HomeMy WebLinkAbout88-93
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BY.LAW #...l.-;.I..~..
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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
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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:
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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
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NEWCASTLE
No. 10
BOWMANVIWI
New Property Identifiers
Additional:
See
Schedule
ExecutIOns
Additional:
See
Schedule
(8) TNs Document provides as follows:
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(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&./-.
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(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
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L rence C. Wesson ! I'!
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(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
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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
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T~~' AG~~EMENT made in quintuplicate this
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day of
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1989
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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
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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
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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
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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
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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
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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
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2.. GENERAL
2..1 CERTIFICATION OF OWNERSHIP
(1) The owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title of the said Lands and setting out the names of all
persons having an interest in the said Lands and the nature of their interest.
(2) The owner shall, at the time of the execution of this Agreement, provide
the Town with a letter signed by an Ontario Solicitor and addressed to the Town
certifying as to the title to any land excluding the said Lands, which is to be
conveyed to the Town or over which easements are to be granted to the Town pursuant
to the terms of this Agreement.
2.2 COPY OF PLAN AND AGREEMENTS REQUIRED
subject to paragraph 2.10(3) hereof, the owner shall, at the time of the execution
of this Agreement, provide the Town with as many copies as the Town requires of the
plan of subdivision for the said Lands, which plan shall be the plan prepared for
approval by the 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
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
The aforementioned deeds and grants of easements shall be prepared by the owner and
registered at the owner's expense at the same time as the Plan is registered. In
such deeds and grants of easements the registered number of the plan shall be left
blank and the owner hereby authorizes the Town to insert such plan number after
registration of the Plan.
2.6 LANDS FOR SCHOOL PURPOSES
(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
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(ii) the Plan of subdivision is not finally approved by the Region and
registered within eighteen (18) months of the date of the execution
of this Agreement; or
(iii) the agreement between the owner and the Region has not been executed
at the time of the execution of this Agreement, or such agreement has
been executed and is subsequently amended, and the provisions of-such
agreement affect materially the location or sizing of any of the
works to be supplied and installed under the terms of this Agreement;
or
(iv) no construction or installation of any of the works has commenced
within two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the terms of
this Agreement and any of the Schedules but an amendment shall only be effective if
in writing and executed under the seals and hands of the proper officers of each
party.
(3) The parties hereto acknowledge that 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
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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
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3. FINANCIAL
3..1 PAYMENT OF TAXES
The owner shall, at the time of the execution of this Agreement, pay all Municipal
taxes outstanding against the said Lands, as set out in Schedule "c" hereto. The
owner further agrees to pay any municipal taxes which may become due and payable by
it, in respect of any of the said Lands, prior to the sale by the owner of such
lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The owner shall, at the time of the execution of this Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as set
out in Schedule "c" hereto. Such charges shall include the Town's share of any
local improvements which serve the said Lands and shall include the 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.
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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.
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3.13 PAYMENT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the Owner is obliged in any way
shall be deemed to include the ,words "at the expense of the OWner" unless the
context otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall reimburse the Town
for all reasonable legal, planning, engineering and other technical advice and
assistance actually incurred by the Town in connection with the preparation for and
attendances at the Ontario Municipal Board hearings for the draft approval of
Subdivision 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
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, 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
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"'-4 ' , LANDS UNSUITABLE FOR BUILDING
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, 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.
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(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
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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
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(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
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(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.
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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.
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5.
PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The owner shall be responsible for the construction and installation of the
services and landscaping more particularly referred to in Schedule "G" hereto
(hereinafter called "the Works"). Upon 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
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The owner shall not proceed until such staging Plan has been approved by Director
of Public Works, and shall proceed only in accordance with such approved plan,
except as it may be subsequently amended with the approval of the Director of
public Works.
5.8 APPROVAL OF SCHEDULE OF WORKS
The owner shall, prior to the issuance of any Authorization to Commence Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the "Schedule of Works") which sets out the timing sequence in
which the owner proposes to construct and install all of the Works and Utilities
and, where the installation of the Works and utilities are to be staged the owner
shall, prior to the Authorization to Commence Work for each such stage, receive the
written approval of the Director of a Schedule of Works for such stage. The owner
shall proceed only in accordance with the approved schedule, except as it may be
subsequently amended with the approval of the Director.
5.9 APPROVAL OF COST ESTIMATE
The owner agrees that, prior to the issuance of any Authorization to Commence Work
as hereinafter provided, the estimated cost of construction and installation of all
of the Works, hereinafter called the "Works Cost Estimate", shall be approved by
the Director and entered in Schedule "J" hereto. If the Town has approved a
Staging Plan for the said Lands, the owner further agrees that the estimated cost
of construction and installation of the Works for each stage, hereinafter called a
"Stage Cost Estimate" shall be approved by the Director and entered in Schedule "J"
hereto.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, hereinafter called an "Authorization to
Commence Works". The owner shall only commence those Works permitted by the
Authorization to commence Works. In addition to any other requirements contained
herein, no Authorization to Commence Works shall be issued for any of the Works
until:
(1) the Plan has received final approval from the Region; and
(2) the plan has been registered: and
(3) the owner has delivered a registered copy of this agreement and copies of
the plans and Agreements as required by paragraph 2.2 of this Agreement; and
(4) the owner has paid to the Town any outstanding charges against the said
lands required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; and
(5) the owner has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered: and
(6) the owner has conveyed to the Town any lands and paid any cash as required
by paragraphs 2.4 and 3.5 of this Agreement, and any 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
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(11) the Owner has received the written approval of the Director of the Grading
and Drainage plan as required by paragraph 5.6 of this Agreement; and
(12) the Owner has 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.
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5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carried out
in accordance with the regulations for construction as set out in Schedule "L"
hereto.
5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION
The OWner shall, upon the issuance of an Authorization to Commence Works, proceed
to construct and install all of the Works continuously and as required by the
approved Schedule of Works.
5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The OWner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and installation of all
of the Works authorized in such Authorization to Commence works with the exception
of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway
approaches, sodding and tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functioning of the Works, the
OWner shall, until the conclusion of the maintenance guarantee period, construct or
install such additional facilities and perform such additional work as the Town may
request from time to time.
5.17 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
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default and if the owner fails to satisfy claims of the lien claimant within ten
(10) clear days after the giving of such notice or within such further period of
time as may be specified in the notice, then the Municipal Council shall thereupon
have full authority and power immediately at its option, to pay the full amount of
the claim and costs into an appropriate court having jurisdiction and the
Municipality shall be authorized to use all or part of any performance or
maintenance guarantee to do so. In the event that the Municipality draws upon the
performance or maintenance guarantee to satisfy the claims and costs of any lien
claimant, the owner shall forthwith upon notice from the Director reinstate the
performance or maintenance guarantee to the full value required under the terms of
the agreement.
5.18 ENTRY FOR 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
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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
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(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.
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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.
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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
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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
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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
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31
SCHEDULE B-1
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SCHEDULE B-2
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.., 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 ......._
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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. LIMITED
at/~~
Daniel Sch1c edanz -
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Schickedanz Brothers
Newcastle
Newcastle. Ontario
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STREET TREE PLANTING PLAN
Scale t1000
March 1989
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Newcastle par~others
Ne\vcasllo. Ontario .
Developnlen;s
..
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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
.,..,
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L.R.: 22.10.88
.
.
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"'-""'~'!.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.
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Naw_. anel Ollbut. Limited
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""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..
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(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;
. . . . . . . . . .
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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.
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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.