in the location as approved
by the Di rector.
L.R.: 22.6.87
~.
. cz;;..oo
Page 2 of SCHEDULE "H"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
L.R.: 22.6.87
T E TOWN OF NEWCASTLE
~
THIS SCHEDULE IS SCHEDULE "1" to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Ownerls Engineers shall prepare the following for the approval of the
Di rector:
(a) the Engineeering Drawings;
(b) the Gradi ng and Drai nage 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 drawi ngs, 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 followi ng:
(a) provide field layout including the provision of line and grade to the
, contractors and, where required, restaki ng; and
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract doucments; 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
Di rector; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce
the As-constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of
the construction and installation on a nonth1y basis, or at such other interval
as approved by the Director.
L.R.: 22.6.87
~
'"
Schedule I
6. PREPARE AS CONSTRUCTED DRAWINGS
- 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 fi rst above written and the parti es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
)
l~~~
) ....ROS .. CONS T .
IpUNU~~~D'
)
L. R . : 22.6.87
4;
THIS SCHEDULE IS SCHEDULE "JII to the Agreement which has been authorized and
approved by By-law No. 87-SO of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
COST ESTIMATES
ITEM DESCRIPTION TOTAL
1. Excavation $ 2,910.00
2. Granul ar liB" (300 om) 10,830.00
3. Granular "A" (150 mm) 6,890.00
4. Binder Asphalt (50 mm) 8,242.00
5. Surface Asphalt (40 mm) 6,591.00
6. Nursery Sod on 100mm Topsoil 3,720.00
7. 500 mm Dia. CSP Culvert 2,000.00
8. Regrading of Existing Ditch 12,260.00
9. Street Lighting (Taunus Court) 2,800.00
10. Street Lighting (Old Scugog) 2,000.00
Sub Total $58,243.00
15% Engineering 8,736.45
TOTAL $66,979.45
LETTER OF CREDIT $67,000.00
Inspection Fees based on $61,155.15 @ 4% = $2,446.21
CASH CONTRIBUTION
TOTAL
TOTAL
$ 4,950.00
18,300.00
19,875.00
23,920.00
19,110.00
$86,155.00
$12,923.25
$99,078.25
1.
2.
3.
4.
5.
Excavation of Existing Road
Granu1 ar "B" (300 mm)
Granular "A" (150 mm)
Binder Asphalt (50 mm)
Surface Asphalt (40 mm)
'Sub Total
15% Engi neeri ng
Total Length of Frontage - 505.88m
Road Cost Per Metre - $180.14
DEVELOPER'S COST
Frontage - 358.87m x $180.14 x 50% =
Flankage - 147.01m x $180.14 x 25% =
Total Cost
$32,323.42
$ 6,620.60
$38,944.02 to be paid upon execution
of said Agreement.
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Director of
Public Works, a revised Cost Estimate of the Works, Underground Hydro,
Engineering and Contingencies shall be prepared by the Owner's Engineer and
submitted to the Director of Public Works for his approval. This revised Cost
Estimate shall be used as a basis to adjust the Performance Guarantee, if the
Estimate increases or decreases.
L.R.: 27.7.87
~
Page 2 of Schedul e IIJ II
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the
day and year first above written and the parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in
that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
~ .~-
! ~ ~ CLERK
l ~;:AU~Z~lU~
)~ TAU NTERPR1SES LTD.
L.R.: 27.7.87
~
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 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 thi ngs used to construct or install any of
the Works or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including workmen employed on the said
Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of effluent
from any sewage 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 rndirectly by reason of the Owner undertaking the development
of the said Lands together with any or all of the Works and Utiliti 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
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or
structure; or
(b) any pile driving or caisson work; or
L.R.: 22.6.87
~
Page 2 of Schedule "K"
(c) any collapse or subsidence of any building, structure or land from any
cause; or
(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
affi xed their corporate seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
)
l~~
) -'R OS CO NS - ~ .
l h ~,~_/""--
~ TAUNUS ENTERPRISES L TD.
)
L .R.: 22.6.87
~
THIS SCHEDULE IS SCHEDULE IILII to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 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 cpproved
by the Director. The Town shall not be responsible for the removal or disposal
of garbage and debri s. The Owner agrees to deli ver a copy of thi s clause to
each and every builder obtaining a building permit for any part of the said
Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests made of
any materi a 1 s or equipment i nst all ed or proposed to be i nst all ed. Thee ost s 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 Agreenent 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 untravelled
portion of any public road allowance without the prior written approval of the
authority having jurisdiction over such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the base course of asphalt on any
road required to be constructed under this Agreement, remove any contamination
of the granular base course and repair and replace such base course, where
necessary, to the approval of the Director, in order that the construction of
such road shall not have suffered due to any use of the granular base course as
a temporary road.
Similarly, the Owner shall, prior to the placement of the surface of asphalt on
any road required to be constructed under this Agreement, clean the base course
of asphalt and repair and replace such base course where necessary.
loR.: 22.6.87
~
Page 2 of Schedule "L"
8. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
)
)
)
)
)
)
)
) .-
~TAUNur;~~s LTD.
L.R.: 22.6.87
~~~'
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
Lots 1 to 12 Inclusive
In accordance with By-law
84-63, as amended, of the
Town of Newcastle
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED)
In the presence of: )
)
)
~ -~.
\~~~
)..-----R CONS .. -
l ~ ~~~
V- AUNUS ENTERPRISES LTD.
L.R.: 22.6.87
~
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 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
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
) N F THE TOWN OF NEWCASTLE
)
)
)
~ ~,
)
)~~~ -~
) ~ ~C~.
) ~ CO ON UD.
~ u:=/~~
) AUNUS ENTERPR TO.
) .
L.R.: 22.6.87
~
. .
THIS SCHEDULE IS SCHEDULE "0" to the Agreement whi ch has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any of the lands listed in the following table
until a site pl an agreement has been entered into with the Town and the buil di ng
permit complies in all respects with the terms of the site plan agreement.
LOT OR BLOCK NUMBER
NOT APPLICABLE
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
) F THE TOWN OF NEWCASTLE
)
)
)
)
)
)
! ~co~~-c:
)~ ~/~
) .pz;, ?/p~ //
!~--~ -~UNUS ENTERPRISES LTD.
loR.: 22.6.87
~
. THIS SCHEDULE IS SCHEDULE IIpll to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
l. EXTERNAL ROAD SYSTEMS: NOT APPLICABLE
The Town endeavours to co 11 ect from the developers of the lands abutti 09 ~, 50
percent of the road construction costs where external developers abut one side
of the road, and 100 percent of the road construction costs where external
developers abut both side of the road, and rebate said amount to the Owner.
The construction cost of these road works to be rebated is $
The above figure represents the estimated road construction cost based on the
engineering drawings as outlined in Schedules IGI & IJI and approved by the
Director of Public Works. Upon completion of the road construction, the above
estimated cost shall be updated to reflect the las constructed' costs and
subsequently be approved by the Director of Public Works.
There shall be no reimbursement by the Town to the Owner for improvements to the
external roads.
2. STORM DRAINAGE: NOT APPLICABLE
In accordance with Section 5.27 of the Agreement and Schedule "G" (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
collect and reimburse the Owner, fifty percent of the sewer construction costs
where external developers abut one si de 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 IG' & 'J' and approved by the
Director of Public Works. Upon completion of the storm construction, the above
estimated cost shall be updated to reflect the 'as constructed' costs and
SUbsequently be approved by the Director of Public Works.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
) THE CORP A 0 0 THE TOWN OF NEWCASTLE
)
)
)
~ ' c0~~.
)
l~~~
) .-/'R US CONSTRUC~ L .
~ ~/_C~-
~ AUNUS ENTERPRISES L TD.
loR.: 22.6.87
~~
c::.?7
"
. .
THIS SCHEDULE IS SCHEDULE IIQII to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
CONSERVATION AUTHORITylS WORKS
The Owner agrees as follows:
1. No grading, filling or the construction of storm sewer appurtenances shall
occur without the written approval of the Central Lake Ontario Conservation
Authori ty.
2. The Owner agrees to carry out, or cause to be carried out, those conditions
on fill or construction permits issued for the site by the Central Lake
Ontario Conservation Authority.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their cor~orate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
)
)
)
) lJ
~ ,cI1~.
), --
l~~~
)~ US CONSTRUCT! LT.
) ~
) /~~-
~AUNn:_nTERPRISES LTD.
L.R.: 22.6.87
~
I
. .
.
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authori zed and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
ENGINEERING AND I NSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
$100,000.00 to $500,000.00
4% to a MAXIMUM OF $4,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greate r
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00
$l,OOO,OOO.OO to $2,000,000.00
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$67,500.00 or 2% of the estimated
cost of services - whichever is
great er
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 DELIVERED
In the presence of:
) THE TOWN OF NEWCASTLE
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L.R.: 22.6.87
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THIS SCHEDULE IS SCHEDULE IISII to the Agreement which has been authorized and
approved by By-law No. 87-50 of the Corporation of the Town of Newcastle,
enacted and passed the 23th day of March, 1987.
REGION IS COND ITIONS OF DRAFT PLAN APP ROV AL
- SEE ATTACHED -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers dUly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of:
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L.R.: 22.6.87
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DURHAM
The Regional
Municipality
of Durham
Planning
Department
Box 623
105 Consumers Dr.
Whitby, Ontario
Canada. L 1 N 6A3
(416) 668-7731
DR. M. R. MICHAEL. M.C.I.P.
Commissioner of Planning
May 26, 1987
Tr' r",~' ,ro:' . \ ~~:~
~llJl~~;l ~.i ~Jll) I
MAY 28 1981
TOWN OF NEWCASTlE
PLANNING DEPARTMENT
Rossert Taunus Construction Ltd.
R.R.#2
Bowmanvil1e, Ontario
LlC 3K3
Dear Sirs:
Re: Amendment to Conditions of Draft Approval
File: 18T-86047
Location: Part 15, Conc. 3 (Darlington)
Municipa1it~: Town of Newcastle
Please be advised that conditions of draft approval for the
above-noted Plan of Subdivision issued on April 23, 1987 are
hereby amended as follows:
Condition Nos. 17c), 17f), and 18c) are deleted and replaced with
the following:
"17e) The owner agrees to carry out or cause to be carri ed
out the recommendation of the hydrologist's report
referred to in Condition 13.
17f) The owner agrees to insert the following clauses in the
sale and purchase agreements for each lot:
i) "Despite the noise control features within the
development area and/or within the individual
dwelling unit, noise levels from adjacent
Regional Road No. 57 may occasionally interfere
with some activities of the dwelling
occupants. II
ii) liThe purchaser shall acknowledge that drilled
wells are required for each individual lot.
18c) The Durham Regional Health Services Department, how
Conditions 17d) and 17f)ii) have been satisfied.
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Amendments to Condition 17f) have been made at the request of the
Durham Health Services Department to ensure that prospective
purchasers of lots within this subdivision are made aware of the
Regional Health Services Department's policy on private wells.
Amendment to Condition No. 17c) is necessary to correct a
typographical error. All .other conditions remain as issued.
Yours very truly,
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Dr. M. Michael, M~C.1~.
Commissioner of Planning
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cc. Mr. T. Edwards, Town of Newcastle
Ministry of Municipal Affairs
Mr. C. Lunqy, Regional Clerk
Regional Health Services Department
C.L.O.C.A.
Ministry of the Environment
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Attachment to letter dated April 23, 1987.
From: Ur. M. Michael,Commissioner of Planning
To: Rossert Tau'nus Construction Ltd.
Re: Plan of Subdivision 18T-86047
Town of Newcastle
CONuIT10NS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF
SUBDIVISION ARE AS FOLLOWS
!. That this approval applies to draft plan of subdivision
1~T-86047, prepared by o. G. Biddle & Associates Ltd.,
identified as Project No. 86140 and dated August, 1986, which
is revised in red as per the attached plan showing 12 single
detached dwelling lots and various reserves and blocks for
road widening.
2. That the road allowances included in this draft plan snall 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 Uurham and the Town
of Newcastle.
4. That Blocks 13 and 14 shall be dedicated as public highways
for the purpose of widening Old Scugog Road.
5. That Block 19 shall be dedicated as public highway for the
purpose of widening Regional Road No. 57.
6. T~at the reserves as shown as Blocks 15 and 18 shall be
conveyed to the Town of Newcastle.
7. 1hat-the reserves as shown as Blocks 16 and 17 shall be
conveyed to the Regional Municipality of Our~am.
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8. The owner shall satisfy the Town of Newcastle with respect to
i~provement to Old Scugog Road.
9. Tnat the owner shall convey land to the Town of Newcastle for
park or other public recreational purposes in accordance with
the Planning Act. Alternatively, the municipality may accept
cash-in-lieu of such conveyance.
10. That such easements as may be required for utilities,
drainage and servicing purposes shall be granted to the
appropriate authority.
11. 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. The lots shall conform to frontage and area requi rements
of the "Residential Estate" zone of Town of Newcastle By-law
84-63.
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12.
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13.
That the owner shall submit to the Region of Durham for
review and approval, an acoustic report to be prepared by an
acoustic engineer, recommending the necessary noise"
attenuation measures necessitated by the subdivision's
prox i mity to Regi ona 1 Road No. 57.
prior to final approval, the Ministry of the Environment
shall receive for its review and 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.
No grading, filling or the construction of stonn sewer
appurtenances shall occur without the written approval of the
Central Lake Ontario Conservation Authority.
That prior to final approval of the plan, tne owner shall
satisfy all requirements, financial and otherwise, of the
Region of Ourham. This shall include, among other matters,
execution of a subdivision agreement between the owner and
the Region of Durham concerning payment of service charges
and/or development charge levies, phasing of development,
provision and installation of any Regional Service, and
conveyance of any reserves and/or road widenings.
That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Town of Newcastle. This shall include, among other matters,
execution of a subdivision agreement between the owner and
the Town of Newcastle, concerning the provision and
installation of roads, services and drainage, and other local
services.
14.
15.
16.
That the subdivision agreement between the owner and the Town
of Newcastle shall contain, among other matters, the
following provisions:
~) the owner agrees to carry out, or cause to be carried
out, those conditions on fill or construction permits
issued for the site by the Central Lake Ontario
Conservation Authority;
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 carry out or cause to be carried out,
the recommendations of the hydrologist's report referred
to in Condition 12;
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d) the owner agrees to obtain approval from the Uurham
Region Health Services I.)epartment with respect to the
installation of sub-surface sewage disposal systems and
drilled wells;
e) that it be reglstered on title that the owner and future
owners are fully aware of the exi stence of farmi n9
operations nearby and will not object, complain or seek
legal action against such nuisances as noise and odour
resulting from normal farming practices;
f) the owner agrees to insert the following clause in the
sale and purchase agreement for each lot:
"Oespite the noise control features within the
development area and/or within the individual dwelling
unit, noise levels from adjacent Regional Road No. 57
may occasionally interfere wi th some acti vi ties of the
dwelling occupants."
9) The owner agrees to implement those noise control
measures as recommended in the acoustic report as
required in condition 12.
18. That prior to final approval, the Commissioner of Planning
for the Region of Durham, shall be advised in writing by:
a)
the Central Lake Ontario Conservation Authority, how
conditions 14,17a) and 17b)
have been satisfied.
b)
the Ministry of the Environment, how conditions 13 and
17c) have been satisfied.
c)
the Durham Regional Health Services Department, how
condition 17d) has been satisfied. .
d)
tne Town of Newcastle, how conditions 1,2,3,4,6,8,9,10,
11,16,17(e) and (f) have been satisfied.
TO URAFT APPROVAL
1. AS owner of the proposed subdivision, it is in your interest
as well as your responsibility to satisfy all conditions of
approval in an expeditious manner.
2. All plans of subdivision must be registered in the land
titles system within the Durham Region.
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Where agencies requirements are contained in the subdivision
agreement, a copy of the agreement shall be sent to these
agencies in order to fayilitate their clearance for final
approval. These agencies are:
a) Mr. Chris Conti, Central Lake Ontario Conservation
Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3
0) Mr. U. Pirie, Ministry of the Environment, 7 Overlea
Blvd., 4th Floor, uon Mills, Ontario, M4H lAB.
c) Mr. B. uevitt, Health Services Department, 301 Golf
Street, Oshawa, Ontario, L1G 4B2.
d) Mr. Franklin Wu, Manager, Current Operations Branch,
Planning Uepartment, Region of Durham, Box 623, 105
Consumers urive, Whitby, L1N 6AJ (668-7731)
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DATED:
1987
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
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ROSSERT TAUNUS CONSTRUCTION LTD.
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ROSSERT TAUNUS ENTERPRISES LTD.
SUBD1V ISION AffiEEfvf:NT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Onta rio, LOB 1 JO
File: 18T-86047
L.R.: 22.6.87