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HomeMy WebLinkAbout88-93 ...' DN: B/L AMENDEDcfY I BY.LAW #...l.-;.I..~.. . , THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- 93 being a By-law to authorize the entering into of an Agreement with Schickedanz Brothers Limited and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement between Schickedanz Brothers Limited and the said Corporation dated the day of , 1988, in the form attached hereto as Schedule "X". 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Town, the said conveyances of lands required pursuant to the aforesaid Agreement. 3. THAT Schedule "X" attached hereto forms part of this By-law. BY-LAW read a first time this 27th day of June 1988 BY-LAW read a second time this 27th day of June 1988 BY-LAW read a third time and finally passed this 27th day of June 1988. {. CLERK MAYOR .~ J ~". CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVlllE. ONTARIO Ll C 3A6 , October 3 , 1989. LawreneeC. Wesson, McIver and Wesson, Barristers & Solicitors, Suite 1605 - 372 Bay Street, Toronto, Ontario. MSH 2W9. Dear Sir: #I~. 79-13 . TELEPHONE 623-3379 Re; subdivision Agreement between Schickedanz Bros. Limited and The Corporation of the Town of Newcast.1e - 18'1'-87033 Enclosed herewith is an executed copy of the subject Agreement which was registered in the Registry Office, Registry Division of Newcastle (No. 10), on July 24, 1989, as Instrument Number 153022. PLB/ms Enclosure cc: Planning Department Public Works Department \, \ -- ~ Document Gel1Afill Fann 4 - Land Registration A~ ACt, 1984 . ~ ."prOVlnce of Ontario OiiJ..., 153022 lUMBER 'T"" - .. _11 OF _.. ~ Z o w UJ :::> w u u: LI,;;' o ~ JUl 24 2 39 PM '89 lAA= NEWCASTLE No. 10 BOWMANVIWI New Property Identifiers Additional: See Schedule ExecutIOns Additional: See Schedule (8) TNs Document provides as follows: ..-'- o (1) Reg_try lKJ land Titles 0 (2) Page 1 of pages (3) Property Block IdenUfler(s) Property Additional: See 0 Schedule (4) Nature of Document SUBDIVISION AGREEMENT (5) Consideration Nil Dollars $ (6) Description Part of Lots 9 and lO, Concession 2, in the Original Township of Darlington, now in the Town of Newcastle, Regional Muni cipal i ty of Durham) FC(fIIIleJI Iy 7(Tk/11 dt ~tAJl1'4"v:/le Continued on Schedule f~~e..s 11-, '1 ~ T'1&./-. o [J (7) This Document Contains: ! (b) Schedule for: : I D! Description [il Additional Parties 0 Other rn (al Redescription New Easement Plan/Sketch Subdivision Agreement dated July 18, 1989 between The Corporation of the 'i',own of Newcastle and Schickedanz Bros. Limi ted - Attached SCHICKEDANZ BROS. LIMITED (Owner) . "... .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . (9) thls:Oocument relates to Instrument number(s) (10)P$iy(les) (Set out Status or Interest) Name(s) Continued on Schedule S)~~ Date of Signature Y M 0 J ; : l ... ... .... .............I~~.~~19.7.i.?Q L rence C. Wesson ! I'! I I . I . . . . .. ... .. . .. .. .. .. . . . .. . . . .. . . . .. .. . . . . . . . . : . . . .. .. .1. . . : I ! I I I' . . . . . . . . . . . . . . . . . . . . . . . . . . . . I' . . . . I . . .1. . . 1 : i I i 'I i , . . . P.~ . it~. .~Qli~.i.t.q1;'. f.,J\.w.~I;:~~~. .G, . W.E.~E?Q~. . .., .. .. .. .. .. .. . 0 .. " .. . . . 0." . . . . . . . . . . . . . . . . . . . . . .. . . . . (11) Address ~rSeM~ 3311 Bayview Avenue, Willowdale, Ontario. M2K 2G4 (1a) Party(les) (Set out Status ot' Interest) Nat'ne(s) Signature(s) Date of Signature Y M 0 I . . . .To~~ . ~~~.~<?~~??I.~~ . ~~. .~~~. :r.~~~ . ~~. .~~~~!\S~~.~ . ~ ?~. .~t:~. .~E7<;:?f1.~ . ~~.r.~ ~ . . . . . t . . . . . l I I , I , . .. . . .. . .. . .. .. . .. . . . .. .. . . . . . . . . . .. . . . . . . .... . . .. . . I , : : , . . . . . . . . .. . . . . . . . . .. . . .. . .. . . . . . . .. . . . . t . . . . . I I I I I . . ... . 0 . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . ..:...... .. . . . .. . .. . . . " . . . . ... . . . . . . . . . . . . . . . . . . . . . . Street, Bowmanvi11e, ontario. LIC 3K6 Assigned alld Gilbert, Limited (15) Document Prepared by: LAWRENCE C. WESSON McIver and Wesson, Suite 1605, 372 Bay pt., Toronto, Ontario. M5H 2W9 I >- ..J ~ Registration Fee w en ::> w ~I I.L o a: ~ Tolal April. 1985 \ ~ J. . .~.' -,' . ''1i~ T~~' AG~~EMENT made in quintuplicate this I~+h "2ft:t:l day of i7:~t 1989 -, ! E TW E E N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - SCHICKEDANZ BROS. LIMITED, Hereinafter called the "OWNER" OF THE SECOND PART WITNESSETH THAT: WHl!:RE~.s the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereina,fter called the "Lands", AND WHEREAS the OWner warrants that it is the registered owner of the Lands; AND WHEREAS the owner warrants that it has applied to the Regional Municipality of Durham, hereinafter called the Region, for the approval of a plan of subdivision 01 the Lands : ANDWUEREAS to comply with the Region.s conditions for such approval, the owner has consented to enter into this a;reement w~th the TCvffi. AND WHEREAS the OWner warrants that it has entered, or will enter into an Agreement witth 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 apwropriate public utilities Co~nission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "utilities"; "NO~TH(3~EFORE in consideration of the mutual agreements and covenants and promises ~.hete~~.contained, and other good and valuable consideration, the parties heretc? agree as follows: 22.10.88 4 \ ;. "r .' , , t: 1 f'. TABLE OF CONTENT 1. DEFINITION 2. GENERAL 2.1 Certification of OWnership 2.2 Copy of plan and Agreements Required 2.3 Dedication of Easements 2.4 Dedication of Lands 2.5 Registration of Deeds and Grants of Easements 2.6 Lands for School Purposes 2.7 Interest in Said Lands 2.8 Notification of OWner 2.9 Registration of Agreement 2.10 Renegotiation and Amendment of Agreement 2.11 Town To Act Promptly 2.12 Assignment of Agreement 2.13 Schedule of Agreement 2.14 Mortgage 2.15 Successors 3. FINANCIAL 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 payment of Taxes payment of Local Improvement Charges Payment of Drainage Charges payment of Development Charge Levies cash-in-Lieu of Land Dedication Performance Guarantee Required Use of Performance Guarantee Indemnification of Town and Insurance Maintenance Guarantee Required Use of Maintenance Guarantee Requirement for Release of Performance Guarantee I Requirements for Release of Maintenance Guaran~ee payment of Municipal Costs i Unpaid Charges Occupancy permit Deposit 4. PLANNING 4.1 Approval of Tree Preservation plan 4.2 Approval of Landscaping plan 4.3 Use of said Land 4.4 Land Unsuitable for Building 4.5 Land Requiring Site plan L.R.: 22.10.88 '*! 3 4 (, 'r , ~ . , " ""'! 4 TABLE OF CONTENT 4. PLANNING (CONT'D) 4.6 4.7 4.8 . 4.9 4.10 4..11 4.12 Requirement for Building Permits Model Homes Architectural Control Requirements for Sale of Lands Requirements for Authorization to Occupy Requirements for park and Open Space special Conditions 5. PUBLIC WORKS 5.1 Town works Required 5.2 utilities and Services Required 5.3 OWner's Engineer 5.4 Design of works 5.5 Approval of Engineering Drawings 5.6 Approval of Grading and Drainage plan 5.7 staging of Construction 5.8 Approval of Schedule of works 5.9 Approval of Cost Estimate 5.10 Requirements for Authorization to Commence Works 5.11 Requirements for Authorization of Subsequent Stages 5.12 Inspection and Stop Work 5.13 Provisions for Construction and Inspection 5.14 Sequence of Construction and Installation 5.15 Completion Time for Construction and Installation 5.16 Additional Facilities or work Required 5.1? Incomplete or Faulty Works S.18 Entry for Emergency Repairs 5.19 'Damages or Relocation of Existing Services or Neighbouring wells 5.20 Use of works by Town 5.21 Maintenance of Roads after Completion 5.22 Requirements for Certification of Completion 5.23 Period of Required Maintenance of Works 5.24 Requirements for Certificate of Acceptance 5.25 OWnership of works by Town 5.26 Requirements for Certificate of Release 5.27 Requirements for Oversized or External Services 5.28 Responsibility of Subsequent OWners L.R.: 22.10.88 ,\ ~ 'r' .. t , -, 5 SCHEDULES TO AGREEMENT A. Legal Description of Land B. plan of Subdivision (reduction) C. Charges Against Said Lands D. Development Charge Levies E. Grants of Easements F. LANDS/CASH TO BE DEDICATED G. WORKS REQUIRED H. UTILITIES AND SERVICES REQUIRED I. DUTIES OF OWNER'S ENGINEER J. COST ESTIMATES K. INSURANCE POLICIES REQUIRED L.. Regulations for Construction M.. Use of Said Lands N. Lands Unsuitable for Building o. Lands Require Site Plan Approval P. OVersized Services Q. Conservation Authority's work R.. Engineering and Inspection Fees S.. Region's/M~nister's Conditions of Approval T. Deleted U.. Landscaping plan (reduction) v. Requirements From other Agencies W.. Architectural Control Standards L.R.: 10.04..89 ~ . ~ \or- . , .J , " ., 6 1.. DEFINITIONS In this Agreement: 1.1 "Applicant" shall mean an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. 1.2 "Commissioner" shall mean the Commissioner of Planning for the Regional Municipality of Durham. 1. 3 "Council" shall mean the Council of the corporation of the Town of Newcastle. 1.4 "Director" shall mean the Director of Public Works of the Town of Newcastle or his designated representative. 1.5 "Director of Community Services" shall mean the Director of Community Services of the Town of Newcastle or his designated representative. 1.6 "Director of Planning" shall mean the Director of planning and Development of the Town of Newcastle or his designated representative. 1.7 "Minister" shall mean the Minister of Municipal Affairs, Ontario. 1.8 "OWner" shall include an individual, an association, a partnership or a corporation and wherever the singular is used herein, it shall be construed as including the plural. 1.9 OWner's "Engineer" shall mean a professional civil Engineer, registered by the Association of professional Engineer of Ontario. 1.l0 "Region" shall mean the Corporationof the Regional Municipality of Durham. 1.11 "solicitor" shall mean the Solicitor of the Corporation of the Town of Newcastle. 1.12 "Town" shall mean Council or any official, designated by Council to administer the terms of the Agreement. 1..13 "Treasurer" shall mean the Treasurer of the Town of Newcastle or his designated representative. L.R.: 22.10.88 \ . ~> ~ ir .., 7 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 Commissioner, the Minister, or the Ontario Municipal Board. The said plan is attached hereto as Schedule "B" and is hereinaf,ter called the "Plan". The owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containing the stamp of approval of the Region, and a copy of the subdivision agreement entered into between the OWner and the Region with respect to the said Plan if such approval and/or Agreement is in existence at the time of the execution of this Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement, the owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the Public utilities Commission or other authority or, company having jurisdiction in the area of the said Lands for the design and installation of the utilities, or, if such agreement or agreements are not in existence at the time of the execution of this Agreement, the Owner agrees to provide the Town with a copy of each such agreement immediately after such agreement is signed. 2.3 DEDICATION OF EASEMENTS (1) The Owner shall, at the time of the execution of this Agreement, deliver to the Town executed transfers of easements free and clear of all encumbrances as set out in Schedule "E" hereto. (2) If, subsequent to the registration of the plan, but prior to the issuance of a building permit in respect of a lot or block, further easements are required for utilities or drainage, or other purposes, in respect of any lot or block within the Lands, the owner agrees to transfer to the Town such further easements upon request. The Town shall not unreasonably request such further easements, and in no event shall a further easement be requested which would prevent the erection of a dwelling or any such lot or block. 2.4 DEDICATION OF LANDS The owner shall, at the time of the execution of this Agreement, deliver to the Town executed deeds of conveyance, sufficient to vest in the Town, or where applicable, in any other public authority or person, absolute title in fee simple, free and clear of all liens, charges, encumbrances and easements, the lands set out in Schedule "F" hereto. Such conveyance shall include the dedication by the Owner to the Town of the lands required by the terms of the Planning Act, as amended, from time to time to be dedicated for pUblic purposes, other than for highways" unless the Town has agreed to accept cash in lieu of such lands, as provided herein. L.R.: 22.10.88 ~ , " -, B 2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS The aforementioned deeds and grants of easements shall be prepared by the owner and registered at the owner's expense at the same time as the Plan is registered. In such deeds and grants of easements the registered number of the plan shall be left blank and the owner hereby authorizes the Town to insert such plan number after registration of the Plan. 2.6 LANDS FOR SCHOOL PURPOSES (I) The owner shall, at the time of the execution of this Agreement, deposit with the Town a letter from each and every School Board having jurisdiction over the said lands stating that arrangements satisfactory to each and every School Board have been made respecting the acquisition of any lands necessary for school purposes to serve the said lands. (2) In the event that a School Board which has an option to acquire any lot or block within the Plan and does not exercise its option, the owner hereby agrees to notify the Clerk of the Town in writing that the School Board has not exercised its option and the owner hereby grants to the Town an irrevocable option to acquire such lands upon the same terms and conditions as the School Board could have acquired the property, except that the Town shall exercise the option hereby granted, in writing, within sixty (60) days of receipt of notification from the owner that the School Board has failed to exercise its option and, the purchase of such Lands by the Town shall be completed within ninety (90) days of the exercise of its option. 2.7 INTEREST IN SAID LANDS The owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. 2..8 NOTIFICATION OF OWNER If any notice is required to be given by the Town to the owner in respect of this Agreement, such notice shall be mailed or delivered to: Suite 105, 3311 Bayview Avenue, Willowdale, OntaLio. M2K IG4 or such address as the Owner has notified the Town, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. 2.9 REGISTRATION OF AGREEMENT The OWneL heLeby consents to the registration of this Agreement by the Town and covenant and agree not to register or permit the registration of any document after registration of the plan of subdivision on any land included in the said plan unless this Subdivision Agreement, and any deeds, easements or other documents required to be furnished thereunder, have first been registered against the title to the land included in the Plan. 2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT (I) The owner agrees that the Town may at its option in the circumstances. set out below on thirty (30) days written notice to the owner, declare this Agreement to be subject to renegotiation, whereupon the owner agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Region, the Minister, or the Ontario Municipal Board approves a Plan of subdivision for the said lands which is substantially different from the Plan attached hereto as Schedule "B"r or L.R.: 22.10.88 l . <' , --, 9 (ii) the Plan of subdivision is not finally approved by the Region and registered within eighteen (18) months of the date of the execution of this Agreement; or (iii) the agreement between the owner and the Region has not been executed at the time of the execution of this Agreement, or such agreement has been executed and is subsequently amended, and the provisions of-such agreement affect materially the location or sizing of any of the works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the works has commenced within two (2) years from the date of registration of the plan, and failing agreement, this Agreement shall be null and void. (2) The parties may from time to time by mutual agreement amend the terms of this Agreement and any of the Schedules but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each party. (3) The parties hereto acknowledge that all descriptions in this ~greement and the Schedules annexed hereto refer to the descriptions 1n the draft plans of subdivision being J. D. Barnes Limited's Plans Reference No. 88-2S-047-0-A and 88-2S-047-0-B annexed hereto as Schedules "B-1" a.nd "B-2", respectively. If any amendments are made to the f1nal plans of subdivision approved by the Region the final plans shall be substi tuted for the said Schedules "B-1" and "B-2" and all amendments necessary or requisite shall be made to the descriptions used in this Agreement and the Schedules to conform with th~ final plans of subdivision. 2..11 TOWN TO Acr PROMPTLY Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the Director, is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization, permission or approval shall be made promptly and in all respects the Town and its officers, servants or agents shall act reasonably. 2.12 ASSIGNMENT OF AGREEMENT The owner shall not assign this Agreement without prior written consent of the Town and no such assignment shall relieve the subsequent owner of any of his obligations under this agreement. 2.13 SCHEDULES TO AGREEMENT The fOllowing schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedule "A" - "Legal description of said Lands" Schedule "B" - "plan of Subdivision for final approval" Schedule "c" - "Charges against said Lands" Schedule "D" - "Development charges" Schedule "E" - "Grants of easements to be dedicated" Schedule "F" - "Lands and/or cash to be dedicated" Schedule "G" - "Works required" L.R.: 22.10.88 \. .. ~ " 1~. " Schedule "H" - "utilities required" Schedule "I" - "Duties of OWner's Engineer" Schedule "J" - "Cost Estimates" Schedule "K" - "Insurance policies required" Schedule "L" - llRegu1ations for construction" Schedule "M" - "Use of said lands" Schedule "N" - "Lands subject to building restrictions" Schedule "0" - "Lands requiring site plan" Schedule "p" - "OVersized and/or External Servicesll Schedule "Q" - "Conservation Authority's Works" Schedule "R" - "Engineering and Inspection Fees" Schedule "SII - llRegion's Conditions of Approvalll Schedule "Tll - "Deleted" Schedule "U" - "Landscaping Plan" (reduction) Schedule "V" - "Requirement from other Agencies" 2.14 MORTGAGE Deleted 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. L.R.: 22.10.88 . , .., 11 " 3. FINANCIAL 3..1 PAYMENT OF TAXES The owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said Lands, as set out in Schedule "c" hereto. The owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the owner of such lands. 3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES The owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule "c" hereto. Such charges shall include the Town's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3 . 3 PAYMENT OF DRAINAGE CHARGES The owner shall, at the time of the execution of this Agreement pay all drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act, R.S.O. 1980, against the said Lands, as set out in Schedule "c" hereto, including the commuted value of such charges falling due after the execution of this Agreement. 3..4 PAYMENT OF DEVELOPMENT CHARGE LEVIES The owner shall pay all development levies in the amounts and at the times set out in Schedule "D" hereto. Notwithstanding the provisions of Schedule "D" as to the times at which the development charges shall be paid, the owner shall, prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges assessed against the said lot or block. 3.5 CASH IN LIEU OF LAND DEDICATION The owner agrees that, if the Town agrees to accept cash in lieu of the dedication by the owner to the Town of lands for public purposes, other than highways, the amount of such cash payment shall be as set out in Schedule "F" hereto. The owner further agrees to pay to the Town on any such cash payment as set out in Schedule "Fit hereto, at the time of the execution of this Agreement. 3 . 6 PERFORMANCE GUARANTEE REQUIRED (I) The owner shall, prior to the issuance of any Authorization to Commence work, lodge with the Town by cash or by means of an irrevocable letter of credit issued by a chartered canadian bank, guaranteeing the performance by the owner of the provisions of this Agreement. Such cash or irrevocable letter of credit shall be in an amount equal to the Works Cost Estimate with respect to the Plan or stage of the plan covered by the Authorization to Commence Work. (2) All documents furnished under this paragraph shall be approved by the Treasurer of the Town. (3) The cash or irrevocable letter as provided in subparagraph (1) hereof are hereinafter collectively referred to as a "Performance Guarantee". 3.7 USE OF PERFORMANCE GUARANTEE The owner agrees that the Town may, at any time, authorize the use of all or part of any Performance Guarantee if the owner fails to pay any costs payable by the owner to the Town under this Agreement by due date of the invoice for such costs. 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 "Kn of this Agreement. ~ -, 1~ '-3.9 . MAINTENANCE GUARANTEE REQUIRED In order to guarantee that all defects in the Works which become apparent after the issuance of a Certificate of Completion for such Works, will be properly repaired or replaced, the owner shall, prior to the issuance of the Certificate of Completion for such works, lodge with the Town a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian bank, and in an amount equal to fifteen percent (15%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Town Treasurer, and shall guarantee the Works from the date of the issuance of a "Certificate of Completion" for all the works covered by such "certificate of Completion" for a period as follows: (1) storm Sewer System: a minimum of two (2) years commencing upon the date of issuance of the Certificate of Completion for the Storm Sewer System and terminating upon the date of the issuance of the Certificate of Acceptance for the Storm Sewer System. (2) S'l'<EMWATER DETENrlOO FACILITY AND APPURT:EN1\NCES: A minimum of four (4) years commencing upon the date of issuance of the Certificate of Completion for the Stormwater Detention Facility and Appurtenances and terminating upon the date of issuance of the Certificate of Acceptance for the Storrnwater Detention Facility and Appurtenances. (3) Roads and Above Ground Services: a minimum of two (2) years from the date of issuance of the Certificate of Completion for the Roads and Above Ground Services and terminating upon the date of the issuance of the Certificate of Acceptance for the Roads and Above Ground Services. 3.10 USE OF MAINTENANCE GUARANTEE The owner agrees that the Town may, at any time, authorize the use of all or any part of any Maintenance Guarantee if the owner fails to pay any costs payable by the owner to the Town under this Agreement, by the due date of the invoice for such costs. 3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE The owner agrees that the Town shall not be obliged to release to the owner the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the works for which such Performance Guarantee was required; and (2) the owner has deposited with the Town the Maintenance Guarantee applying to those works for which such Performance Guarantee was required; and (3) the Town is satisfied that in respect of the construction and installation of the works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works. (4) the Town nay, from time to time at the discretion of the Director of Public Works, reduce the amount of the value of the Performance Guarantee to reflect the progress of the works required to an amount equal to the value of the uncompleted works, plus fifteen percent (15%) of the value of the completed works on approval by the Director of a Progress Certificate prepared by the Owner's Engineer. 3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE The owner agrees that the Town shall not be obliged to release to the owner the unused portion of any Maintenance Guarantee until: (1) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and (2) the Town is satisfied that, in respect of the maintenance of all of the works for which such Maintenance Guarantee was required, there are no outstanding claims relating to such Works; and (3) the Town has received the as-built drawings for such Works. ., t ","" -, 1 a . )>( 3.13 PAYMENT OF MUNICIPAL COSTS (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to include the ,words "at the expense of the OWner" unless the context otherwise requires. (2) The Owner, upon the execution of this Agreement, shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Town in connection with the preparation for and attendances at the Ontario Municipal Board hearings for the draft approval of Subdivision l8T-87033 and amendments of the Town's By-law 84-63. (3) The owner shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement, and the legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any release. (4) The OWner shall have the right to inspect, upon reasonable notice, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is seeking reimbursement as noted in Paragraphs (2) and (3) above. (5) The owner shall pay to the Town for all estimated engineering and inspection costs in accordance with the provisions of Schedule lIRlI hereto. (6) The OWner consents to the registration of this Agreement upon title of the lands within the Plan and shall pay the Town $1,400.00 for all administrative expenses incurred for the preparation of this Agreement upon its return. 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 DEPOSIT 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 30 Thousand Dollars (530,000.00) 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 Thirty Thousand Dollars ($30,000.00). So that the amount of security deposit on hand with the Town always equals 30 Thousand Dollars ($30,000.00). The Letter of Credit shall be released to the OWners at such time as the last unit is ready for occupancy in accordance with the terms of this Agreement or at such earlier date in writing by the parties. The Town agrees to permit the Letter of Credit lodged by the OWner to be substituted, either in whole or in part, by a Letter of Credit submitted by the builder to whom the owner has sold a lot or block with the Plan. The owner agrees to obtain any such Letter or Letters of Credit, on behalf of and in favour of the TOwn, at such time as any or all of said lands are sold. The Town further agrees to release substituted portions of the owner's Letter of Credit, in respect of occupancy. It is noted that the Occupancy Deposit requirement is based on the following scale: up to 50 lots $10,000.00 51 to 100 lots $15,000.00 101 to 250 lots $20,000.00 251 to 500 lots $30,000.00 over 500 lots $50,000.00 Aft "n. n.^ , , '~ ~i 14 !X .' .. , 4. PLANNING 4.1 APPROVAL OF TREE PRESERVATION PLAN - Deleted. 4.2 APPROVAL OF LANDSCAPING PLAN (1) The owner shall, prior to the issuance of any Authorization to Commence works as provided herein, have received the written approval of the Director of Planning and the Director of Public Works of a plan of the said lands, hereinafter called the "Landscaping Plan" as attached herein as Schedule "U" of this Agreement. (2) The "Landscaping plan" shall conform to the Town's landscaping design criteria, as amended from time to time, and the OWner further warrants to comply with the following basic requirements: a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded/seeded within one (1) year of occupancy of the dwellings located thereon. b) location of tree planting to be provided at a minimum of one tree per lot. c) tree species to be specified and must be a minimum of 3.5 metre in height and 6 em. in caliper, staked and bagged, and must be planted within one (I) year of occupancy of dwelling units. d) screen planting and fencing to be provided between residential use and other use. e) location of fencing to be along the boundaries of reverse lot frontage, walkways, park and open space block. f) fencing shall be of a minimum height of 6 feet. Chainlinked fence is not permitted except in areas abutting walkway. g) type, colour, material and design of fencing must be detailed in drawings and form part of the "Landscaping Plan". h) where wood fence is proposed, it must be pressured treated wood or better quality. (3) The owner agrees to install these works as per the approved "Landscaping Plan" in an expeditious manner during the construction of the subdivision plan. The owner further acknowledges that the Town has the right to draw on the Letter of Credit with respect to the performance Guarantee for the landscaping work at any time when deemed necessary by the Director of planning. 4..3 USE OF SAID LANDS The owner agrees that the said Lands shall not be used for any purpose other than that set out in Schedule "M" hereto without, the prior written consent of the Town. L.R.: 22.10.88 . "'-4 ' , LANDS UNSUITABLE FOR BUILDING i'" 15 ~ " , The bwner agrees that the lots and blocks of the Plan which are set out in Schedule tiN" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Directors of Planning and Public Works and/or any other authorities having jurisdiction. The owner further agrees to maintain these lots or blocks in a condition acceptable to the Director of Planning. 4.5 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. 4.6 REQUIREMENTS FOR BUILDING PERMITS Neither the execution of this Agreement by the Municipality nor the approval by the Town of the plan for registration, nor the issuance by the Town of any Certificate of Acceptance shall be deemed to give any assurance that building permits when applied for will be issued in respect of any of the said Lands. The owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (3) (1) all easements for Utilities or drainage, or other purposes across the lot or block in respect of which a building permit is proposed to be issued have been transferred to the Town; and (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed base course of asphalt, to the written approval of the Director unless otherwise approved by the Director. (4) all of the Works required to be constructed and installed under such roads have been constructed and installed to the approval of the Director and a schedule of Works outlining the construction and implementation of the stormwater management works for the West Branch of the Soper Creek has been prepared by the Owner's Engineer, approved by the Director and the Owner will complete these works wi thin the approved completition dates. all of the utilities required to be constructed and installed pursuant to Schedule "H" have been constructed and installed to the approval of the authorities having jurisdiction over such utilities. Alternatively, the Town has received written confirmation from such authorities that sufficient financial securities have been received to cover the design and installation of same; and the owner has provided the Director of Planning with a mylar copy of the registered plan of this subdivision; and the Development Levies have been paid in respect of the lot or block in the plan for which the building permit is applied for; and (5) (6) (7) the owner has deposited, and maintained in good standing, the Occupancy permit Deposit fee as required by Paragraph 3.15 of this Agreement; and (8) if the application for a building permit is in respect of any lot or block set out in Schedule "N" the owner has fulfilled the conditions with respect to the lot(s) and block(s) as set out in schedule "N" as required by paragraph 4.4 of this Agreement; and if the application for a building permit is in respect of any lot or block as set out in Schedule "0" the Owner has entered into a Site Plan Agreement with respect to the lot(s) or block(s) as set out in Schedule "a" as required by paragraph 4.5 of this Agreement; and (9) (10) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing; and furthermore, the Owner shall lodge with the Tpwn a seperate performance guarantee in accordance with Section 3.6 of this agreement, in the amount of the costs of the Stormwater Management Works in the amount specified in Schedule "JII and approved by the Director of Public Works. . ; ~ "1- 16 ~ J. (11) the applicant has submitted a site plan satisfactory to the Director, and verified by the Owner's Engineer that the final grades of the respective lot(s) or block(s) is appropriate for the building(s) proposed to be constructed and the grading of the lot and proposed access conforms to the approved lot grading plan, and the Town's Design criteria and standard Detail Drawings. (12) the owner has erected or caused to be erected a sign displaying all roads, lots and blocks within the approved plan of Subdivision for the said Lands sufficient to illustrate the future housing types and distribution, the location of any parks, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands abutting the said Lands as identified by an approved Official Plan, Neighbourhood, or Hamlet Development plan, or an approved draft plan of Subdivision; and (13) (a) the owner has constructed access routes to the subdivision to meet subsection 3.2.5.2(6) of the Ontario Building Code and installed all watermains and hydrants which are fully serviced and the owner further agrees that during construction, fire access routes be maintained according to subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the ontario Fire Code1 and (b) the owner shall comply with the ontario Fire Code with respect to Combustible waste (Section 2.4.1.1) and Open Burning (Section 2.6.3.4) and further agrees to have regard to the "Guidelines to Fire prevention" pUblished jointly by the ontario Home Builders' Association and the Toronto Home Builders' Association; and (14) the owner has provided written confirmation that all dwellings to be erected in this subdivision meet the minimum architectural control standards as contained in Schedule "W" to this Agreement. (15) the owner has satisfied the requirement of paragraph 4.12 (Special Conditions) of this Agreement. 4.7 MODEL HOMES (1) (a) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the owner may apply for 30 building permits in Phase I and 16 building permits in Phase II of the subdivision for model purposes, provided that such application is in conformity with the requisite by-laws of the Town and The ontario Building Code, 1980, provided that all building permit fees, occupancy penalty, performance guarantee and appropriate development levies as provided for in this Agreement have been paid or provided, and that the developer has satisfied the Town that the final grades of the lot are appropriate for the proposed building and that grading complies with the overall grading plan; and that the owner has complied with the provisions of paragraph 4.6(12) and 4.6(14). (b) The owner agrees that prior to issuance of building permits in respect of model homes, to obtain the approval of the Director of public Works in respect of access to the model homes. Where an alternate access 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 occupied for any residential purpose until such time as the provisions of paragraphs 4.6 if applicable and 4.10, of this Agreement have been complied with and if such model home is occupied for residential purposes contrary to this paragraph the provisions of paragraph 3.15 shall apply. 4.8 ARCHITEC'I'UR;AL CONTROL STANDARDS (1) The owner agrees that all dwellings to be erected shall meet the minimum Architectural Control Standards as contained in Schedule "w" to this Agreement. L.R.: 10.04.89 ~ ,~~ ,-. 17 y( " 4.9 REQUIREMENTS. FOR SALE OF LANDS The owner agrees not to sell any or all of the said Lands until: (1) the Town has registered against the title to such lands any grant of easement in respect of such lands; and (2) where no building permit has been issued in respect of any lot or block proposed to be sold, the owner has obtained from the prospective purchaser a convenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the owner has obtained from the prospective purchaser a licence to permit the owner and/or Town, to enter upon such lands to perform its obligations under this Agreement: and (4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. (5) the owner has inserted in the agreement to purchase entered into by the prospective purshaser, notice that the lands are subject to the covenants and obligations set forth in this Agreement, and more particularly, section 5.28 in respect of obligations of subsequent owners. 4.10 REQUIJmomNTS FOR AUTHORIZATION TO occupy Notwithstanding the requirements of any statute, regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other structure, the OWner shall not permit any building on the said lands to be occupied, and no one shall occupy such building without the written permission of the Town hereinafter called an "Occupancy Permit". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any building until : (1) all of the roads which are required to be constructed under this Agreement, which will provide access to such bUilding, have had the application of the base course of asphalt, to the written approval of the Director and the required street lighting system has been installed and energized; and (2) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written approval of the Director, and the building has been connected thereto; and 1 (3) all of the utilities, save telephone and cable T.V. required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written approval of the authorities having jurisdiction over such Utilities; and (4) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and (5) the OWner's Engineer has provided the Director with certification being written confirmation that the lot or block, where such building is located, conforms to the Grading and Drainage plan, or has received the written approval of the Director with respect to any variance to the Grading and Drainage Plan. (6) the building has received all final inspections required pursuant to the Building Act and/or the Plumbing Code. L.R.: 22.10.88 " ~ iFf 1-- " (7) notwithstanding the provisions of sub-paragraph (5) of this Clause the owner shall be entitled to a "Temporary Occupancy Permit" in the event that the owner has not been able to comply with the requirements of sub-paragraph (5) by reason of seasonal, weather or other conditions beyond the control of the owner. prior to the "Temporary Occupancy" of said dwelling, confirmation with respect to the compliance with the provisions of sub-paragraphs 4.10(1), 4.10(2), 4.,10(3), 4.10(4) and 4.10(6) is to be provided, in writing, by the owner. Furthermore, the written certification required in Section 4.l0(5) shall be provided to the Town within one (1) year of the date of "Temporary Occupancy" of said dwelling unit. Failure to comply with the above will result in a reduction of the Occupancy Deposit Letter of Credit pursuant to the provisions of paragraph 3.l5. 4.11 REQUIREMENTS FOR PARKS AND OPEN SPACE (l) The owner shall, prior to any authorization to commence works, prepare and submit, for the approval by the Director of Cummunity Services, complete site plans for all park and open space blocks within the Plan and adjacent lands where required by the Town. Said plans are hereinafter referred to as the Park Site Master plan and shall show thereon the following information. i) all park and open space works are to be sodded or seeded; ii) the existing and proposed grades; iii) the location of all future park furniture, signage, sports fields, walkways, lighting, fencing, tree and shrub plantings, as well as related details for each of the foregoing; iv) water and sewer connections to the park property. 4.12 SPECIAL CONDITIONS 1. The Owner covenants and agrees to satisfy the requirements of the Central Lake Ontario Conservation Authority as contained in Schedule "Q". 2. The Owner covenants and agrees to satisfy the requirements of the Canadian Pacific Railway, the Ministry of Natural Resources and the Ministry of the Environment as contained in Schedule "V". 3. The outdoor living areas of Lots 1, 2, 12, 13, 14 and 32 to 43 in Phase II, Schedule "B-2" must be protected by an acoustic barrier constructed along the property lines adjacent to these lots. The barrier height will vary from 2.1 m to 6.0 m and will consist of either an acoustic wall or a combination earth berm/acoustic wall. The acoustic wall component of the barriers must be continuous without gaps or openings and materials must have a minimum surface density of 20 kg per square metre as recommended in the Noise Feasibility Study. 4. Dwelling units located on lots approximately 250 m or less from the rail line, namely, Lots 94 to 114 in Phase I, Schedule liB-III and I to la, 27 to 54 and 88 to 92 in Phase II, Schedule "B-2" must be equipped with a central air conditioning system, while all remaining dwelling units must be equipped with a forced air heating system with ductwork sized to accommodate the future installation of a central air conditioning system. 5. All dwelling units requiring central air conditioning systems should also be constructed with the specific window and wall treatments as indicated in the Noise Feasibility Study. .' ,o<!~ i9 ~ -1 4.12 SPEX::IAL <nIDITlOOS exNrINUED 6. (a) Agreements of purchase and sale for Lots 94 to 114 in Phase I, Schedule liB-I" and 1 to 18, 27 to 54 and 88 to 92 in Phase II, Schedule "B-2" should include the following warning clause; IIPurchasers are advised that despite the inclusion of noise control features in this development area and within the building units, noise levels from the C. P. Rail line may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Ministry of the Environment noise criteria. In order to achieve a suitable indoor noise environment, occupants may wish to keep exterior windows closed. This unit has been fitted with a forced air heating system and central air conditioning. The air cooled condenser unit shall be located in a noise insensitive area." (b) Agreements of purchase and sale for all remaining units in the subdivision should contain the following warning clause; "Purchasers are advised that despite the inclusion of noise control features in this development area and within the building units, noise levels from the C.P. Rail line may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Ministry of the Environment criteria. In order to achieve a suitable indoor noise environment, occupants may wish to keep exterior windows closed. Provisions have been made to the heating system of this unit to facilitate the future installation of a central air conditioning system. The air cooled condenser unit shall be located in a noise insensitive area." 7. Further to the provisions of Section 4.12, the Owner shall provide written confirmation from its Engineer that the proposed residential dwelling units comply with the specific construction techniques required by this agreement. , "1 2ff ~ 5. PUBLIC WORKS 5.1 TOWN WORKS REQUIRED The owner shall be responsible for the construction and installation of the services and landscaping more particularly referred to in Schedule "G" hereto (hereinafter called "the Works"). Upon commencement of construction of the Works and until the issuance of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the OWner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Town. 5.2 UTILITIES AND SERVICES REQUIRED The OWner shall be responsible for entering into agreements with the appropriate public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities as more particularly referred to in Schedule "H". 5.3 OWNER'S ENGINEER The OWner shall retain a Professional Civil Engineer, registered by the Association of professional Engineers of Ontario and hereinafter called the "owner's Engineer", to administer this Agreement, whose duties are set out in Schedule "I" hereto. 5.4 DESIGN OF WORKS The OWner agrees that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Town. In the event of any dispute as to such standards or in the event of any dispute as to such design requirements, the decision of the Director shall be final. 5.5 APPROVAL OF ENGINEERING DRAWINGS The OWner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all drawings of all the Works hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the. Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for re-approval and further revisions if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. 5.6 APPROVAL OF GRADING AND DRAINAGE PLAN The OWner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage plan", and showing thereon the existing drainage pattern on all adjacent lands, all proposed grading and drainage works for the said Lands, indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said lands to the municipal storm sewer system or any other outlet approved by the Director. This Grading and Drainage Plan shall be approved and signed by the Director prior to the construction of any services or roads on the said Lands. If no construction of the work is commenced within two (2) years of the date of approval of the Grading and Drainage plan, the Grading and Drainage plan shall be resubmitted to the Director for reapproval and revision, if required by the Director and no such work shall be done unless in accordance with the said revised and re-approved drawings. 5.7 STAGING OF CONSTRUCTION prior to commencement of works, at the discretion of the Director of public Works, the OWner shall prepare and submit a Phasing plan. If the OWner wishes to construct and install the Works and utilities in stages, the OWner shall, prior to the issuance of any Authorization to Commence Work as hereinafter provided, prepare for the approval of the Director of public Works and the Director of planning, a plan hereinafter called the "Staging Plan" which divides the Plan into stages for the construction, installation and maintenance of the Works, Stormwater Management Works and utilities. L.R.: 22.10.88 6 -1 ~ ., 2... The owner shall not proceed until such staging Plan has been approved by Director of Public Works, and shall proceed only in accordance with such approved plan, except as it may be subsequently amended with the approval of the Director of public Works. 5.8 APPROVAL OF SCHEDULE OF WORKS The owner shall, prior to the issuance of any Authorization to Commence Work, as hereinafter provided, receive the written approval of the Director of a schedule (hereinafter called the "Schedule of Works") which sets out the timing sequence in which the owner proposes to construct and install all of the Works and Utilities and, where the installation of the Works and utilities are to be staged the owner shall, prior to the Authorization to Commence Work for each such stage, receive the written approval of the Director of a Schedule of Works for such stage. The owner shall proceed only in accordance with the approved schedule, except as it may be subsequently amended with the approval of the Director. 5.9 APPROVAL OF COST ESTIMATE The owner agrees that, prior to the issuance of any Authorization to Commence Work as hereinafter provided, the estimated cost of construction and installation of all of the Works, hereinafter called the "Works Cost Estimate", shall be approved by the Director and entered in Schedule "J" hereto. If the Town has approved a Staging Plan for the said Lands, the owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J" hereto. 5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS The owner shall not commence the construction or installation of any of the Works without the written permission of the Town, hereinafter called an "Authorization to Commence Works". The owner shall only commence those Works permitted by the Authorization to commence Works. In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) the Plan has received final approval from the Region; and (2) the plan has been registered: and (3) the owner has delivered a registered copy of this agreement and copies of the plans and Agreements as required by paragraph 2.2 of this Agreement; and (4) the owner has paid to the Town any outstanding charges against the said lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and (5) the owner has conveyed to the Town any easements as required by paragraph 2.3 of this Agreement, and such easements have been registered: and (6) the owner has conveyed to the Town any lands and paid any cash as required by paragraphs 2.4 and 3.5 of this Agreement, and any cush conveyance has been registered; and (7) the owner has delivered letters from the appropriate public utilities Commission, or authority or company having jurisdiction, stating that satisfactory agreements have been entered into for the design and installation of the utilities as required by paragraph 5.2 of this Agreement; and (8) the owner has appointed an Engineer as required by paragraph 5.3 of this Agreement; and (9) the owner has received the written approval of the Director for the Engineering Drawings as required by paragraph 5.5 of this Agreement; and (10) the owner has received written approval of the Directors of Public Works, Planning and Community Services of the Architectural Control Plan Landscape plans and "park Site Masterplans" as required by paragraphs 4.2, 4.8 and 4.11 and as part of the works, more particularly referred to in Schedule "G". L.R.: 22.10.88 .. l.."Z- (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 recieved the wri tten approval of the Director of Planning for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement; (13) the owner has received the written approval of the Director of Public Works for the Staging Plan as required by paragraph 5.7 of this Agreement; and (14) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 5.8 of this Agreement; and (15) the Owner has received the written approval of the Director for the Works Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this Agreement; and (16) the OWner has deposited with the Town the Performance Guarantee applying to that stage of the plan for which the owner is seeking such Authorization to Conm:mce Works as requried by paragraph 3.6 of this Agreement and paid all cash contributions, due to the Town, as required by Schedule II J"; and (17) the Owner has deposited with the Town any policies of insurance as required by paragraph 3.8 of this Agreement; and (18) the Owner has paid all Town costs as required by paragraph 3.13 of this Agreement as of the date of the issuance of the Authorization to Comnence 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 "G" hereto with the written approval of the Director, prior to the registeration of the Plan provided that Sections 3, 4, 7, 8, 9, 10, 21, 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 risk of tqe owner. The Owner shall save harmless the Municipality from any action or cuase of action resulting from the construction or installation of any of the work as may be undertaken pursuant to this Clause. (21) '!he owner has satisfied the requirements of Schedule "P" to the satisfaction of the Director of Public Works. 5.11 REQUIRamfl'S FOR At11'HORIZATION OF SUBSEQUENT STAGES If the Director has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Corrmence 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 "JII 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 COmnence Works. 5.12 INSPl!CrION AND STOP WORK The contract with any contractor employed the the Owner to construct or install any of the Works shall provide that employees or agents of the Municipality may, at any time, inspect the work of such contractor pertaining to the said Lands and the Director, after consultation with the OWner's Engineer, shall have the power to stop any such work in the event that, in their opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Town or in the event the financial guarantees, required pursuant to this Agreement, are not maintained in good standing. . 1IJ.c ~ 23 ~ . 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 IOCOMPLETE OR FAULTY WORK (I) If, in the opinion of the Director, the Owner is not executing or causing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the provisions of this Agreement, or in the event that the OWner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such case the Director on the authority of the Council of the Town may notify the OWner and his surety in writing of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the OWner or his surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty (30%) percent of a contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thirty (30%) percent of all charges incurred to complete the work, it being hereby declared and agreed that the assuming by the OWner of the obligations ilnposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a default in performance under this agreement, then in any such case the Director may notify the Owner and his surety in writing of such L.R.: 22.10.88 ~ 24 ., ~ default and if the owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the owner shall forthwith upon notice from the Director reinstate the performance or maintenance guarantee to the full value required under the terms of the agreement. 5.18 ENTRY FOR EMERGEOCY REPAIRS The owner agrees that, at any time and from time to time, employees or agencies of the Town may enter the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a release of the owner from any of its obligations under this Agreement. 5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS (1) The OWner agrees to pay the cost of repairing any damage to any services which, without limiting the generality of the foregoing, shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the Lands or the construction or installation of the Works on the Lands which are required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or authorities responsible for such services. The Owner further agrees to pay the cost of moving any of the Works constructed or installed under this Agreement in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway. (2) The owner agrees that prior to the comnencement of, during the period of construction or installation of the Works and until the expiry of the period of required maintenance of the Works on the Lands provided for by Section 5.23 of the agreement, he will cause to be carried out, at his expense, the approved ground water moni todng program (the "Moni toring programll) around the perimeter of the Lands. The Monitoring Program shall be implemented by a qualified hydrogeologist (the "Hydrogeologistll) who shall be retained by the Owner, at the OWner's expense, after the Hydrogeologist first is approved by the Director. The ground water monitoring program shall include the number, location, frequency and method of observation of the piezometric observation wells as well as such other matters as the Director considers appropriate. It shall be prepared and recommended to the Director by the Hydrogeologist for the Director's consideration and approval. After the ground water monitoring program is approved by the Director with or without such modifications as he may consider appropriate, it shall be the Monitoring Program for the purposes of this Agreement. (3) For the duration of the Monitoring Program, the OWner agrees to cuase the Hydrogeologist, at no cost to the Town, to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the owner also will cause the Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or in implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the OWner will cause the Hydrogeologist to provide to the Director, at no cost to the Town, a copy of all data collected and all analyses and reports made by the Hydrogeologist in L.R.: 22.10.88 -1 25 ..., 2f connection with or in implementation of the Monitoring Program which previously have not been provided to the Director pursuant to this Section 5.19, together with a certificate of the Hydrogeologist, in a form satisfactory to the Town Solicitor that all the data, analyses and reports required to be provided to the Direction by this Section 5.19, have been provided to him. In addition to the foregoing, the OWner agrees to cuase the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Town, and to deliver the same to the Director, at no cost to the Town, forthwith after each of them is completed. (4) The OWner agrees taht, if after considering a report thereon from the Director in this regard, Council determines that the well or private water supply of any person outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference, as may be required by Counc i 1. (5) If the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, the Owner agrees that forthwith after such notice is given, he will cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as Council after considering a report thereon from the Director decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs his obligation under Paragraph 5.19(4), as the case may be. 5.20 USE OF WORKS BY TOWN The Owner agrees that any of the Works may be used by the Town or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the town nor an assumption by the Town of any liability in connection therewith, nor a release of the OWner from any of his obligations under this Agreement. 5.2l MAINTENANCE OF ROADS AFTER COMPLETION (1) Notwithstanding any other requiranent in this Agreement to maintain the Works, if any building on the said Lands is occupied, the OWner shall maintain all of the roads, which are required to be constructed and which provide access to such building, until a Certificate of Acceptance has been issued for such road. The OWner shall: (a) maintain the roads at all times in a well drained, dust and mud free condition, fit for all normal vehicular traffic, to the approval of the Director; and (b) during the course of installation of the Works and utilities provide and maintain safe and adequate access to all occupied buildings. (c) erect a sign to indicate the "unasswned road" status to the satisfaction of the Director of Public Works. L.R.: 22.10.88 '1 2.6 '-2:/+ ,. (2) The Town agrees to snowplow and sand paved subdivision roadways. until the roadways are vested in the Town the Owner shall pay one hundred percent (100%) of the actual cost of snowplowing and sanding such roadways. (3) The provisions of any work or service by the Town under paragraph 5.18 or subparagraph (2) of this paragraph, shall not in any way constitute approval or assumption of the road and the road shall not be deemed to have been assumed until a certificate of Acceptance has been issued. 5.22 REQUIREMENTS FOR CERTIFICATE OF CCX1PLETION The OWner agrees that the construction and installation of any of the Works authorized in an Aughorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the OWner with written confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other requirements contained herein, no certificate of Completion shall be issued until: (I) Such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the latest version of the Engineering Drawings approved by the Director; and (2) The Town is satisfied that, in respect of the construction and installation of all of the works authorized by such Authorization to Cornnence Works, there are no outstanding claims relating to such Works. 5.23 PERIOD OF REQUIRED MAINTENAOCE 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) Storm Sewer System: a minimum of two (2) years commencing upon the date of issuance of the Certificate of Completion for the Storm Sewer System and terminating upon the date of the issuance of the Certificate of Acceptance for the Storm Sewer System. (b) stormwater Detention Facility and Appurtenances: a minimum of four (4) years commencing upon the date of issuance of the Certificate of Co~pletion for the Stormwater Detention Facility and Appurtenances and terminating upon the date of issuance of the Certificate of Acceptance for the Stormwater Detention Facility and Appurtenances. (c) Roads and Above Ground Services: a minimum of two (2) years from the date of issuance of the Certificate of Completion for the Roads and Above Ground Services and terminating upon the date of the issuance of the Certificate of Acceptance for the Roads and Above Ground Services. 5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE The OWner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the O~1er with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements conta;ined herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. 5.25 OONERSHIP OF WORKS BY TOON The OWner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Town and the Owner shall have no right or claim thereto, other than as an OWner of land abutting a road in which such Works are installed. , -~ 2rJ ~ " 5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2) and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Cettificate 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 confrimation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by resolution, aCKnowledged that the Owner has met all of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the OWner under this Agreement with the exception of the OWner's responsibility for drainage as provided herein and the OWner's acceptance of the conditions for applying for Town building permits as provided herein. 5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (I) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "p" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the OWner that portion of the cost of the Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the capacity of such services estimated to be available after the OWner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final. In determining the cost of the Oversized or External Services there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedule "p" a sum equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2%). (2) In the event that payment is required to be made under this paragraph by the Town before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized or External Services. (3) In the event that payment is required to be made under this paragraph by the Town before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate charged by such bank, plus two percent (2%) from the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. ~ , ,2R f 5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS Even after the issuance of the Certificate of Release the registered owner of each lot or block on the Plan shall have the sole responsibility for the following: (1) The registered owner shall be responsible for providing and maintaining adequate drainage of surface waters from such lot or block in accordance with the approved lot grading and drainage plans referred to in Paragraph 5.6 herein. (2) The registered owner of a lot or lots within the Plan, shall be responsbile for compliance with the terms of Paragraph 4.5 "Requirements for Building Permits" of this Agreement if, at the time, a Certificate for Release is issued, no building permit has been issued for such lot or lots. (3) responsible for on Schedule "G" this agreement. The registered owner of a lot or lots within the Plan, shall be the maintenance of fencing required pursuant to Paragraph Seven (7) to this agreement and Paragraph Eight (8) on Schedule "V" to IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE .~ Marie Hubbard - Mayor - Clerk SCHICKEDANZ BROS. LIMITED ." 29 SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988 · LEGAL DESCRIPTION OF SAID LANDS Part of Lots 9 and 10, Concession 2, Township of Darlington, now in the Town of Newcastle, Regional Municipality of Durham, Being Part of Lots I, 3, 4, 6, 7, and 9, All of Lot 8, And Part of the Unamed Lane Block "A", All according to C.G. Hanning's Plan And All of Lots 21 and 23 Block "A", Part of Winnstanley Street between Block "A" and Block "B", All of Lots 25, 27, 29, 31, 33, 35, 37, 39, and Lots 41 to 54 both inclusive, Block "B", And Part of Mann Street, All according to T.W. Herrick's Plan Designated as Part 1 on Plan lOR - IN WITNESS WHEREOF the par-ties hereto have. hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE Clerk -, 30 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. PLAN OF SUBDIVISION (reduction copy of final plan prior to registration) Phase/Stage 1 - J. D. Barnes Limited Plan No. 88-25-047-0-A attached as Schedule IIB-l" Phase/Stage 2 - J. D. Barnes Limited Plan No. 88-25-047-0-8 attached as Schedule 118-2 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in. that behalf the day and year first above written. Clerk ROS~ a'7 ~ --l I , I I I I I I ., 31 SCHEDULE B-1 1____ I, t ~ n 15 I ; I I I~ I !:l " d I i : I I i II I!! I , I I I I I I m!I!I~ 1!~~01fli-~~~"i;'fi':;i:;~~I~ .~41' all ~~~II ~ f- !g-~~Ji I i~ IIIII i I f Ii oil _,I jJ,.:~J i~U1 t ItJl t! i" i~ g 1 ::.::....;ii."ili.- I.,~koo'wl _r--N 11134< J-",~".io~IT:1:rl:r;,,... ,'l.:.,.:>f;~~i 'r"!-~_lll;;;; ....._ ~r I i.1a '-,r; \ n:' ..., ,,- ..- "., .,.. ~.: .,- .,... ".. .:~ .:.. ....;: .,.. ".- .'.... ~ "i"'~~l-;- ""._ ~ ~ U 1~1 ", \ i,' · is' · '.! · II J I;!' ., " ~'1 a I .,..,~:.,.... l. ..' \ I;~ ... (') .'.' I.....,. . 1 r. .""-:'r..rx I .. ..... ~ I.... ..... "" .._ "" "" "" ..... ",. II. .... "_ f'" ,.- ..- ~.,I\.. '.:\. 'j ~ i f; ::t; . i/~"'I:l, . F'ARNCOlolB ..-.... 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N'.. 1""-.._. ~.. .., ll, L ~ ~ :: ~., ., S' - . . I IS. ;... ~" 11 j . _ ~.. !tI . 1! .,~" 1 . i 10_ ~ 'Q. iI ...... ~ '" 1f_ I I " ----, .; 14' · .~.. '11 ~ I;? 'It-- ........... ...... '\ 1=11 1'.....It:..;.. j- -:~ ~'l: ,~- .......... lla I" ! ..... 19.... -< I." .... .... ..- .i~;' ..~~ I". '. r..it. r b 'j - f [,........ _ h~_" . STREEt. ._'10'. . _, ,-;;::.. ."...~.O~. ,'\" ,_...:~ fJ; I - I' -.,-...... MANN '!>lEEf '.''''M.l .~l:"l'"' ;,:.~ ~;.~.." . ~':-;;;;'-;OOf---;;;'-';;:;L:;;--=- Lor~ONZ t- T" loWlN. '1/:"- - - - LOr 9. cav Z I ~ l~-~I-', 1:d C K ,r;;;-- AI!IJ:2;~J U~r.::~ l-'l1BL'ol~;~ - r--1J, I~ '" 1= I~ I a I = I;.:r-~'"~'~""::fj'~_- ~i;L ~ I L ~ I T~L rE:1~~.I~I~L1N Fb~~ C?R,j -.~. ~:! ~.~ ~JBRt1lo~t1w -,- __ ~ I I r I I r -t; if r" ';'~O'. fIJ'I"~'" r'f -. ~l ".-f.o,..n -j"TiJ . LOT I Ii! I I ~ t 9 I I .. . 5 II _ i . ,.... C) '1 l\) ,.... C) 'i ~ .uiSiUUiIUhu...."."e..l\llfl...."..:...... 85 II! ;=:mi;;ii;iiiiii;;;"iiiii;ii:~;iiiiii;;iii i! ...._.~r'n'.!&.'__..I!.....;.;.==n&I....:I..:;w . m.'.t"'4I;''J~1t''I~I:;ah':Unll''='Ulnt~a::..lt .1 e lI'C.n~=1:""U'!l.::..;nll'S!Jt:;I;:~.elll.'$""1 .:... ~ .:.;"'....'~~.:lo1.t":..".'..;:'s.a.:u;:..._"., . <of 2bill~"!.'"hIlUi_Jl'~iIIlUi.l;nmatlm. I' ! :.=",....,_,:.".;,:i:,:...;.;~,"-J.=J,;~:......;... I !'ili!!I~19Jllil!!!!ia'l!m~~~.nll'~ii;.ili. II J I ./ -- ........................................... .... t...'=..:ln~.a..nantnl..I..I~..:..,;ac..,.o:...:... '.J ..:t..:.......,:II.J:I...t'..~.U..'lS=..,....U.... ;.....I..m.Ctl.....'II..:"n".~I.;a~.lullS... .......---,..............-...--...-....-- · 'is ilBHII!!'.'11 i~i~ ; I ~; . i ill II 111111131 '~I" '1111 .. tllliI~I~I'ln I ;-'" I:" I II el. III. g ;; a 'If 111"" I ~ I! ;;l " Alii ~i\ II i I ~ 11111 III d : I~I ' , rn ~ II! n I' Jji-U ! I "I ~ '! '1Ilil'. II ~ , "I . I' 1 uI ;; I hi!; I ~ !' i pi iilil ,. I' II .. '" , ~ i . ~ I id~ m iI .!' Cr=J' ~ ! 1\ I~lil I I ~ I i- m I e . E:~I ~ '2 ~ I . i ! ' S I - . I I ill ..,.. ~~~i~i~~~~i ~ . Ilr~l:i i I !il .... .....li\ "'li\ ...... C ~Ili\li\... ~... !illillil I IIi ~ I..~i~!.~ I .II o~ii_ o.....~ ':l!cll I el,al I_ i I~~~-~~~ ; , I .' I . ".! ~ze" lil I. II II ~ i F' ar"'-"!!j' if i ",I' a~al ~II'I L " ~ lo~ I I 1I !~ ~ co ~ , 32 SCHEDULE B-2 0' / ~ / , , , ~< /:'~ 0 C' ,.]> '" 'q ~' ~ ~ -s.-~ "0- 0' -l> '-... ~~ ~~ ~ + ,~ '-... /~ 1J ~f', )> ~ ~ ..' ~" " / / ~ <0,.>- -b "I <1 ! ~; h , I I i i ~ I; ~I I' I I '< . I ' ' 1~ l . ~:~ . .', <: ' , .. ,,0..... .. <0..... ,0 ~ I ~ ~' cq:... ... 1~J.n....l-JU~!S'I..~Inr.n:u:::;::=:a.- .... SoMa..... ,. f i .........JUIIII ,UiJUliillhmldlllllllulUiUliWumiUliu ~ , 'It, "<r., . "41- .... '0-9 .., -'.r6 I . .............-..-... ...... ...-..... ............... ..~.........-...aaa:I.III:.I~..IIUU:::at'J&~ 'aIdIS'"~.,...,'lfAZ~:~.t1'3: ..na=t:J;~~1...=.~~~:... . .. do .....1 I .......... i Iii! i ~lmliiijl ~ II J!Ui!1 'I ~ ~ , ! i !~I ~;i~iii! ~ r I c... ? l'IUI;j i I II .. en. -t -t -.04 C J 'il I i! iiNi~ I " i "111j:~ lillillil , II . I' '" alcar'llI ,1 Ui ~ p.il~ I I .I. (II I _I 1!llr~ I 111I I ~!,11'11I1 ,I I I' I ' li~;~~I: I liP II ~ III I Ie iii II I !I' i , 1 IT1 .! I I k I I ; Ul, II ~ I ! ~ ":: I I I; r hI. II ~ ~ r- :I:~I . lil , i- !~ :' 51 9 t I I p~ ' i . i i lIl~r;~i~ Jill Ll 'J . i II~ J lil I "'il ;;lulfi!! 51 I I I II' i I fl ~ I C' o I il I ., ~~~~ I ' r' Mil " I~~~ .~ I I I 1I I I "I I i Ii o .- ':~ .' ~ ~ b rP .. .., 33 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "c" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. CHARGES AGAINST SAID LANDS (1) (2) (3) MUNICIPAL TAXES (paid prior to Execution) LOCAL IMPROVEMENT CHARGES (paid prior to Execution) DRAINAGE CHARGES (Paid prior to Execution) IN WITNESS WHEREOF the parties hereto have hereunto affixed their 7orporate seals by the hands of ~heir proper officers duly authorized 1n that behalf the day and year flrst above written. - Clerk -., 34 SCHEDULE "0" THtS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. DEVELOPMENT CHARGE LEVIES The Owner shall pay to the Town development charges in the amount of $l,062,763.00 (calculated at the rate of $2,819.00 for each of 377 dwelling units) which shall be paid as follows: 25% of the levies due for the particular Phase prior to the date of issuance of the building permit for the first dwelling unit in that particular Phase. 25% ~f the levies due for, th? particular Phase prior to the date of 1ssua~ce of the bUlldlng per~it for the dwelling 'unit representlng 25% of the total dwelllng units in that particular Phase. 25% ?f the levies due for, th~ particular Phase prior to the date of lssua~ce of the bUlldlng permit for the dwelling unit represent1ng 50% of the total dwelling units in that particular Phase. 25% ?f the levies due fo: t~e particular Phase prior to the date of lssua~ce of the bUlldlng permit for the dwelling unit represent1ng 75% of the total dwelling units in that particular Phase. 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 tresidences 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 pecnits have been issued and the balance of any pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but for which no building permit has been issued. For the purposes of this Schedule and the Agreement the number of building permits issued shall be the aggregate of all building permits issued with respect to any lot or block within the Plan whether issued to the OWner or any other person. The Town shall review its schedule of development charges annually and may adjust the amount of the development charges herein in accordance therewith. The OWner hereby acknowledges and agrees to such annual adjustment and further agrees that such ~djsuted development charges shall be applicable to all lots or blocks within the Plan for which development charges r~ip due. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. OF THE TOWN OF NEWCASTLE IICKEDANZ ,.... l}i~-~,' t' I . 1 ' ,~ 35 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. GRANTS OF EASEMENTS TO BE DEDICATED The OWner shall deliver to the Town in a from satisfactory to the Town of the following easements: meJ.'ERNAL EASEt4EN.rS Stormwater Detention Facility: - Parts 1, 2, 3, 4 and 5 on Marshall Macklin Monaghan drawing No. 20-89-068. Stormwater Drainage and Stream Improvments - Parts 6, 7, 8, 10, 11, 12, 13, "and .14". on Marshall , Macklin Monaghan drawing No. 20-89-068. The OWner also undertakes to use its' best efforts to obtain a similar easement over part 9 and part lS"on the said plan. PHASE I INrmNAL EASmENrS storm Sewers and Catch Basins - Part Lots 1, 3, 4, 60, 6l, 68, 69, 81, 82, 86, 87, 91, 92, 97 and 98 in accordance with reference plans to be prepared. PHASE II INTERNAL EASEJIJENrS Storm Sewers and Catch Basins - Part Lots 62, 63 and 66 in accordance with reference plans to be prepared. Temporary Snow storage - Part Lots 1, 42, 43, 91 and 92 and part Block 95 in accordance with reference plans to be prepared. Sanitary Sewer - Part Lots 35 and 36 to be transferred to Region of Durham in accordance with reference plans to be prepared. IN WITNESS WHEREOF the parties hereto have hereunto affi xed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE .~ e Hubbard - Mayor - Clerk / Schickedanz ;..~it"" .*',.......\A--.., , 36 SCHEDULE "F" THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has- been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. LANDS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS The OWner shall deliver to the Town in a form satisfactory to the Town, deeds to the following land: PHASE I Park Walkway .3 Metre Reserve - Block 141 - Block 142 - Blockl44 PHASE II Park - Block 93 Open Space - Block 94 .3 Metre Reserves - Blocks 98, 99 and 100 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE ~6J& Hubbard - Mayor Clerk SCHIC~~~ Daniel Schickedanz - Vice-Pre / I. , I , . i i : ; .. SCHEDULE "G" -, 37 THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988 · WORKS REQUIRED 1. STORM SEWER SYSTEM The owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls and any other appurtenances as may be required in accordance with the Town of Newcastle's Design criteria and Standard Drawings. The owner agrees to produce Engineering Drawings for the storm drainage system, to the satisfaction of the Director of Public Works. The owner agrees to obtain any easements required external to the said lands, at no expense to the Municipality for the disposal of storm water fram the said lands. 2. ROAImAYS The owner shall construct and install the following services on the various streets, shown on the Plan as follows: - (a) pavement widths to be applied to the following streets: as shown on the approved engineering drawings: (b) The grading and paving of all street, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be as per the Town of Newcastle Design Criteria & Standard Drawings. (c) The owner shall construct curbs and gutters on both sides of all streets, as per the Town of Newcastle's Design Criteria and Standard Drawings as shown on the approved engineering drawings: (d) The owner shall construbt, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, on the following locations: as shown on the approved engineering drawings: (e) The owner agrees to the grading and paving of all driveways between the curbs and sidewalks, in accordance with the Town of Newcastle's Design Criteria and standard Drawings. The grading and paving of all driveways between the curbs and sidewalks, where sidewalks are installed, and in all other cases, the grading and gravelling of the driveway between the curbs and the lot lines. (f) The owner agrees to construct, install, energize and maintain Street Lighting, in accordance with the Town's specifications, on all streets and walkways, to the satisfaction of the Director of Public Works. (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. (h) The owner agrees to supply, install and maintain traffic signs and permanent street-nama-signs, in accordance with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Driector of Public Works. L.R.: 22.UJ.88 -, 38 Schedule "G" - 2 - 2.1 S'l'OOMNATER MANAGEmNr tUOO3 AND APJ?UR'lRiIANCES The owner shall construct, install, supervise and maintain all the Stormwater Management Works specified in the "Master Drainage Plan and Report for the West Branch of the Soper Creek" prepared by the Proctor and Redfern Group. These works include but are not necessarily limited to the construction of the Stormwater Detention Facility, replacement of the existing culvert beneath Mearns Avenue on the West Branch of the Soper Creek if required by the supplementary engineering report, rechannelization, erosion protection and flood proofing of the West Branch of the Soper Creek, originating at the storm sewer outfall from the said lands southerly to the main branch of the Soper Creek. These "Works" shall comply with the provisions of the Proctor and Redfern Report but would be subject to any additional contingency items deemed necessary by the Director of Public Works. The owner agrees to submit an engineering report supplementary to the Proctor and Redfern Report detailing all the conceptual Storrnwater Management Works and addressing all engineering aspects for construction and implementation of these "Works", to the satisfaction of the Director of Public Works. The OWner agrees to produce all necessary engineering drawings and obtain all approvals for the construction and implementation of the Stormwater Management Works to the satisfaction of the Director of Public Works. The owner agrees to obtain any lands or easements associated with the construction, implementation and maintenance of the Stormwater Management Works and at no expense to the Town of Newcastle provided that the parties acknowledge that the Owner may not be able to purchase an easement for storrnwater drainage and stream improvments from the owners of the lands designated as Part 9 on Marshall, Macklin, Monaghan drawing No. 20-89-068. '1he Owner agrees to provide the Town with a Letter of Credit in the amount of $40,000.00 for the cost of aquiring the said easement and a Letter of Credit in the ~unt of $75,000.00 for the cost of installing an enclosed storrnwater drainage system through the said Part 9 if the owner of said Part 9 lands obtains approval to construct an enclosed stormwater drainage system from the Corporation of The Town of Newcastle, The Central Lake Ontario Conservation Authority. The Ministry of Natural Resources and the Regional Municipality of Durham. The Owner agrees to provide the Town with a further Letter of Credit ~n the amount of $15,000.00 for the cost of installing an enclosed stormwater drainage system through Part 10 on the said Plan only if an enclosed drainage system is installed through the said Part 9. The parties also acknowledge that the owner may not be able to purchase an easement for the stormwater drainage and stream improvements from the owners of the lands desiganted as Part 15 on Marshall, Macklin Monaghan drawing No.20-89-068. The owner agrees to provide -the Town with a Letter of Credit in the amount of $IOO,OOO.UU for the cost of acquiring the said easement and constructing the works as required by the Master Drainage Plan and Report for the West Branch of the Soper Creek. All of the said Letters of Credit will be released by the Town to the Owner upon Issuance of the Certificate of Acceptance. It is acknowledged by the parties that the above referenced easements form part of the Stormwater Management works and that the Owners's engineer will prepare a "Cost Sharing Report for the Stormwater Management Works for the West Branch of the Soper Creek" as outlined in Schedule t.p" ot this agreement, "Stormwater Management works'.' The Owner shall be responsible financially or otherwise to comply with any applicable provisions of the Master Drainage Plan and Report for the West Branch of the Soper Creek as deemed necessary by the Director of Public Works. 39 Schedule fiG" - 3 - 3. PEDESTRIAN WALKWAYS 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, which shall include and commence from Liberty Street eastto Farncornbe Crescent and which shall be: (i) paved or concrete from edge to edge; (ii) properly drained; (iii) fenced and screened; (iv) extended to the curb of any intersecting streect and provide appropriate curb cuts at these locations. 4. TEMPORARY TURNING CIRCLES The OWner shall provide and grant to the Town any turning circle(s) required by the conditions of draft plan approval in accordance with the Town's Standard Drawings, and construct and maintain-such turning circles in accordance with the Town's Design Criteria and Standards Drawings, approved by the Director of Public Works. Such temporary turning circle shall be shown on the final plans as a block and shall be held by the Town until the extension of Street "*" at which time the block shall be conveyed without charge to the owners of the abutting lots. 5. CONSERVATION WORKS 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. LANDSCAP 100 (a) The owner shall complete and install all landscaping requirements in accordance to approved Landscaping Plan as set out in Paragraph 4.2 and Schedule "u" of the this Agreement. (b) The owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist (and guarantee for one year from date of planting) the tree and shrub planting requirements as per the approved Landscaping Plan. 8.EXTERNAL ROADS The Owner agrees to pay the cost of reconstruction of Concession Street East from the eastern edge of its intersection wi th Liberty street to the eastern edge of its intersection with Mann Street. The Town acknowledges having received the sum of $59,000.00 from the Owner as a cash contribution for the reconstruction of Concession Street in connection with the registration by the Owner of Plan of Subdivision No. 10M-800. The Town agrees to refund the said sum of $59,000.00 together with accumulated interest thereon to the Owner forthwith upon execution of this agreement. The reconstruction program will include: (a) (1 ) (ii) (iii) (iv) (v) (vi) (vii ) t StODn sewer system and all appurtenances Installation of Granular "A" and "B" and paving to a pavement width of 1" metres CUrb and Gutters and Sidewalks both sides Sodding of boulevards Paving of driveway approaches Street lighting Any Regional works required. (b) All work to be completed to the Town of Newcastle's Design Criteria and Standard Drawings and as per the Engineering Drawings approved by the Director of Public Works. .....,.,.............,...lI..;........,.._. "...........~..'"'_~.....,_.......,.. .;,~..lloi_~.:~:!t' .'_...... _. ".. ,.,', -, .40 Schedule "G" - 4 - 9. PARK The Owner agrees to supply and install all works for the park in Block 141 in Phase I prior to the issuance of the building permit representing 25% of the total number of units within Phase I, and to supply and install all works for the park in Block 93 in Phase II, prior to the issuance of the building permit representing 25% of the total number of units in Phase II, both in accordance with the Town's specifications and the approved Park Site Master plan as required in Paragraph 4.l1 of this Agreement. The Director of Community Services shall have the discretionary power to vary from the above-noted requirementif, in the Director's opinion, such requirement is not practical. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate ~eals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE .~ Marie Hubbard - Mayor - Clerk . ,I -, 41 SCHEDULE "H" THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. UTILITIES AND SERVICES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM The OWner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the lands, in the locations as approved by the Director. All electrical services are to be installed underground. The OWner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation df 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 LIGH'l'ING SYSTEM The OWner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The OWner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The OWner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved ~ the Director. All telephone services are to be installed underground. ' 4. GAS SUPPLY SYSTEM The OWner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 5. CABLE TELEVISION The OWner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. 6. MAIL DISTRIBUTION SYSTEM The OWner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said lands, in the location as approved by the Director. L.R.: 22.10.88 .. ~~'. :': ..~".t..~.".....~;..~.....~.t.",.,.....il~--"., . ,,"':.J ...:. .~~,~ ",.' . -, 42 Schedule "H" - 2 - IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE ;~ 't~ SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. DUTIES OF OWNER'S ENGINEERS 1. DESIGN WORKS AND PRIVATE WORKS The OWner's Engineers shall prepare the following for the approval of the Director: (a) the Engineering Drawings; (b) the Grading and Drainage Plan; (c) the Landscaping Plan; (d) the Schedule of Work; (e) the Staging Plan; (f) the Works Cost Estimate; and (g) the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. 2. REPRESENT OWNER AND OBTAIN APPROVALS The OWner's Engineer shall act as the OWner's representative in all matters pertaining to the construction and installation of the Works and shall co-operate with the Town to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous inspection service during all phases of the construction and installation of the Works and the Private Works and to perform the following: (a) (b) (c) (d) (e) (f) 4. provide field layout including the provision of line and grade to the contractors and, where required, restaking; and inspect the construction and installation to ensure that all work is being perfo~ in accordance with the contract documents; anq arrange for or carry out all necessary field testing of materials and equipmant installed or proposed to be installed at the request of the Director; and 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 investigate and report to the Director any unusual circumstances which may arise guring the construction and installation; and obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-constructed drawings. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction1and installation. 5. PROVIDE PROGRESS REPORTS The OWner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the Director. L.R.: 22.10.88 114 -, os Schedule "1 II - 2 - 6. PREPARE AS CONSTRUCTED DRAWINGS The OWne~'s Enginee~ shall p~epa~e the As-constructed Drawings for the approval of the Di~ector. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. TOWN OF NEWCASTLE cueD. SCHICKEDANZ BROS. LIMITED 12 'r -, 45 SCHEDULE II J" THIS SCHEDULE IS SCHEDULE "JII to the Agreenent which has been authorized and approved by By-law No. B8-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. ESTIMATED COST OF WORKS - PHASE I Internal storm sewers External storm sewers and detention ponds Roads Rough grading Sidewalks Fencing Landscaping Park Street lighting $ 699,391.00 570, 000 .00 928,162.00 159,544.00 178,421.00 37,400.00 42,405.00 34,316.00 27,600.00 Total $ 2,677, 239.00 l5% engineering and contingencies TOTAL ESTIMATED COST OF SERVICES PHASE I $ 401, 590.00 .$ 3, !l7R, ~?q. 00 ESTIMATED COST OF WORKS - PHASE II 15% engineering and contingencies $ 567, 973.00 495, 561. 00 130, 693.00 89, 742.00 28, 000.00 30, 590.00 300, 000.00 18, 400.00 $ 1,660, 959.00 249, 145.00 $ 1,910, 104.00 Storm Sewers Roads Rough grading Sidewalks Fencing Landscaping Park Street Lighting Total TOTAL ESTIMATED COST OF SERVICES PHASE II "CASH CONTRIBUTIONS: (to be paid prior to the issuance of first building permit) 1) the Owner shall contribute to the Future Erosion Control Works on the Main Branch of the Soper Creek in accordance with the "Cost Sharing Report" and to the satisfactionof the Director of Public Works. 2) the Owner agrees to contribute twenty-five (25%) percent of the cost of constructing a sidewalk to the satisfaction of the Director of Public Works from the proposed walkway at the Elliott Avenue road allowance, south to Concession Street. " 46 SCHEDULE "J" - 2 - The Performance Guarantee has been based on preliminary Estimates only, and, when the final Engineering orawings Landscaping Plan, Park site Master Plan have been approved by the Oirectors of Public Works, Planning and Community Services a revised Cost Estimate of the Works, shall be prepared by the OHner's Engineer and Landscape Architect and subnitted to the Directors for approval. This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. ~l~WCASTLE '1a .' e Hubbard - Mayor / - Clerk ., '* 7 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE ilK" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. INSURANCE POLICIES REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipal Treasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damages or claims for damages for: (a) any loss or damage that shall or may happen to any of the Works or any of the utilities or to any part or parts thereof respectively; and (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; and (c) any injury to any person or persons including workmen employed on the said Lands and the public; and (d) any loss or damage that shall or may result from the storage, use or handling of explosives; and (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (9) 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 dirrectly or indirectly by reason of the OWner undertaking the development of the said Lands together with any or all of the Works and Utilities pertaining thereto. 2. AMOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the owner and the Town and shall provide the following minimum coverages: (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bodily 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 policies of insurance shall contain no coverage exemptions or limitations for: (a) any Shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or us~of explosives. ( L.R.: 22.10.88 ., i8 Schedule ilK" - 2 - IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate ~eals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE Clerk SCHICKEDAN BROS. LIMITED ? ~ SCHEDULE "L" 49 THIS SCHEDULE is SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The OWner shall, prior to commencing any blasting, obtain from the Director, peDmission 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 peDmit to be removed any fill from any lands to be dedicated to the Town other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be disposed of in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. Thp. OWner agrees to deliver a copy of this clause to each and every builder obtaining a building peDmit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. 5. QUALITATIVE AND QUANTITIVE TESTS The OWner agrees that the Town may have qualitative or quantative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the OWner. 6. MAINTE.N.AOCE, CLOSING AND USE OF EXTERNAL ROADS The OWner shall, at all times during the life of this Agreement ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition equal to that now existing and to the approval of the Director. The OWner shall maintain, at all times, all such roads free and dust and mud originating from the lands during the course of construction. If damaged, the OWner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The OWner agrees not to use or occupy any untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. 7. MAINTENAOCE 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. Until the internal roads are assumed by the Town, the OWner shall maintain all internal roads in a condition acceptable to the Director, and shall ensure these roads are free of dust and mud. L.R.. 22.19.99 ., r'o. a.. Schedule "L" - 2 - 8. WEED AND RAT CONTROL Aftet the commencement of consttuction the OWner shall institute upon the Lands a ptogram of weed and tat control to the satisfaction of the Director. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. ~N ~~E~STLE ie Hubbard - Mayor Clerk SCHICKEDANZ BROS. LIMITED ~~. Daniel Schickedanz - ~ vice1eSident ) ., 51 SCHEDULE "M" THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has. been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. USE OF SAID LANDS The OWner agrees that the said lands shall not be used for any purpose other than as set out in the following table: LOT OR BLOCK NUMBER LAND USE All lots and blocks In compliance with By-law 84-63 as amended from time to time. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. CORPORATION OF THE TOWN OF NEWCASTLE ~ Hubbard - Mayor SCHICKEDANZ ) ~2 "1 V SCHEDULE "N" THIS SCHEDULE IS SCHEDULE "Nil to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. LANDS UNSUITABLE FOR BUILDING The OWner agrees that no application will be made for a Building penmit for the erection of any structure on the said lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Directors of Planning and Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED Lot 3l, Phase I - No building permit to be issued until the abutting portion of Mann Street road allowance has been closed and conveyed to Lot 31. (Closure to be initiated by Owner) Block 143, Phase I To be developed only if not required by Town for road allowance and lot development charges to be paid. Lots 42, 43 and 92, Phase II No building permits to be issued until such time as the temporary turning circle is eliminated. Blocks 95, 96 and 97, Phase II - Additional abutting lands must be acquired to make up building lots and lot development charges rust be paid. All Lots and Blocks for which Schedule "E" requires that easements be deeded to the Town - Easements are to be deeded before building permits are issued IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. CORPORATION OF THE TOWN OF NEWCASTLE .~ ie Hubbard - Mayor Clerk ( - Vice-Pres SCHEDULE "0" ~:3 THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. LANDS REQUIRING SITE PLAN APPROVAL The owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a site plan agreement has been entered into with the Town and the building permit complies in all respects with the terms of the site plan agreement. LOT OR BLOCK NUMBER NONE IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE ~ Marie Clerk SCHICKEDANZ BROS. LIMITED / hW Dan'el Schickedanz r "1 54 SCHEDULE "p" 'nus SCHEDULE IS SCHEDULE "p" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES S'l'OOMHATER MANA~ tQUG 1. The OWner's engineer shall prepare a "Cost Sharing Report for the Stormwater Management Works for the West Branch of the Soper Creek" to the satisfaction of the Director of Public Works. This report will determine the methodology of the reimbursments, the cost sharin;} formulas, the effecti ve watershed area, the benefitting property owners and any other pertinent factor which contributes to the cost for the construction and implementation of the Stormwater Management Works. 2. All reimbursments to the Owner for the construction and implementation of the Stormwater Management Works shall comply with the provisions of the "Cost Sharing Report for the Stormwater Management Works for the West Branch of the Soper Creek" as approved by the Director of Public Works. 3. The Town agrees to make every effort to collect and reimburse to the Owner fran the benefitting property owners the amounts specified in the "Cost Sharing Report for the Stormwater Management Works for the West Branch of the Soper Creek" as approved by the Director of Public Works together with interest on the said amounts at the Bank of Montreal prime rate plus two percent (2%) the from the date of issuance of the Certificate of Completion for the Stormwater Detention Facility and Appurtenances. ROAD SYS'lDtS 1. The Town agrees to ll\3.ke every effort to collect and reimburse to the OWner frcm the developers of the lands abutting Mann and Bradshaw Streets fifty percent (50%) of as constructed road construction costs as approved by the Director of Public works where external developers abut one side of the road and one hundred percent (100%) of as constructed road construction costs as approved by the Director of Public works where external developers abut both sides of the road together with interest on the said amounts at the Bank of Montreal prime rate plus two percent (2%) the from the date of issuance of the Certificate of Completion for the Roads and Above Ground Services. 2. The construction cost of these road works to be rebated is $ 84,746.93 3. The above figure represents the estimated road construction cost based on the engineering drawings as outlined in Schedules "G" and "J" and approved by the Director of Public Works. Upon completion of the road construction, the above estimated cost shall be updated to reflect the "as constructed" costs and subsequently approved by the Director of Public Works. ,~ 55 SCHEDULE "p" - 2 - IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE Marie Hubbard - Mayor ...,. 5 {l SCHEDULE "Q" THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the -Town of Newcastle, enacted and passed the 27th day of June 1988. CONSERVATION AUTHORITY'S WORKS 1. Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, the Owner shall submit for the review and approval of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, a detailed engineering and drainage report that shows all proposed surface drainage works and describes the means to minimize soil erosion, sedimentation and the direct discharge of stormwater flow into Soper Creek tributary both during and after construction. The Owner agrees to carry out or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority and the Ministry of Natural Resources, the recommendations of the said report. 2. Prior to final approval, the Owner shall submit for the review and approval of the Central Lake Ontario Conservation Authority, hydrogeological and hydraulic analyses to demonstrate that major storm flows in the minor drainage courses running through the property in the vicinity of Lots 13 to 37 and 67 to 80 in Phase II, Schedule IIB-2" and 31 to 37, l20, 119, l12, 113, 139, 136, l25, 126, 127, 59 to 68, 91, 92 and 93 in Phase I, Schedule "B-I" can be accommodated in the proposed open space blocks and road allowances. Adjustments may be required to these lot boundaries depending on the results of these analyses. 3. The Owner agrees to undertake the appropriate works and actions required through the finalized Master Drainage Study for the West Soper Creek Tributary as determined by the Central Lake Ontario Conservation Authority and the Town of Newcastle. Those works identified as being critical and requiring immediate implementation shall be undertaken prior to, or in conjunction with the development of the plan of subdivision. 4. The Owner agrees that development of the site shall not occur prior to the finalization of the storm water management approach for the watershed. 5. The Owner agrees not to fill, grade, construct or al ter any watercourse without the prior written approval of the Central Lake ontario Conservation Authority. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF NEWCASTLE Ma~'e Hubbard - Mayor SCHICKEDAN 1"' 7 a SCHEDULE "R" THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT Fstlmated Costs of Works (Parts I, II , I II , IV Schedule II JII ) 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 greater $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.5% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater ~3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of works shall include the Cost Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Regional services. The aforesaid amount is to be paid prior to issuance of the authorization to commence for each respective phase. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. OF THE TOWN OF NEWCASTLE ~cutfl e Hubbard - Mayor Clerk SCHICKE~Z /~ BROS. LIMITED ----- ( .t:' 8 a SCHEDULE .. S" THIS SCHEDULE IS SCHEDULE "s" to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. MINISTER'S/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL SEE REGION'S CONDITIONS OF DRAFT PLAN APPROVAL ATTACHED IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE Hubbard - Mayor Clerk #'.....~P, "" . SCHICKEVANZ BRUS LTD. . , . -' - .../ ',-, Attachment No.2 to letter dated April 9, 19B9 . FrOIlJ~[)r.M. Michael, Commissioner of Planning To: Schickedanz Brothers Ltd. Re: Plan of Subdlvision 1BI-87033 Town of Newcastle p IlL Hu. '-+ .J. l__1 .0;;", .;;... ,..' ,_.1.) "- -1 1 I t-I I J.. '.,.' , ',-,';;"1 J.. i ......._ ~, 59 ,1'2. /' 3. /4. ~. /7. 'I CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGiSTRATION FOR THIS PLAN OF SUUOIVISION WIll UE AS FOLLOWS: 1. That this approval applies tu draft plan of subdivision 181-87033, prepared by Marshall Macklin Monaghan Ltd., identified as Job Number 30.87035.P01, dated May 1, 1987, revised and dated March 16,1988, which is rev;sed in red as . per the attached plan, illustrating 94 lots for single family detached dwell1ngs, 152 lots for semi-detached dwellings, one park block, one tot lot, one open space block, three residential reserve blocks, one block for future (roadway) development and various 0.3 metJ'l:~ reserves. That the ruad allowances included in this draft plan shall be dedicated as public highway. lhat the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Newcilstlc. That the 0.3 m reserves shown on the draft plan be dedicated to '-he Town of Newcastle. 1'5. That the ownor shall convey land to the Tuwn of Newcastle for park or 'other pUblic recreational purposes in accordance with the Planning Act. Alternatively, the lOunicipality may accept cash-ill-lieu uf such conveyance. That such easements dS ,nay be requi red for ut i l; ti cs J drainage and servicing purposes shall be granted to the appropri~te authority. That the uses shown on the approved t1raft plan shall be zoned in an appropriate zoning by-law passed by th~ Council of the Town of Newcastle in effect in accordance with the Planning Act. 8. That the zoning by-ldw referred to in condition 7 shall contain the approprfdte provision(s) to: /a) restrict any lJuilding or structure other than those necessary for flood or erosion control on Block 249 and any additional lot or block areas sl1uwn to be prone to maJor storm fluoding; /b) ensure dwell; ngs are set back a mi nill1ulII di stance of 30 metres from the Canadian Pacific Railway prop~rty line. unoccupied buildiuUsJ such as garages, may be exempted. .' CHICKEDRNZ BROS LTD. ~ 1 E.L hlo. 41b LL.::J U::.lL4 Hpr 1U,b:::l 14."-4 t.V...J/VV ~ '" '- ~ i".., ., ..2- 19. ~t prior to tIle 1 nit iat i on of gradi n9 and pri or to the registration of this plan or any phase thereof,the owner shall submit for the rev1 ew and approval of the Central Lake Ontari 0 COJlservat ion Authori ty and t.he Mi n1 $t ry of Natu ra 1 Resources, a detailed engineering and drainage report that shows all proposed $urf~cc drainage works and describes the means to minimize 5011 erosion, sedimentation and the direct di scharge of stormwater f' ow into Soper Creek tr'i butary both durlny and after construction. /10. That pr10r to final approval, the owner shall submit for the review and approval of the central lake Ontario Conservation Authority, hydrogeolog1cal and hydraulic analyses to demonstrate that major storm flows in the minul' d,'ainage courses runniny through the property 1n the vicinity uf Lots 14 to 38, Lots 73 to 86, Lots 119 to 126, Lots 142, 143, 150, 151, 157. 160, 169 to 171, 186 to 196, and Lots 222 to 224 can be accomnodated 1n the proposed open space blucks and road allowances. Adjustments melY be required ~o these lot boundaries depending upon the results of these analyses. v11. lhat prior to final appruval. the owner shall enyage tho services of a qualified consultant to prep~re a noise study recommending noise control measures satisfactory to the Ministry of the Environment and the lown of Newcastle. \ 12. That prior to final approvul, the owner shall submit for the . raview and approval of Canadian Pacific Railway a reporl which investigates ground vibration transmission and. if necessary, recommends methodS to ensure the protection of dwellings withi n 75 1\let res of the nearest track. ~13. That any proposed ut111ties under or over Canodian Pacific Rai lway property to serve the develuplllEmt musl be approved prior to installation and be cuvered by the Railway's standard agreement. /14. That there shall not be any increase or change in direction of natural drainage affectiny I{ailway pr'operty without first obtainin9 written cun~ent from the Hailway. /15. That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to. as well as within the limits of the plan which are required to service such plan. In additiun, the owner shall provide for the extensiun uf sanitary sewer and water supply facilities within the limits of the JJlan which are required to serv1ce other developments external to his subdivision. ~uch sanit81'Y sewer ttnd water sup!-,ly faci lit1es are to be designed and constructed as per the standards and requirements of the Region of Vurham; all arrangements, financial and otherwise. for sa1d extensions dre to be to the satisfaction of the Kegion of Uurhalll and are to be cOlllp'eted prior to final approval. 60 :CHICKEOONZ BROS L TD. . IEL No. 41b L..L.) U::li.4 HfJl lU ,b':;:j 14 'L..4 t .',)41 l)\) ... .... .,". . . "' "II! 61. -3- , 16. ~'~t p~ior to entering into a subdivision agreement the Region of Durham shall be satisfied t,lIClt adequate water pollutton control plant dud water supply plant capacities ore available to the proposed $ubd1~1s1on. vl7. That' all p,'oposed lots abutting existing dwt!ll'ings un Uberty Street and Concesslon Street be revi sed to ref1 ect 15 metre minimum frontage single-family dwelling lots. /18. That prior to final approval of the plan. the owner shall satisfy all requirements, financial and ot,herwhe, uf t,he Town uf Newcastle. Thls shall include, among other matters. execution or 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. /19. That prior to final approval of the plan. the owner shall satisfy all requirements, financial and otherwise. of the Region of Durham. This shall include, among other matters, execution of a SubdiviSion agreement between the owner and the Region of Uurham concerning the provision and installation of sanitary sewer. water supply. roads and other regional services. 20. That the subdivision agreement between the owner and the Town of Newcastle shall contain. among other matters. the following provisions: a) The owner agrees to carry out, or cause to be carried out, to the satisfaction of the Central lake Ontar10 Conservation Authority and the Mlnistry of Natural Rasources, the recommendations of the report required in condit ion 9. b) The owner agrees not to fill, grade; construct, or alter any watercourse without the prior written approval of the Central Lake Ontario Conservation Authority. c) The owner agrees that development of the site shall not. occur prior to finalization of the stol'nlwater management approach for the watershed. d) The owner agrees to undertake the appropriate works and actions requi~ed through the 1'1na11zed Mdster Drainage Study f()l' Ole West Soper Creek Tr1 but6ry as determi ned by the Authority and the Town of Newcastle. Those works identified as b~ing critical and requ1rlng immediate illlfJl~lIlentation shall be undl:!r'taken prior to, or in coojyncti on with, the development of the pl an of subdivision. e) The owner ~9rees tu construct and mainta1n, at his own expense, a 1.03 metre hiyh chain-link fence alony the cornuon property 11 ne of the Canatll dll Pad fi c Rai 1way and the development, and agrees to include a convenant running with the lantl, 111 all deeds, ob1191n9 the purchasers of the land to maintain the fence ill (I satisfactory condftion at their expense. .' >CHICKEDANZ BROS lTD. , IEl No. qlb L.L.0 1J:::lL4 HlJl llJ,b:; 14'4..) 1.0;:)100 , ,::;..... "" ~ .' -4- f~ The. owner agrees to 1 mpl ement thuse 110i sa control measures recommended in the acoustic report requi redi n cond1 t 1 on . 11. .... 62 g) The ownor agrees that in the ovcnt that a slight noise level excess will remain, despite the implementation of the noise control featues, the following worning clouse shall be included in a registered portion of tho subdivision agreement for subsequent inclusion in Offers of Purchase and Sale fur the offected lots: "Pur~hasers ar~ advised that despite the inclusion of noise control features within the development area and within the 1ndiv1dual buildiny units, nulse levels may continue to be uf concern occasionally in~errerin9 with some activities of the dwelling occupants." The owner agrees that in accurdance with the terms of the Lakes and Ri vers Improvement Act, no darTVTli "g. dredgi'19 or other altf.!rations wl1l be carried out un the Soper Creek tri butary without prior written authori zat ion frolll the Ministr1 ot Natural Resources. 21. That prior to final approval. the Conmissioner of Planning for the Region of Durham shall be advised in writing by: h) a) the Town of Newcastle, how conditions 1, 2, 3. 4, 5. 6. 1. 8. 11, 17, 18 and 20 have been sat1sfied; b) the Central Laka ontario Cunservation Authority. how conditions 8(a), 9. 10. 20(a). 20lb), 20(c) and 20(d) have been SelL is fi ad; c) the Canadian Pacific Ral1way, huw conditions 8(b), 12. 13. 14 and lOte) havo been satisfied; d) the Ministry uf the Envirunment. how conditions 11. 20(f) and 20(9) hav~ been satisfied; and. e) the Ministry of Natural Resources, how conditions 8(a), 9 and 20(a) have been satisfied. NOTES TO DRAF.' APPROVAL r 1. As owner uf the propusud subdivision, it is in your interest as well as your t'espons1bl1ity to stl~lsfy all conditiuns or approval in an expeditious manner. 2. All plans of subdIvision must be registered in the land titles system wi thi n the Durham Reg1 on. 3. Where 8yencies requirelll~nts are contained in tho subdivision. agreement, a copy of the agreement shall be sent to these agencies in order tu facil1tate their clearance for final appruval. These a9cncl~s are: a) c. conti, Central Lake Ontario Conservatiun Authority, 100 Whiting Avenue, OshawCl, Ontario L1H 3T3. SCHICK~DANZ BROS LTD. TEL lio. 416 223 0924 Apr 10,89 14:2~ ~.U6/06 .c;~,;.' '" , .' ., '63 -5- ~,,~). R. J. Bell, Offi ce of the Superi ntcndent. Toronto .......: uiv;sion, Canadian Pacific Rail. P.O. Box 4100, Agincourt. Ontario Mlb 4AS. d) U. Beach, Ministry of the Environment. 7 Overlca Blvd., 4th Floor, 'Iorunto, Ontario '<14H IAO. P. A; Strassburger, Mln1stry of NaLural Resources, 322 Kent Street West, L1ndsay, Ontario K9V 417. . c) 4. When the munlclpal1ty completes the preparatlun of the zoning by-law referred to 1n condition 8. the said by-law must be c; rcu 1 ated to Central Lake Ontari 0 Conservtitl un Authori ty and Canadian Pacific Railway. This wuu1dfacilitate clearance by the said agencies. ~ . .' , , . . .,. 64 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been authori zed and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. LANDSCAPING PLAN SEE COpy OF PLANS ATTACHED IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. T E CORPORATION OF THE TOWN OF NEWCASTLE Clerk SCHICKEDANZ BROS. 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Connctcr 1D ...... Good All OamaQIICI ANal Real'ln; tn:lm IhI LDaang, so.os. .......lIan or S'....r heel ..., ~ ACt",..... R_lea to IN taecuac:n ot the .lem. racas... 0\ Dra-o STL-\ and STl-2. .. 1,.. Ola~beI n:IICaIeG on Ibl Or..-.g .. ADoroamal. and Mav be M,usUtG Rel&b"e 10 VIIi LDCaIlOha ClII LIO"I ~.. MallDOQI,. Of."....,. ... CUw 00&-.0 . - . . - . - . . . . . . - . . . . . .' - . - . - . . . . . - . . . - --- -- -- --- -- -- -- -- --- --- -- --- --- --- -- --- -- --- --........... I Schickedanz Brothers Newcastle Newcastle. Ontario -- -- --- -- -- --- -- -- -- -- --- -- --- --- --- -- -- -- -- --....... --- il "I ;; III --- ... --- - --- - --- - D__ - "-- - --- .. --- .. --- - --- .. --- .. --- .. --- .. --- .. --- .. D__ .. D__ .. D__ .. --- .. --- .. --- - --- .. fD'\ fD"\ ~~ Lor, _-_.....0. AI-.- .......____......~... @j I ~ ! ~--"..,.,.... STL-1 Development ....... ... - D ...- ." STREET TREE PLANTING PLAN Scale t1000 March 1989 -... .... ~O-"'.H.OS el: to ...... '1 hI""1 .. ....NIl .. ..-.... a::. @ .,... ... ,-' '" ,L!:::I .. '...." 1/ '"f.j} = .! MOTl: c.a"...... .. .,..11, .. . ...., .. .......~. .."M..... ... .. . <._...~ .. .m '.:::":: .., .... ..::::: :............ .. ...... ..1.. .. ._. ... -.... ...... .. ........ ... .'U' ... .......... ..... .. ... ... ~:.... ... ....... .... ... a,.,. .. L-l .., ...... ,.1.. A,... .. 10.-4 .., ....Uti. 10..,.... ........ :::.. .. .-. ... :::::: . ... ....".. ..... I" I' .... I.' ....... c. N. R. RIG H 1 OF J ! < ~ I C C C 1 I C W IV -@- riP -2l. .~' ......2:i " N I Legend I.... WIll .. UftU SI ......11 .'11.',_ ,,,,,,,.,,," -- u....... au._. . ...-,., .., .....:.::~1:::.; ...:'... \~ - ~ :........ 'l)i~Sd':'" .......... ....... " ....-,.,.."" .... ..... ". "'~."". .... .....,......,. 0 I" ........ U.. .... 100' .....<<.....L --- :':.".,:'::::'-:''' . ...... AW" .- 0.:. ...,.........::;~::::=:=:- ...c.T~ :;:;..~~ ;:-'"' ..... UI ............. ...._ a_ - ......... ..:::".'" ....:-. -- ".t.. I' M'__"IW::~ ... :1.1" a, ..... "" 11..~ ...... .". .. ...""."... ;,gr.... a_I' D... n._ ..::.: ~ o.'IU -- A.'.,.. h.... ? ~ ....:l ::::> Cl ~ ::I: u tr.l .....". UI '.'11, .. ,... ....u........ LoI No. 15' \ ---.---\ \ LoI No. 30 Lot No.1. --+ I"", ... .. ...... IS". '. ......... ...r...... a ..... _.,., 'a_I.'.. ~:~~..I u..... ".D. ... I' .. IWI.. .'....._u c.r__.~_-;'.'" 0....... ........... . ........ "'.. 0."'1. ". _ ..-I'a....'... -- e" T~::~~' .....". ...... .. Sc.hickedanz' B Newcastle par~others Ne\vcasllo. Ontario . Developnlen;s .. Dra_Ir- ... LAYOUT' AN D GRADING Scale 1:500 .. PLAN January 1989 ,..... ... " ..' , -; 67 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-law No, 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1988. REQUIREMENTS FRai OTHER AGENCIES l. Prior to final approval, the Owner shall engage the services of a qualified consultant to prepare a noise study recommending noise control measures satisfactory to the Ministry of the Environment and the Town of Newcastle. The Owner agrees to implement those noise control measures recommended in the noise study. 2. The Owner agrees that in the event that a slight noise level excess will remain, despite the implementation of the noise control features, the following warning clause shall be included in a registered portion of the subdivision agreement for subsequent inclusion in offers of purchase and sale for the affected lots: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern occasionally interfering wi th some acti vi ties of the dwelling occupants. II 3. The Owner agrees that in accordance with the terms of the Lakes and Rivers Improvement Act, no damming, dredging or other alterations will be carried out on the Soper Creek Tributary without prior written authorization from the Ministry of Natural Resources. 4. Dwellings shall be set back a minimum distance of 30 m from the Canadian Pacific Railway property line. Unoccupied buildings, such as garages, may be exempted. 5. Prior to final approval, the Owner shall submi t for the review and approval of Canadian Pacific Railway a report which investigates ground vibration transmission and, if necessary, recommends methods to ensure the protection of dwellings within 75 m of the nearest track. 6. Any proposed utilities under or over Canadian Pacific Railway property to serve the development must . be approved pr ior to installation and be covered by the Railway's standard agreement. 7. There shall not be any increase or change in direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. 8. The Owner agrees to construct, at its own expense, a 1.83 mhigh chain link fence along the common property line of the Canadian Pacific Railway and the development, and agrees to include a covenant running running with the land, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. ;CHICKEDANZ B ../" 68 SCHEDULE "W' THIS SCHEDULE IS SCHEDULE "W' to the Agreement which has been authorized and approved by By-law No. 88-93 of the Corporation of the Town of Newcastle, enacted and passed the 27th day of June 1989. ARCHITECTURAL CONTROL STANDARDS ..~---. . ........,<r:-..., The OWner agrees that all dwellings to be erected in this subdivision shall meet the minimum architectural control standards as follows: 1. Exterior Materials a) Exterior construction must be a minimum of 40\ ~sonry products excluding stucco and concrete blocks. No substitution is allowed except by written permission of the Director of planning and Development. b) Dwellings sited at corners require full height masonry products on all elevations. 2. (blors a) (blors of bricks, siding, roofs and trims must be compatible and in harmony such as earthtone range, pastel range, grey/block range e~c. b) Where bricks are used, colored mortar is required. c) Accent color bricks for brick detailing is permitted provided i~ used consistently in group of dwellings. . d) Color of caulking around metal flashing or windows is required .~o match color of brick or siding. .' a) .. b) . . '. c) .. b) . ". .... d) 3. Re~tition of Elevations and Styles ( Any two dwellings abutting each other must exhibit a minimum of twenty- five percent (25%) exterior variations in elevations or color schedule. Dwellings with identical elevation and/or color schedule must be separated by a minimum of four (4) lots. Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, COlonial, Spanish,) are permitted.only. i~ constructed in a group reflecting the same architectural influence~ 4. others a) All metal roof vents and stacks must be located in.the rea~ slope of roofs. and must be painted to match the roof color if exposed to public view. All dwellings must carry brick veneers to within tw~lve (12) inches of grade on front elevation and within twenty (20) inches on side and rear elevations. Exposed concrete foundation in excess of the aforementioned standard will not be permitted. . . c) Builder is encouraged to vary siting and setback of dwellings. The above standards are minimum standards and builders are encourag~d to exceed the standards as long as the objective of creating attractive and aesthetically pleasing appearance is achieved. .. c.... . , L.R.: 10.04.89 4 . " v' Schedule "W" - 2 - -, 69 IN WITNESS WHEREOF the parties hereto have hereunto affixed thei corporate seals by the hands of their proper officers duly authorizE in that behalf the day and year first above written. CORPORAT~O~~N~ASTL rie Hubbard - Mayor .., - Clerk SCHICKE .,.., ..c: ~.l"- r ~ i". L.R.: 22.10.88 . . " . : - , , ) "'-""'~'!.r.x;: ,>,.;.".....,< DATED: ::rl(t.-y I ~ JUUE Zgth,'1989. BET WEE N: THE CORPORATION OF THE '!'am OF NF.I<<:ASTLE -and- "- """""'~"""""""-SCHICKEDANZ BROS:,*'t'IMITED SUBDIVISION AGRE&MENT The Corporation of the TOw11 of Newcastle Plapning Department 40 Temperance Street BOv.nEnville, Ontario, LIC 3K6 File: 18T-87033 ~I '~~.;h:-~:.';~:*~,;*Jt~~~.1~t,_~~~-I>:' -! . . ~ Province of ~,.. Ontario Schedule 71 ~S ~ Form 5 - Land ReglslraUon Reform Act, 1984 Page Addttlonal Property ldentlfter(.) and/or Other Information DECLARATION UNDER SECTION 22 OF THE REGISTRY ACT I, LAWRENCE CHARLES WESSON, of the Town of Markham, in the Regional Municipality of York, Solicitor, DO SOLEMNLY DECLARE THAT: 1. I am the solicitor for Schickedanz Bros. Limited, the Owner in the Subdivision Agreement dated July 18, 1989 between The Corporation of the Town of Newcastle and Schickedanz Bros. Limited. 2. The said Subdivision Agreement affects the lands set out in the description attached hereto and marked Exhibit "A" to this my declaration. 3. The said Subdivision Agreement remains in full force and effect. 4. This declaration is made under Section 22 of the Registry Act for the purpose of registering the said Subdivision Agreement and for no improper purpose. I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the City of Toronto, in the Municipality of Metropolitan Toronto, this 20th day of July, 1989. ~L.l~~ A Commissioner &c. w Q~ ~~ a:~ f2;:) Naw_. anel Ollbut. Limited A..R'tU. 18.. ''1' . ,. . . If. . · I " ." . 721 ""is is f x ~.i &it..... .'~ ~.'.I.. ..referred to i" the aflidavit of.. .~.~~:r:.~.r:.c:Z! ~8:~t~~~ sworn be:fvre me, !:lis .... ,1O'th........ ... ... day of. ............. ..~.~~ Y'?}'("L' .1989.. J?~, ,.- ~n(t/A _.................... ........................ .:..~::.-;~.~ .. CQ1oIf.lIlasll)M&tl. .1'Co .. (6) DESCRIPTION CONTINUED FIRSTLY: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the said Town of Newcastle, being composed of parts of Lots I, 3, 4, 6, 7 and 9 and all of Lot 8 and part of the unnamed lane all in Block IIA", as laid out on part of Lot 10, Concession 2, Town of Newcastle (formerly Township of Darlington), according to a plan of the Town of Bowmanville made by C. G. Hanning P.L.S., dated the l3th day of June, 1869, and deposited in the Registry Office for the Registry Division of Durham West (No. 10), and part of Lot 23, Block "A" and all of Lots 25, 27, 29, 31, 33, 35, 37, 39 and all of Lots 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54 in Block "B" and part of Winnstanley Street between Blocks IIA" and "B" and part of Mann Street according to Thomas Wallace Herrick's Plan as laid out on parts of Lots 9 and 10, Concession 2, and part of Lot 9, Concession 2 and part of Lot 10, Concession 2, in the Town of Newcastle (formerly Township of Darlington), the boundaries of said parcel are described as follows: PREMISING that the North l8 degrees 03 minutes 30 seconds West of the West limit of Lot 10, Concession 2 as shown on Registered Plan Number 651 govern all bearings mentioned hereafter; COMMENCING at a point in the South limit of Lot I according to c. G. Hanning's Plan being the South limit of Lot 10, Concession 2, Town of Newcastle (formerly Township of Darlington), which point is distant 273.00 feet measured North 7l degrees 13 minutes East along the South limit of said Lot 10, Concession 2, from the south-west angle thereof; THENCE North l8 degrees 03 minutes 30 seconds West a distance of l36.00 feet to a point; THENCE South 7l degrees 13 minutes West a distance of l35.00 feet to a point; THENCE North 18 degrees 03 minutes 30 seconds West a distance of 76.00 feet to a point; THENCE South 71 degrees 13 minutes West a distance of 3.00 feet to a point; THENCE North 18 degrees 03 minutes 30 seconds West to and along the East limit of Registered Plan Number 651 a distance of 1,103.00 feet to the north-east angle of said Registered Plan Number 651; THENCE North 71 degrees 02 minutes 30 seconds East along a fence a distance of 524.90 feet to a point; THENCE North l8 degrees 20 minutes West along a fence a distance of 330.71 feet to a point; THENCE South 71 degrees Ol minutes West along a fence a distance of 368.22 feet to a point; THENCE North 18 degrees 03 minutes 30 seconds West along a fence a distance of 75.14 feet to a point in the South limit of the Canadian Pacific Railway right-of-way; THENCE North 33 degrees 24 minutes 10 seconds East along said South limit of right-of-way a distance of 4l6.l1 feet to a point; THENCE South 71 degrees 48 minutes West along said South limit of right-of-way a distance of 56.36 feet to a point; . . . . . . . . . . . "'..... ,', , ~ 73 THENCE North 33 degrees 24 minutes 10 seconds East along said South limit of right-of-way a distance of 974.23 feet to a point in the East limit of Lot 10, Concession 2; THENCE South 17 degrees 57 minutes 40 seconds East along said South limit of right-of-way being also the East limit of said Lot 10 a distance of 12.80 feet; THENCE North 33 degrees 24 minutes 10 seconds East along said South limit of right-of-way a distance of 423.87 feet; THENCE South 18 degrees 45 minutes East to and along the West limit of Bradshaw Street according to said Thomas Wallace Herrick's Plan a distance of 1,471.81 feet to the North-east angle of Lot 40 on said Plan; THENCE South 7l degrees 53 minutes West along the North limit of said Lot 40 a distance of 167.06 feet to the North-west angle thereof; THENCE South l8 degrees 27 minutes 30 seconds East along the existing east limits of Lots 39, 37, 35 and 33 a distance of 199.00 feet to a point; THENCE South 18 degrees 07 minutes East continuing along the existing East limits of Lots 33, 31, 29 27 and 25 to and along the existing East limit of Lot 23 and in all a distance of 383.22 feet to a point; THENCE South 70 degrees 30 minutes West along a fence a distance of 201.89 feet to a point in the west limit of Mann Street as shown on said Thomas Wallace Herrick's Plan; THENCE South l8 degrees 26 minutes 50 seconds East along the said West limit of Mann Street a distance of 631.67 feet to a point distant 135.00 feet measured Northerly along said limit from the South limit of Lot 10, Concession 2; THENCE South 71 degrees l3 minutes West a distance of 535.92 feet to a point; THENCE South 18 degrees 47 minutes East a distance of 135.00 feet to a point in the South limit of said Lot 10, Concession 2; THENCE South 7l degrees 13 minutes West along said South limit of Lot 10, Concession 2 a distance of 500.40 feet to the point of commencement. The above described parcel of land contains by admeasurement an area of 62.74 acres more or less. As secondly described in Deed No. 55926 SECONDLY: The whole of Lots 21 and 23, Block A, according to Thomas Wallace Herrick I s Plan for Porter and Bradshaw as laid out on Parts of Lots 9 and 10, Concession 2, in the Town of Newcastle (formerly in the Township of Darlington and formerly the Town of Bowmanville), in the Regional Municipality of Durham and Province of Ontario. '10."- '. " ' > 1 '~r'~ ' !.ioI ~ ~ 1'1 ,~ THIRDLY: Part of Winnstanley Street between Blocks A and B and part of Mann Street, according to T. W. Herrick I s Plan for Porter and Bradshaw (formerly in the Town of Bowmanville), now in the Town of Newcastle, Reg ional Municipal i ty of Durham, designated as Parts 1 and 2, Plan 10R-3l87 as closed by By-law No. 89-67, registered June 2l, 1989. As described in Deed No. 152048.