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HomeMy WebLinkAbout91-100 AMENDED BY / BY.LAW #.9.5.:.W... .. DN: 18T88046.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91-100 being a By-law to authorize the entering into an Agreement with MARTIN ROAD HOLDINGS and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T 88046. 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 MARTIN ROAD HOLDINGS and the said Corporation in respect of Plan of Subdivision 18T- 88046. 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 Agrement. BY-LAW read a first time this 24th day of June 1,991. BY-LAW read a second time this 24th day of June 1991. BY-LAW read a third time and finally passed this 24th day of June 1991. 'L~ MAYOR TO: mE CORPORATION OF mE TOWN OF NEWCASTLE AND TO: SHIBLEY RIGHTON, their Solicitors herein RE: Martin Road Holdings limited and West Bowmanville Developments Ltd. (the "Company") Plan of Subdivision No. 18T-88046, Town of Newcastle Subdivision Agreement (the"Agreement") CERTIFICATE OF TITLE I, WIlLIAM WALKER, a Solicitor of the Ontario Court, do certify that: a) I am the Solicitor for the Company and that the Company is the sole owner in fee simple of all land described as being in the Town of Newcastle and the Regional Municipality of Durham and being comprised of Part of LotS 15 and 16, Concession 1, Geographic Township of Darlington now designated as Part 1, Plan 10R-2654 and as Parts 1, 2, 3 and 4 on Reference Plan lOR- 3767, deposited in the Registry Office of the Land Titles Division of Newcastle (No. 10) (the "Lands"). b) the Company is a valid and subsisting corporation in accordance with the laws of the Province of Ontario with the capacity to own land; c) there are no mortgages or other encumbrances on the Lands except as have postponed their interest to the Agreement; and d) the Agreement in respect of the Lands with of The Corporation of the Town of Newcastle is not subject to the interest of any party except the fee simple ownership of the Company and the mortgages so postponed. This certificate is given by me to The Corporation of the Town of Newcastle for the purpose of having the said Town rely upon it and to act on it in approving and executing the Agreement for the said Plan 18T -88046. f"- DATED at T6ye1'lto this :2.'7 day of S~~ ,1991. fJ,"~t DYE & DURHAM CO. LIMITED Form No. 985 /I l6i ~;OVince --.,.. Ontario Document General Form 4 - Land Registration Reform Act, 1984 3~~() . ~ o C"'J -~ CO t'"'- c.O o (1) Registry D (3) Property ldentlfler(s) Land Titles 00 (2) Page 1 of 7 pages . Block Property >- ...I Z o w en ::> w o i! LL o a: o LL lr~:, ~ CO",:! (4) Nature of Document No 1/c{ Df ~-tJY}bJ Notice or Amendment or Subdivision Agreement (Section 74 or the Act) (5) Consideration _J ("') -,. r- ~ ....... NA Dollars $ (6) Description ~ en .. New Property Identifiers Additional: See 0 Schedule FIRSTLY: Parcel 15-6, Section Con. 1 (Darlington), being part of Lots 15 & 16, Concession 1, Geographic Township of Dar~on designat.edmas P ts 1, 2 & 3 on Plan 10R-3767 ~Stif,{ r}~! Xl!fl.:7YtId' I)J[)R~ Q-a SECONDLY: Parcel 15-7, Seftion Con. 1 (DarlibgtJn) hemg part 0 Lot 15, Concession 1, Geographic Township of Darlington designated as Part 4, on Plan lOR-3767 and THIRDLY: Parcel 15-3, Section Con. 1, Newcastle (Darlington) being part of Lot 15, Concession 1, designated as Part 1 on Plan 10R-2654 save and except Part 1 on Plan 10R-27281f"l in the Town .of Newcastle, Regional Municipality of DurhamlX/\Q/ -50 \if ~ f K. C e. ~ JIJR- 'fa r..f (7) This (a) Redescription ! ( ) Schedule fo": . Document New Easement: Additional Contains: Plan/Sketch O! Description 0 Parties 0 Other IZ1 xecutlons Additional: See 0 Schedule (8) This Document provides as follows: The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the land registered in the name of Martin Road Holdings limited and West Bowmanville Developments Ltd. as Parcels 15-6 and 15-7, Section Con. 1 (Darlington) and Parcel 15-3, Section Con. 1, Newcastle (Darlington) and hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of Amendment of Subdivision Agreement in the Register for the said Parcel. Continued on Schedule 0 (9) This Document relates to Instrument number(s) (10) Party{les) (Set out Status or Interest) Name(s) THE CORPORATION OF THE TOWN , . .OF NEWCASTLE by.it.solicitors . . . . . . . . . . . . . . SHIBLEY RIGHTON per Nicholas , . . T; Macos' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature(s) Date of Signature Y M 0 Ai, 7~ ~ j1991 i/~!.2..J .Nicholas.T. Macos.... ............. i..... i.. .!.. . 1 .: , . , ' , : . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . .. .. a:' . . , , : I : i . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . .. ..0:'" , , , , : : : ' (11) Address for Service 40 Temperance Street, Bowmanville, Ontario L1C 3A6 (12) Party{les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l. . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . .. " . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) Address for Service (14) Municipal Address of Property not assigned (15) Document Prepared by: ~ Z Registration Fee o w en ::> w o i! LL o a: o LL I Fees and Tax Shibley Righton Barristers & Solicitors Suite .1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos Total 10174 (12/84) iii ~. III ). .. :J! THIS FIRST AMENDING AGREEMENT made as of this 17th day of December, 1991 BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the ''Town") OF THE FIRST PART - and - MARTIN ROAD HOLDINGS LIMITED and WEST BOWMANVILLE DEVELOPMENTS LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROBERT LOUIS STEVENS and ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS: A. The Parties hereto have made an Agreement as of September 5, 1991 pursuant to Subsection 50(5) of the Planning Act, 1983 (the "Subdivision Agreement"). B. The Subdivision Agreement applies to the lands and premises more particularly described in Schedule "A" hereto (the "Lands") and notice of it is deposited against the title to the Lands as Instrument No. LT566837 in the Land Registry Office for the Land Titles Division of Durham (No. 40). C. This First Amending Agreement applies to the Lands. D. The Owner is the owner in fee simple absolute of the Lands subject to the interest of the Mortgagee therein. E. The Parties hereto have agreed to amend the Subdivision Agreement as hereinafter set forth by entering into this First Amending Agreement. F. This First Amending Agreement is made pursuant to Subsection 50(5) of the Planning Act, 1983. It is authorized by By-law 91-100 passed by the Town Council on the 24th day of June, 1991. f - 2 - NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of Two ($2.00) Dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1.0 Owner of the Lands The Owner represents and warrants to the Town that it is the owner in fee simple absolute of the Lands subject only to mortgages or charges made to the Mortgagees. 2.0 Amendment to Para2I"aph 1.1 of Subdivision A&reement Paragraph 1.1 of the Subdivision Agreement is amended by adding at the end thereof a new paragraph 1.1(zzz) as follows: "1.1(zzz) "Noise Impact Study Addendum" has the meaning assigned to it in paragraph 4.12(4) of this Agreement." 3.0 Amendment to Paravaph 4.10 of Subdivision Aveement Paragraph 4.10(2) of the Subdivision Agreement is amended by adding after the reference to the "Final Noise Study" the words "and the approved "Noise Impact Study Addendum"". 4.0 Amendment to Paralll"aph 4.12 of Subdivision AllI"eement (1) Paragraph 4.12(1) of the Subdivision Agreement is amended by adding after the words "Final Noise Impact Study" the words "the Noise Impact Study Addendum (as hereafter defined)". (2) Paragraph 4.12(4) of the Subdivision Agreement is amended by adding after the parentheses and words (the "Final Noise Impact Study") the words "and the approved Noise Impact Study Addendum, dated November 29, 1991 as prepared by G.M. Sernas & Associates Ltd. (the "Noise Impact Study Addendum")". (3) Paragraph 4.12(4) of the Subdivision Agreement is further amended by adding a new clause 4.12(4)3 as follows: "3. Block 97, Blocks 100 to 106, Lots 45 to 47, Lots 791.., 79R, 80L, 80R Provision for Central Air Conditioning Warning Clause No.3 2mm Single Glazing or , 'I. v - 3 - 2mm and 2mm Double Glazing with minimum 6mm inter-pane gap." (4) Paragraph 4.12(6) of the Subdivision Agreement is amended by adding at the end thereof the following: "The following Warning Clause "3" regarding outdoor Noise Levels shall be attached to all Offers of Purchase and Sale of Dwellings for the following lots or blocks on the Plan: Block 97, Blocks 100 to 106 inclusive, Lots 45 to 47, Lots 79L, 79R, 80L and 80R. "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual dwelling units, noise levels may continue to be of concern, occasionally interfering with the activities of the dwelling occupants. This dwelling unit was fitted with a forced air heating system and ducting sized to accommodate a central air conditioning unit. (Note: care should be taken to ensure that the central air conditioning unit is located in an area that is not sensitive to noise)." (5) Paragraph 4.12(8)( c) of the Subdivision Agreement is amended by adding after the reference to the "Final Noise Impact Study" the words "and the Noise Impact Study Addendum". (6) Paragraph 4.12(10) of the Subdivision Agreement is amended by adding at the end thereof the words "and the Noise Impact Study Addendum." 5.0 Provisions of Subdivision Aweement Otherwise Confirmed Except as provided in paragraphs 2, 3 and 4 of this First Amending Agreement all the provisions of the Subdivision Agreement are hereby confirmed and continue in effect. 6.0 Reeistration of First Amendin2 Aweement The Owner and the Mortgagee consent to the registration of a notice of this First Amending Agreement against the title to the Lands. -,- -- . ...... " , . ~. - 4 - 7.0 Authority to Make A&reement The Owner acknowledges and agrees that the Town has authority to enter into this First Amending Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this First Amending Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner as aforesaid. 8.0 Successors This First Amending Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf and Robert Louis Stevens has hereunto set his hands and seal. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN ) NEWCASTLE . ) ~) ;/)/1 d 41J! ~~A-U ~or ) ~'L./. ) ~ '~-r:. ~er --- y ) ) WEST BOWMANVILLE ) DE OPMENTS LTD. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) OF In the presence of: Nam \,I.A\~5"})~~tl Title ~-;~ Name Title MARTIN ROAD HOLDINGS LIMrrEU ~-~ ~_~~ '!'Itle. p~. Name: Title: .. . . . We have the authority to ) bind the Bank. ) ) The name of The Royal ) Bank of Canada was ) changed to Royal Bank of ) Canada as set out in ) Order-in-Council P.C.1990- ) 2221, a copy of which is ) attached to instrument ^ J regis$ered as No. ~l~M 1 on rJ L.1'1.S) } '2 the end day of November, ) 1990, in the Land Registry ) Office for the Land ~h~ ) Division of Newcastle (No. ) 10). ) ) ) ) ) " c. - 5 - ROYAL BANK OF CANADA -..------. _- --0;:- ( ~- --- ~ ~ ---- ;;> - /~- =---"~ -- Name:Robert w. Lawre / Name: Roy1). . /~~./ ~,/'C~ ~/~ Robert Louis Stevens .. . . . " \ /. " . .. . SCHEDULE "A" . '" '..:' THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-Law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. LEGAL DESCRIPTION OF THE LANDS All and Singular that certain parcel of land and premises, situated, lying and being in the Town of Newcastle and the Regional Municipality of Durh~ and being comprised of Part of Lots 15 and 16 in Concession Number 1 of the Geographic Township of Darlington, more particularly described a. F~l1. ~ plans of survey deposited on record in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office ") as Part 1 on Plan 10R-26754 and Parts 1, 2, 3 and 4 o.n Plan lOR-3767 SC<VI "....q J%J:ipJ :;:vJ ~II(}J(- folfq ~ ;: a::a ~;:r;;ll;::~:::VLf1 , Page 66 SCHEDULE -A- 11IIS SCHEDULE IS SCHEDULE eA- to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. LEGAL DESCRIPTION OF lANDS All and Singular that certain parcel of land and premises, situated, lying and being in the Town of Newcastle and the Regional Municipality of Durham, and being comprised of Part of Lots 15 and 16 in Concession Number 1 of the Geographic Township of Darlington, more particularly described as Part 1 on plans of survey deposited on record in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Parts 1 on Plan 10R-2654, and Parts 1, 2, 3, 4 on Plan 10R-3767. , ,~ Page 67 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which bas been authorized and approved by By-law No. 91-100 of the Corporation of the Town .- Newcastle, enacted and passed the 24th day of June, 1991. PLAN OF SUBDMSION (Insert reduction or Plan 1ST -88046) b~ 1,.. I t ~I 0 '"-J /.. K ~. .. . .. . -. :'r-'-;co;:!o,~ t>~ : L " .~:.".~..'~~~:~ '\~~-' '>--1: it .: [j"'1'r:-....__ _____..::. . ~.;.o..;..__=_;','._" .. 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L 1 J I I' : I Fo';IlI/!:tll :: '\ ;.... c.::=) IJ!:~S' ~g 0 I : I'~' II' I : ~~h-111 : .I:f.:t III f 1:;" & :'Ir)' l' I ~~_---.:\l~f~:':: 'jf1Jo '5: ~' . I I I 1 ....... i . ,:101 i \---\~,"....._-. 0 18T-88046::.~,:'... ,. I I .....,... c"t..:: .." "." "''''1 ,i:t!,.' , f.~, ..' \- -.\ ...j.... <> ~ I I I '.., .4....'.,., ..,..'Il", ! ~ ,.; ~ I"; ""'-, \..... : 0 I" , I' I I I ...., I ,I . ~ IJ:iI ::!# ,~ . r " I \ '. .0 _ J ~ ,. I I I I i-ft ! .. - I' . .; ...., I' I ,,' . . _... . II: '. _--...J l ) L J \ cjj i . .,. .. \ '" :------- 'I ' \ -- ~-..' I ..::' :-..........~t I" I .... \ II I I ~l \ '. ~.- _._.~- - - ..~... ; , ...... '\'1 ' I' .U''''. J Ilt_ .....,CNl.J1y ~'JJ.I . . I~.n I "'. ~ .~I\',.! J.. .1 OU,,""" .~.... ....:':-!:") .' __"'__181-""\ I - -I' foot..... - ............- - - "' /, . .~IPI . . ~ ". -. .~~~~..,. -. r>-' elf ,.~:.::_-'!!::Mr=~.::7-::.---__ E7::'t1Nr:~,:~'.'!"~ ~ ."'_ "...h__ ru-L.r-Li OrYC:"I1p..,"'~"""t"....y . . '- :, -.... -r- -.--~,\ I. . ,.. ....- ."',1 : r t ~ 1 -, I I --. DRAFT PUN of I'IllPOS[l) SlmYlSlON NllTolUlys"al6 CONeulloo. I ::-:..: : := : ::- f'nWtrrt . _..tllt ___..'1 ~~ ~ ....-l..W';O: ....;;;;;:'..fj-i ......,/ .r""".. ' IU Province ~'fi'I"] of ~ Ontario Document General Forrn 4 - Land Registration Reform Act. 1984 3&1...0 DYE & DURHAM co UMITED Fatm No. 985 t^~ ' D >- ...I Z o w en ::> w o u: LL .0 a: o IJ.. 0'-..'.... I/)! a. t'lllU ~.M 1"0: VI~ !:;~ (.) ;!; li: .J,~'.;::. .~~;~ JiB ~c <) o ~. c./) - (1) Registry 0 (3) Property Identlfler(s) Land Titles ~ T (2) Page 1 of 3 Block Property page~ . ( Additional: See 0 Schedule Q I \ 1", I' r;~ ~; ~ " ,.,- f :, :'::'"' \, ..,.,. ;1, ~ ' ," " ~~ .:; :'I,'Yi (4) Nature of Document Application by Municipality for Inhibiting Order (Section 23) Land Titles Act (5) Consideration ~ ::;:','!:: ../;..... .'"~; N'A (6) Description Dollars $ "'. New Property Identifiers Additional: See Schedule Part Parcel Plan 1 and Part1 Parcel Plan 2, Section 40M- I b ~ Ie in the Town of Newcastle in the Regional Municipality of Durham as to Part Lots 18, 19, 26, 27, ~1, 92, 93 and Part of Blocks 94,95,96,100, 101, 102, 103, and '109, and all of Blocks . 107, 113, 114, 115, 116, 117, 118, Plan 40M- I bglo · o Executions o (7) This Document Contains: (a) Redescription New Easement Plan/Sketch (p) Schedule for: Additional: See Schedule o Description 0 Additional Parties 0 Other 0 (8)'Thl$. Document provides as: follows: , Inhibiting Order Attached Continued on Schedule 0 ( (9) This Document relates to Instrument nUlllber(s) (10) Party(les) (Set outc5tatus or Interest) Name($) Signature(s) Date of Signature V M 0 . .. ... . . , .. . . . . . . . i :: ~ ~ i . . " . . .. ., . . . " .. . . .. . . . . .', . ,'! . '0.. !.. ':' 47----- I: :! . By:. ...:... .'..................... it9~ i~.l.Lo.1- Nicholas T. Macos ! l 1 : I! . .. .". . . . . . . .. .. . ", . . . . ! . .. ; "i' : !! I : I . l~ . THE.CORPQItATION. OF .THE TOWN. . . . . OF NEWCASTLE by its solicitors . SHIBLEY .RIGHTON. per Nicholas . T.Macos (11) Add~ess for Service .' E12) Party(les) (Set out Status or Interest) Name(s) 40 Temperance Street, Bowmanville, Ontario LtC 3A6 Signature(s) Date of Signature V M 0 , (13) Address for Sttrvlce (14) Municipal Address of Property not assigned . , , : " .. . . . . .... . .. .. . .... ...... . .. . . .. . . Ie .. . . .; ! ! .,. . . . . ..... . .. . . .. .. . " . . . . . . .. . .. ....... , , ! , ..0. . . 0 . . .. 0 0 . o. . .. . . . 1 . . I. . . . 1 ..1". "' , , I , I : 0.. ... . . . 0.1 . . . '0.." . . . 0 . . . . . ..0 ..... .'O'O ..'O .'O ..'O'O.. 'O'O ., 0.10. .. 0 00... . . . .... ;. . (15) Document Prepared by: Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario MSH 2Z1 Attn: Nicholas T. Macos 11 >- ..J Z Registration Fee o w en ::> w o u: LL o ex: o ~~ Fees and Tax .. Total . ".n~..... 112JA.tI\ ., . . . c:;<. LAND TITLES ACT Section 23 APPLICATION BY MUNICIPALI1Y FOR INHIJUTING ORDER TO: THE lAND REGISTRAR FOR THE lAND TITLES DIVISION OF DURHAM (NO. 40) I, Patti Barrie, Clerk of the Corporation of the Town of Newcastle hereby certify that WEST BOWMANVILLE DEVEWPMENTS LTD. and MARTIN ROAD HOLDINGS LIMITED the r~gistered owner of FIRSTLY: Part of Parcel 15-6, Section Con. 1 (Darlington), being Part of Lot 16, Concession 1, Geographic Township of Darlington designated as Part of Part 1 on Plan 10R-3767 and SECONDLY: Part of Parcel 15-7, Section Con. 1 (Darlington) being part of Lot 15, Concession 1, Geographic Township of Darlington designated as Part of Part 4, on Plan 10R-3767 all in the Town of Newcastle, Regional Municipality of Durham being the land laid out by a Plan of Subdivision dated December 11, 1991 prepared by R.S. Karpiel, an Ontario Land Surveyor, has not executed and is not under any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement affecting title to the said land in favour of the Corporation of the Town of Newcastle which has not been registered as of the date hereof except the following: TRANSFERS AND J\GREEMENTS LOTS AND BLOCKS ./ Transfer of Easement Storm Sewer Route Part of Blocks 102 and 103 Plan 40M- I bS&, Part of Blocks 102 and 103 Plan 40M- 1 bS to <j 4 <- it: ~ j / Postponement of Charge (Charge No. 157094) Storm Sewer Route / Postponement of Charge (Charge No. N134187) Storm Sewer Route Part of Blocks 102 and 103 Plan 40M- I.bC6b ./ Transfer of Easement Rear Yard Catch Basin Part of Blocks 100 and 101 i Plan 40M- l!oSlo Part of Blocks 100 and 101 Plan 40M- \b8~ .'~ ~ ,",i "' o :) G ,j "1 -j Postponement of Charge ./ (Charge No. 157094) Rear Yard Catch Basin Postponement of Charge / (Charge No. NL34187) Rear Yard Catch Basin Part of Blocks 100 and 101 Plan 40M- I b9b / Transfer of Easement Rear Yard Catch Basin I Par" o-f / Block 109 Plan 40M- \b e b /(hrt 0("" Block 109 Plan 40M- \ b CO 10 Postponement of Charge . (Charge No. 157094) ./ Rear Yard Catch Basin Postponement of Charge ;/ (Charge No. N1.J4187) Rear Yard Catch Basin ... R:v1 'Or I Block 109. Plan 40M- ,b ale Discharge of Charge ,../'. (Charges Nos. 157093, NL34186 and 144942) Block 107 Plan 40M- I b~b . 1 -2- TRANSFERS AND AGREEMENTS LOTS AND BLOCKS Part of Lots 18, 19, 26, 27, 91, 92, and 93, and part of Blocks 94, 95, 96 Plan 40M- Part of Lots 18, 19, 26, 27, 91, 92, and 93, and part of Blocks 94, 95, 96 Plan 40M- ~ Transfer of Easement Rear Yard Catch Basin Postponement of Charge I (Charge No. 157094) Rear Yard Catch Basin . Postponement of Charge / (Charge No. NL34187) Rear Yard Catch Basin Part of Lots 18, 19, 26, 27, 91, and 93, and part of Blocks 94, 95, 96 Plan 40M- / Transfer in fee simple 0.3 metre reserves Blocks 113 to 118 both inclusive Plan 40M- __ Transfer in fee simple Park Block 107 Plan 40M- Discharge of Charge (' (Charge No. 157094) Park Block 107 Plan 40M- Discharge of Charge ./ (Charge No. NL34187) Park Block 107 Plan 40M- AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. DATED at Newcastle this qM day of ktVLut", :L? arfJ~ , 04 ,I .; 01' ~ i ~'- ~,.'- ~. ..~,_.. -, .. / DYE & DURHAM CO LIMITED FOtm No 985 .. /' I-~..j' prOVin.ce · t..l 01 ___ Ontario Document General Form 4 - Land Registration Reform Act, 1984 o 1 r- C"'j - - = ! 00 , I c..o . tl:;: . -::r: >- c.o :::r- \i'"'..j~ ...I '~;'" ~ Z ~,t.l') 0 U~, \.\J~ w Q ~ i.~ t,' M 1- .~ W ...... , I ::; 0 _J :: c:::. L:ti, it -. \ LL UJ 0 ~ ';;:;..n ~ c;n LL .. New property Identifiers Additional: ~hedUIe 0 Execution. Additional: See Schedule (8) This Document provide. as follows: (1) Registry 0 (3) Property Identifier(. ) L.nd Titles IX! T (2) Page 1 of I .)- ( pages ) Block Property Additional: See 0 Schedule (4) Nature of Document Notice of Subdivision Apeemeat (Section 74 of the Ad) (5) COMideratlon NA Dollars $ (ti) Deecrlptlon FIRSTLY: Parcel 15-6, Section Con, I (Darlington), being part of Lots 15 & 16, Concession 1, Geographic Township of Darlington desigJ1ated as Parts 1, 2 & 3 on Plan 10R-3767 and SECONDLY: Parcel 15-7, Section CoG. 1 (Darlington) being part of Lot 15, Concession 1, Geographic Township of Darlington dt.$~Ated as Part 4, on Plan 10R-3767 and / THIRD~Y: Parcel 15-3, Section Con. 1, Newcastle (Darlington) being part of Lot 15, Concession 1, designated as Part 1 on Plan 10R-26S4 save and except I Part 1 on Plan 10R-2728 all in the Town of Newcastle, Regional Municipality of Durham \ o (7) This Document Conmtns: (a) RedeSCription New Easement Plan!Sketch I, (b) Schedule for: , Additional 0':: Desc . 0 P . riptlon artles o Other 0 The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the 1/ land registered in the name of Martin Road Holdings limited and West Bowmanville Developments / Ltd. as Parcels 15-6 and 15-7, Section Con. 1 (Darlington) and Parcel 15-3, Section Con. 1, Ne~CkMW (Darlington) and hereby applies under Section 14 of the Land Titles Act for the entry of a Notice of Subdivision Agreement in the Register for the said Parcel. ( (9) This Document relate. to intlrument number(s) (10) P.rty{Ie') (Set out Status or Interest) Name(s) Continued on Schedule 0 ) Signature(s) Date of Signature Y M 0 , . . THE. CORPORATION OF .THE TOWN. . . . . . . . OF NEWCASTLE by it solicitors . . SHIBLEY RlGHTON 'per Nicholas' . . . . . . . . . . . T.Macos ~ .-., i :: .42. /'.. ~-- ! lit": 10 .. . . . .............................: 1991. I" .!.. . Nicholas T. Macos !! ! . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . .. . : . . .. . : . . .1. . . : : I ! : i : :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . : . .. . . : . . Oi" . . i 1 i : : t . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Addres. for ServICe An T~ (12)Party(les) (Set out Status or Interest; Name(s) ".. ... ~ . T 1 f"" ~ A ~ .... Signature(s) Date of Signature Y M 0 i ! i : : I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . , . . 0" . . i ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . .. ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . .. ...... ... . . . . 0-' . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) Address for Service r ('4) Municipal Add..... of property not assigned (15) Document Prepared by: Fees and Tax ~ ...I Z Registration Fee o w en ::> w o u: LL o a:: o LL tl! Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos Total , I Page 2 THIS AGREEMENT made in quintuplicate as of this 5th day of September, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - MARTIN ROAD HOLDINGS LIMITED and \\TEST BOWMANVILLE DEVEWPMENTS LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROBERT LOUIS STEVENS and ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRJ> PART SUBDIVISION AGREEMENT / .! INDEX ARTICLE 1. INTERPRETATION AND SCHEDULES ................... 1.1 DefiDltioDS. · · . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 13 Sched.u1es . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ARTI CLE 2 - GENE'RAI., .. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · . 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 1.10 2.11 2.U 2.13 2.14 2.15 2.16 2.17 Recitals in Operative Part of Agreement ..................... Certification of Ownership Copy of Plan and Agreements Required ...................... 'l'ransfer of Easements .................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'l'ransrer of lAlDds . . . . . . . . · · · · · · · . · · · · · · · · · · · · · · · · · · · · · · Registration of Transfers Postponement of Mortgage Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charge on Lands ...................................... Registration of Agreement ................................ Renegotiation and Amendment of Agreement .................. Town to Act Promptly · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Assignment of Agreement ................................ Replacement of Draft Plan with Final Plan(s) · · · · · · · · · · · · · · · · · Notification of Owner ................................... Successors ........................................... Lot\Block Reference Numbers .............. · · · · · · · · · · · · · · · ARTICLE 3 - FINAN'CIAL · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.Ll 3.13 3.14 3.15 3.16 Payment of Taxes ...................................... Payment of Local Improvement Charges ..................... Payment of Drainage Charges ............................. Payment of Development Levies · · · · · · · · · · · · · · · · · · · · · · · · · · · · Cash in Lieu of Land Dedication · · · · · · · · · · · · · · · · · · · · · · · · · · · Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . Use of Performanee Guarantee ............................ Indemnification of Town ................................. II1Slll1lll~ . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Maintenance Guarantee Required .......................... Use of Maintenanee Guarantee ............................ Requirements for Release of Performance Guarantee Requirements for Release of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . Payment of Town's Costs . . . . . . . · · · · . · · · · · · · · · · · · · · · · · · · · · Unpaid Monies . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / Page 3 7 7 13 14 14 14 14 15 16 16 16 17 17 17 18 19 19 19 20 20 10 21 11 21 21 11 21 22 23 13 23 13 25 25 16 26 17 27 AR.TICU 4. PIANNING ......................................... 4.1 43 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.U Tree Preservation Plan .................................. Landscaping Plan and Landscaping Requirements .............. Use of Lands ......................................... Lands Unsuitable for Building ............................ Lands Requiring Site Plan ............................... Requirements for BuDding Permits ......................... Model Homes ............................ · · · .. · · · · · · · · Architectural Control Standards ........................... Requirements for Sale of Lands . . . . . · · · · · · · · · · · · · · · · · · · · · · · Requirements for Occupancy Permit ........................ Requirements for Park .................................. Special Conditions ..................................... AR.TICLE 5 - P'U'BLIC WORKS .................................... 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.U 5.13 5.14 5.15 5.16 5~17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 535 5.26 Town Works Required. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Utilities and Services Required ............................ Own.er's Engineer ...................................... Design of Works ........................... . · · · · · · · · · · · Approval of Engineering Drawings · · · · · · · · · · · · · · · · · · · · · · · · · · Approval of Grading and Drainage Plan ..................... Staging of Construction . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Approval of Schedule of Works ............................ Approval of Works Cost Estimates and Stage Cost Estimates ...... Requirements for Authorization to Commence Works ............ Requirements for Commencement of Subsequent Stages of Works ... Inspection and Stop Work. . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · Construction in Accordance with Engineering Drawings .......... Sequence of Construction of Works ......................... Completion 1lme for Construction of Works .................. Minor Additional Work. . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Incomplete or Faulty Works and Liens . . . . . . . . . . . . . . . . . . . . . . Entry for Emergency Repairs . · · · · · · · .. · · · · · · · · · · · · · · . · . · · . Damage to Existing Services .............................. Damage to Neighbouring Wells ............................ Use or Works by Town ................................... Maintenance of Roads after Completion . . · · · · . · · · · · · · · · · · · · · · Requirements for Certificate of Completion ................... Requirements for Certificate of Acceptance ................... Own.ership of Works by Town ............................. Requirements for Certificate of Release ...................... Page 4 28 28 29 31 31 31 31 34 35 35 36 38 42 4S 45 45 45 46 46 46 47 47 48 48 51 51 52 52 52 53 53 54 54 55 57 57 58 58 59 59 Page 5 5:1,7 Extemal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . · .. · · · .. 60 5.28 Financial Contributions for Certain Extemal Works. . . . . . . . . . . .. 60 s.z9 Security for CPK Underpass Work . . . . . . . . . . . . . . . . . . . · . · · · .. 61 ARTICLE 6 - COMPLIANCE 'WITH REGULATIONS ................... 64 ARTICLE 7 - RESPONSIBILI1Y OF SUBSEQUENT OWNERS .......... 64 ARTICLE 8 - TI1tfE OF ESSENCE................................ 64 ARTICLE 9 - AunlORl1Y TO MAKE AGREEMENT ................ 64 Schedule -A- Schedule -B- Schedule -C" . Schedule -n- Schedule -E- Schedule "F" Schedule -G- Schedule -G-r Schedule -H- Schedule "I" Schedule -J" Schedule -K" Schedule -L- Schedule "M" Schedule "N" Schedule -0" Schedule -P" Schedule "P..l" Schedule -Q" Schedule "K" Schedule "S" Schedule 'T' Schedule "U' Schedule "V" Schedule "W" SCHEDULES TO AGREEMENT -Legal Description of the Lands- -PIan of Subdivision (reduction)- "Charges Against the Lands" -Development Levies- "Transfers of Easements" -Lands to be Transferred to Town and/or Cash to be Paid in Lieu Thereor' "Works Required" -Staging Plan- "Utilities and Senices Required" -Duties of Owner's Engineer" "Works Cost Estimates" -Insurance Required" -Regulations for Construction- -Use or the Lands" .Land Unsuitable for Building" -Land Requiring Site Plan Approval" "Oversized and/or External Senices- -Financial Contributions for Certain External Works" -Conservation Authority's Work" "Engineering and Inspection Fees" -Region'S Conditions of Approval- "Tree Preservation Plan" (reduction) "Landscaping Plan" (reduction) -Requirements of Other Agencies" -Architectural Control Standards- " Page 6 nlIs AGREEl\fENT made in quintuplicate as of this 5th day of September, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - ~TINRO~HOLDmGSUMITEDud WEST BOWMANVILLE DEVELOPMENTS LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROBERT LOUIS STEVENS and ROYAL BANK OF CAN~A (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS A The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands"; B The Owner represents and warrants that it is the registered Owner of the Lands'in fee simple absolute subject to the mortgagee referred to in Recital C; C The Owner represents and warrants that the Mortgagee is the only mortgagee or chargee of the Lands; D The Owner bas received the approval of the Regional Municipality of Durham, (hereinafter called the "Region") to draft Plan of Subdivision 18T-88046 of the Lands subject to compliance with certain conditions thereto including the making of Subdivision Agreements with the Region and the Town, respectively; ~~' I -----:----_.,--_.. Page 7 E The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and the Town, respectively, for the making of the aforesaid Subdivision Agreements; F The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" (the "Utilities and Services"); G The Owner represents and warrants that it will enter into Agreements with the Region and the Town to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-88046; H This Agreement is made pursuant to the provisions of Subsection 50(6) of the Planning Act, 1983 and is authorized by By-law 91-100 passed on June 24th, 1991; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1. INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement tbe term: (a) "Act" has the meaning assigned to it in paragrapb 3.4(2) of this Agreement. (b) "Additional Required Dedication" has tbe meaning assigned to in Scbedule "P of this Agreement. ( c) "Adjusted Revised Estimates" has the meaning assigned to it in paragraph 5.29(3) of this Agreement. (d) "Adjusted Second Revised Estimate" has the meaning assigned to it in paragraph 5.29(5) of this Agreement. " Page 8 (e ) "Adjusted Starting Estimated Cost" has the meaning assigned to it in paragraph 5.29(3). (t) "Adjustment Date" has the meaning assigned to it in paragraph 5.29(2) of this Agreement. (g) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (h) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (i) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. (j) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (k) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of this Agreement. (I) nOosing of Martin Road Work" has the meaning assigned to it in Schedule "P" of this Agreement. .' -em) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (n) "Cost Sharing Report" means the "Cost Sharing Report" referred to in Schedule "0" of this Agreement. (0) "Council" means the Council of The Corporation of the Town of Newcastle. (0) "CPR Underpass Work" has the meaning assigned to it in Schedule "P" of this Agreement. (q) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (r) "Development Charge By-law" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. / /. (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) Page 9 "Development Levies" has the meaning assigned to it in Schedule "D" of this Agreement. "Director" means the Director of Public Works of the Town of Newcastle or his designated representative. "Directol of Community Services" means the Director of Community Services of the Town of Newcastle or his designated representative. "Director of Planning" means the Director of Planning and Development of the Town of Newcastle or his designated representative. "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement ''External Services" has the meaning assigned to it in paragraph 5.27(1) of this Agreement. "Final Noise Impact Study" has the meaning assigned to it in paragraph 4.12(4) of this Agreement. "Front-Ending Agreement" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. "GraC!ing and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of tMs Agreement. ''Highway No.2 Sidewalk and Streetlighting Work" has the meaning assigned to it in Schedule "P-l" of this Agreement. "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. "Landscaping Plan" bas the meaning assigned to it in paragraph 4.2(2) of this Agreement "Lands" has the meaning assigned to it in Recital A of this Agreement. "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. / Page 10 (gg) "Major Park" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (hh) "Minister" means the Minister of Municipal Affairs, Ontario. (ii) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (ij) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (kk) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (11) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (mm) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (nn) "Owner" means the Party of the Second Part to this Agreement, its successors and assigns and when used to refer to a successor or assignee of such Party, or to another person, an owner includes an individual, an association, a partnership or a corporation, (00) "Owner's Engineer" D;~ans a professional Civil Engineer, registered by the Association of Professional Engineers of Ontario. (Pp) "Park Deficiency" has the meaning assigned to it in Schedule ''F' to this Agreement. (qq) "Park Letter of Credit" has the meaning assigned to it in paragraph 4.11(7) of this Agreement. (rr) "Park Maintenance Guarantee" has the meaning assigned to it in paragraph 4.11(9) of this Agreement. (ss) "Park Site Master Plan" has the meaning assigned to it in paragraph 4.11(1) of this Agreem~nt. (tt) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. J Page 11 (uu) "Phase 1 of the Development of the Lands" means the development of the portion of the Lands which is within the draft 10M plan of subdivision, a copy of which is contained in Schedule "B". (w) "Phase Subsequent to Phase 1 of the Development of the Lands" means the development of the whole, or any portion of the Lands, which are not located within the draft 10M Plan of Subdivision contained in Schedule "B" after such draft 10M Plan of Subdivision has been registered against the title to the portion of the Lands to which it applies, and if the first "Phase Subsequent to Phase 1 of the Development of the Lands" includes only a portion of the Lands which are not located within such draft 10M Plan of Subdivision, the term "Phase Subsequent to Phase 1 of Development of the Lands" means the development of each portion of the Lands which is within a separate 10M Plan of Subdivision which is registered against the title to the portion of Lands to which it applies. (ww) "Property Frontage Cbarges" has the meaning assigned to it in paragraph 5.27(5) of this Agreement. (xx) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (0) liRe approved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreem~nt. (zz) "Reconstruction Work" has the meaning assigned to it in Schedule"G" of this Agreement. (aaa) 'Region" shall mean the Corporation of the Regional Municipality of Durham. (bbb) "Regional Road 57 Sidewalk and Streetlighting Work" has the meaning assigned to it in Schedule ttPII of this Agreement. (ccc) "Required Increase in the Security Deposit" has the meaning assigned to it in paragraph 529(3) of this Agreement. (ddd) "Revised Estimates" has the meaning assigned to it in paragraph 5.29(2) of this Agreement. I Page 12 (eee) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (fff) "Second Revised Estimates" has the meaning assigned to it in paragraph 5.29(4) of this Agreement. (ggg) "Security Deposit" has the meaning assigned to it in paragraph 5.29(3) of this Agreement. (hhh) "Security for the Maintenance Ouarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ill) "Services" has the meaning assigned to it in paragraph 5.27(2) of this Agreement. (jjj) "Solicitor" means the Solicitor for the Town. (ill) "Starting Estimated Cost" has the meaning assigned to it in paragraph 5.29(2) of this Agreement. (lll) "Storm Sewer System" has the meaning assigned to it in Schedule "0" of this . Agreement. (mmm) "Stormwater Detention Work" has the meaning assigned to it in Schedule "0" of this Agreement. (nnn) "10M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. (000) "Tot Lot" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (Ppp) "Town" means The Corporation of the Town of Newcastle or any official, designated by Council to administer the terms of this Agreement. (qqq) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. (rn) "Treasurer" means the Treasurer of the Town of Newcastle or his designated representative. ... (...... / --------- _"..~.____.-..-..,- '_'H_" Page 13 (sss) "Tributary Stormwater Management Works" has the meaning assigned to it in Schedule "0" of the Agreement. (m) "Utilities and Services" means the utilities and services referred to in Schedule "II" of this Agreement. (uuu) "Water Quality Works" has the meaning assigned to it in Schedule "0" of this Agreement. (vvv) "West Bowmanville Park" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (www) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (xxx) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and tbe masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "0" Schedule "0-1" Schedule "H" Schedule "I" Schedule "1' "Legal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Development Levies" "Transfers of Easements" "Lands to be Transferred to Town and/or Cash to be Paid in lieu Thereof' "Works Required" "Staging Plan" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" Scbedule "A" Schedule "B" Schedule "e' Schedule "D" Schedule "Eft Schedule "F J Page 14 Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" Schedule "P" Schedule "P-l" Schedule "Q" Schedule "R" Schedule "S" Schedule 'T' Schedule "U" Schedule "V" Schedule "W" "Insurance Required" "Regulations for Construction" 'Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Oversized and/or External Services" "Financial Contributions for Certain External Works" "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" "Tree Preservation Plan" (reduction) "Landscaping Plan" (reduction) "Requirements of Other Agencies" "Architectural Control Standards" ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of A,veement The Owner represents and warrants to the Town that each of Recitals A to G of this Agreement is correct. 2.2 Certification of Ownership (1) On the execution of this Agreement, the Owner shall provide the Town with~.let~er 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 interests in the said Lands and the nature of their interests. (2) On the execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Town or in which easements are to be transferred to the Town pursuant to the terms of this Agreement. 2.3 Copy of Plan and A,peements Required On the execution of this Agreement, the Owner shall provide the Town with as many copies as the Town requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "10M Plan") is contained in Schedule "B" attached hereto. The Owner shall also furnish to the Town at the time of the / Page 15 execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan bas been approved and Agreement bas been executed by the Parties thereto at the time of the execution of this Agreement. If at the time of the execution of this Agreement, the aforesaid Plan bas not been so approved and/or the aforesaid Agreement between the Owner and the Region bas not been executed, the Owner shall provide the Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and SeIVices, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, tbe Owner shall provide the Town with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. 2.4 Transfer of Easements (1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town the executed transfers of easements which are set out in Schedule "E" and shall pay to the Town in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall be in registerable form. (2) H, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building permit(s) forbuilding(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company for Town purposes, Region of Durham purposes or for Utilities and SeIVices, as the case may be, or for drainage purposes, the Owner agrees to transfer to tbe Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the , . Page 16 erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Cotnmiqion, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2) 2.5 ,ransfer of Lands On the execution of this Agreement, the Owner shall deliver to the Town executed transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in paragraph 1 of Schedule "F hereto and shall pay to the Town in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Reeistration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, 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. 2.7 postponement of Morteaee The Mortgagee hereby postpones its mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the Mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Town, the Mortgagee at its cost shall execute a separate Postponeqtent Agreement containing terms satisfactory to the Town's Solicitor forthwith after being requested to do so by notice given in ~ting to the Mortgagee and to deliver the same to the Town. Page 17 2.8 Lands for School PulJ)Oses (1) On or prior to the execution of this Agreement, the Owner shall 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 any School Board which has an option to acquire any lot(s) or block(s) comprising part of the Lands does not exercise its option, forthwith after such School Board fails to exercise such option, and in the case of the Northumberland and Newcastle Board of Education, it fails to enter into an agreement of purchase and sale of Block 335 on draft Plan of Subdivision 1ST -88046 with the Owner at any time until the expiry of seven (7) years from the date as of which this Agreement is made, the Owner shall give notice to the Town in writing that the School Board has not exercised its option. The Owner hereby grants to the Town an irrevocable option to acquire such lot(s) or block(s) on the same terms and conditions including, without limiting the generality of the foregoing, the consideration to be paid to the Owner, as the School Board could have acquired such lot(s) or block(s) by exercising its option as aforesaid, except that the Town shall exercise the option hereby granted by giving written notice to the Owner prior to the expiry of sixty (60) days after the Town receives the aforesaid notice from the Owner that the School Board has failed to exercise its option. The purchase of the lot(s) or block(s) in question by the Town shall be completed within ninety (90) days after the exercise of the Town's option as aforesaid. 2.9 ~hal"le on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement 2.10 B~stratlon of A,reement The Owner and the Mortgagee hereby consent to the registration of this Agreement or a notice thereof against the title to the Lands. Neither the Owner nor the Mortgagee will register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished hereunder have first been registered against the title to the Lands or the appropriate portiones) thereof, as the _~e may be. Without derogating from the foregoing, the Owner and the Mortgagee also hereby consent to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portiones) thereof as the case may be, in order to give further effect to the Page 18 foregoing and acknowledge that the Town has reasonable cause to register an Inlnbiting Order(s) or Caution(s) as the case may be. 2.11 ReneJOtiation and Amendment of A,reement (1) Following the occurrence of any of the events set out below in paragraph 2.11 (the "Renegotiation Events"), the Town may give written notice to the Owner requiring that particular provisions of this Agreement specified in the DOtice shall be renegotiated and. if necessary amended by the Parties. No later than the expiry of the ten (10) day period following the date on which such notice is given. the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region. the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Town considers to be substantially different from the 10M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Town, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement, the Owner and the Town will renegotiate the same in good faith and with expedition. In the event that the renegotiation has not been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which the notice requiring the renegotiation is given as aforesaid, at any time thereafter the Town may give the ,.., t'~ _ _ _____~c:~-_.,--.>-...-..-- Page 19 Owner written notice declaring this Agreement to be terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Town declaring it to be terminated in accordance with paragraph 2.11(1), none of the Parties hereto may make any claim against the Town for d~mages for any loss or cost or make any claim against the Town for compensation in respect of any of the Works, whether located in whole or in part on land in which the Town has an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8,5.14,5.17,5.20 and 5.21 and Article 8 of this Agreement will survive the termination of this Agreement pursuant to paragraph 2.11(2) and paragraphs 3.8, 5.17, 5.19, 5.20 and 5.21 and Article 8 of this Agreement shall continue to bind the Owner and may be enforced by the Town in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.11(1) from time to time by mutual agreement, the Parties hereto may 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. 2.12 Town to Act Promptly Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town 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 in all respects and the Town and its officials shall act reasonably. 2.13 Assi~ment or Atreement The Owner shall not assign this Agreement without prior written consent of the Town. For greater certainty, any assignment which is made contrary to this paragraph 2.13 does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement. 2.14 Iteplacement or Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T -88046 has been approved by the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and Page 20 street(s) shown on such red-lined draft Plan of Subdivision. The 10M Plan proposed by the Owner is also contained in Schedule "B". (2) On a final Plan of Subdivision implementing Plan 1ST -88046 approved pursuant to the pI,nning Act, 1983 being registered against the title to any one (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 181'-88046 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered to bave beenmacle to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Schedules "B", "E", 7', "0", "N", "0", "P", "0", wor, "U", "V" and "VI" in order to replace the descriptions and references to the red-lined draft Plan of Subdivision 1ST -88046 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.15 'Notification of Owner If any notice or other document is required to be or may be given by the Town or by any official of the Town to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: The Owner: Martin Road Holdings limited 250 Consumers Road Suite 403 North York, Ontario M2J 4V6 or such other address of which the Owner, as the case may be, has notified the Town in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 2.16 $uccesson This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 2.17 f.,ot\Block Reference Numben Subject to paragraph 2.11 of this Agreement, for the purposes of this Agreement, all references to lot(s); block(s); 0.3 metre reserves and road widenings reflect the numbering of each as shown on draft Plan of Subdivision 18T -88046, as approved by the Commissioner of Planning February 21, 1991. Page 21 ARTICLE 3. FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the Owner shall pay all municipal taxes outstanding against the Lands, as set out in Schedule lie' hereto. In addition, the Owner shall pay any municipal taxes which may become due in respect of the whole or any one or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 Payment of Local Improvement CharJes Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule lie' 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 or Drainare Ch8J:1es Prior to the date of the execution of this Agreement, the Owner shall pay all drainage charges assessed under the Drainage Act, R.S.O. 1980, c.I26, and the Tile Drainage Act, R.S.O. 1980, c.500 against the Lands, as set out in Schedule lie' hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 Payment of Development Levies (1) The Owner shall pay all "Development Levies" (as defined in Schedule "D") in the amounts and at the times set out in Schedule "D" hereto. For greater certainty, prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, the Owner shall pay all remaining Development Levies assessed against such lot(s) or block(s). (2) Without derogating from paragraphs 4.11(15), 5.27(2), 5.27(3), 5.28 and 5.29(8), the Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4(1) and Schedules "D", "0", "P" and "P-l" are intended nor shall they be considered to have the effect of exempting the Owner in whole or in part from, or making inapplicable to the Owner! or making inapplicable in respect of the development of the Lands, a development charge that after the date of this Agreement may be imposed by the Town by passing a By-law (the "Development Charge By-law") under the Development Charges Act, 1989 (the Page 22 II Act"), and none of them shall be used as a justification for or the basis of granting the Owner a credit of any amount in detennining the development charge payable by the Owner under such By-law and Act. Further, without limiting the generality of the foregoing, it is understood and agreed by the Parties, that the Owner's agreement to pay Development Levies pursuant to paragraph 3.4(1) and Schedule "D" in respect of the development of the Lands or any part thereof is not intended by the Parties and shall not have the effect of limiting the Owner's obligation to pay only that portion of a development charge otherwise imposed by the Development Charge By-law which is not in excess of the amount of the Development Levies on the date of issuance of any building permit under the Ontario Building Code Act for a dwelling(s) proposed to be constructed on the Lands that would have been payable under paragraph 3.4(1) and Schedule "0" if the Town had not passed a Development Charge By-law. 3.5 ~ash in Lieu of Land Dedication On the execution of this Agreement, the Owner shall pay the Town the cash payment in lieu of dedication of lands as set out in Schedule "F hereto. 3.' Performance Guarantee Required Except as is otherwise provided in paragraph 5.29 of this Agreement with respect to the CPR Underpass Work, prior to the date of issuance to the Owner of any Authorization to Commence Work, the Owner shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule II A" or "B" of the Bank Act, acceptable to the Town's TreaSurer, and containing terms satisfactory to the Town's Treasurer in the amount which is required by the Town to secure to the Town the performance by the Owner of its covenants contained in this Agreement to construct and install the Works and the performance of the Owner's obligations under paragraph 5.13(2), as well as the performance by the Owner of its other covenants contained in this Agreement, including but not limited to its covenant under paragraph 4.11. Such cash deposit ~r letter of credit shall be in the amount required by the Directors of Community Services, Planning and Development, and Public Works as has authority under this Agreement. With respect to the Works, the deposit shall be in an amount at least equal to the "Works Cost Estimates' (as hereafter defined) for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an application for such Authorization has been made by the Owner. (The cash deposit(s) or letter(s) of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this Agreementat:e called the "Performance Guarantee".) Page 23 3.7 'Pse of Performance Guarantee From time to time the Town may appropriate the whole or anyone or more portions of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate shall not exceed the amount(s) required to remedy the Owner's default at the date of the appropriation. Forthwith after making each such appropriation, the Director shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount(s) required by this Agreement. 3.8 Indemnification or Town (1) The Owner shall defend, indemnify and save the Town harmless from and against all actions, claims, liabilities, losses, damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction, and/or installation of the Works provided for in this Agreement. (2) The Owner shall continue to indemnify and save harmless the Town as provided in paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the Owner and notwithstanding any arrangements that may be made by the Town with any person respecting any of the matters indemnified against under this Agreement. (3) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Town to do or refrain from doing any act or making any recommendation necessary for the Qwner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.9 Jnsurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement on or prior to the execution of this Agreement and thereafter in accordance with Schedule "K". 3.10 Maintenance Guarantee Required (1) From the date of issuance of a Certificate of Completion of the Works or any of them, until the date of issuance of a Certificate of Acceptance of such Works, the Owner agrees with the Town to promptly correct, remedy, repair or replace any portion or component of such Works that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. Page 24 (2) Prior to the date of issuance of a Certificate of Completion of the Works or any of them, the Owner will deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security for the Maintenance Guarantee shall be in an amount not less than fifteen (15%) percent of the cost of the Works in question referred to in Schedule ")" hereto. In the event that the Owner fails to perform the Maintenance Guarantee, the Town may correct, remedy, repair or replace the defective or deficient Works, portion of Works or component thereof and appropriate the whole or any part of the Security for the Maintenance Guarantee as is necessary to indemnify the Town in respect of the cost of doing so. (3) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works covered by the Certificate of Completion referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (1) "Storm Sewer System" (as hereafter defined) includina the Storm Sewer Work: a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for the Storm Sewer System and terminating on the date of issuance of the Certificate of Acceptance for the Storm Sewer System. (2) Roads and Above Ground Services: a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for the Roads and Above Ground Services and terminating on the date of issuance of the Certificate of Acceptance for the Roads and Above Ground Services. (3) "Tributary Stormwater Manaaement Works" (as hereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for these Works and terminating on the date of issuance of a Certificate of Acceptance of them. (4) "Water Ouality Works" (as hereafter defmed): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for these Works and terminating on the date of issuance of a Certificate of Acceptance of them. (5) "CPR Underpass Work" (as hereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for these .' \~ , r -~-~.----_.- _..,.~'-"-- Page 25 Work and termination on the issuance of a Certificate of Acceptance of them. 3.11 Use of Maintenance Guarantee From time to time, the Town may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner to the Town under this Agreement. The amount(s) of such appropriation shall not exceed the cost as determined by the Director of correcting the deficiency{s) or defect{s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith, after the Town makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.12 fleQuirements for Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by tbe Director is to an amount equal to the value of the uncompleted Works and the other facilities and improvements, as determined by the Director, plus fifteen (15%) percent of the value of the completed Works, facilities and services, also determined by the Director having regard to the Progress Certificate prepared by the Owner's Engineer in respect of the completed Works if such has been submitted to the Town by the Owner. (2) The Owner will not require the Town to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) a Certificate of Completion has been issued for the Works for which such Performance Guarantee is required under this Agreement; (b) the Owner has deposited with the Town, the Maintenance Guarantee applying to the Works for which the Performance Guarantee was required; and (c) 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 to such Works. /' Page 26 3.13 Requirements for Release of Maintenance Guarantee The Owner agrees that the Town shall Dot be required to release to the Owner the Security for the Maintenance Guarantee until the following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Town is satisfied that there are no outstanding claims relating to such Works. (c) The Town has received the as-built drawings for such Works from the Owner. 3.14 Payment of Town's Costs (1) On the execution of this Agreement 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 reasonable cost of all legal services contemplated by the terms of this Agreement, which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate(s) of Release, provided that services have actually been performed for the Town. (2) After the date of execution of this Agreement, forthwith after written notice is given to the Owner containing reasonable particulars thereof, the Owner shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred by the Town in connection with the preparation, processing and approval of the "Front-Ending Agreement(s)" necessary to implement paragraph 5.27 of this Agreement. (3) The Owner shall pay to the Town for all estimated engineering and inspection costs in accordance with the provisions of Schedule"R" forthwith after a written demand therefor is given to the Owner by the Director. (4) After giving reasonable notice to the Town, the Owner may inspect, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is requiring reimbursement pursuant to paragraphs 3.14(1), 3.14(2) and 3.14(3). I Page 27 3.15 Unpaid Monies . Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall be calculated and be paid by the Owner to the Town on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with Town taxes which are in arrears at the date on which the default in question commences. There shall be added to the interest so calculated and payable, an amount which is equal to the late payment charge which may be added to Town tax arrears payable by a ratepayer of the Town at the date on which the default in question commences. 3.16 Occupancy Permit Dej)Osit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner shall deposit with the Town an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act acceptable to the Town's Treasurer, in the amount of twenty thousand ($20,000.00) dollars (the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Town that occupancy of any dwelling(s) within Phase 1 of the Development of the Lands will not take place before an "Occupancy Permit" (defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to the Town's Treasurer. In the event that occupancy of dwelling(s) occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Town to comply with the requirements of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the event that the Town so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it is given written notice of the amount of the appropriation, the Owner shall restore the Occupancy Permit Deposit to the full amount of twenty thousand ($20,000.00) dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner at such time as the last dwelling which may be constructed on Phase 1 of the Development of the Lands is permitted to be occupied pursuant to an Occupancy Permit. H a letter of credit is deposited as the Occupancy Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 10M Plan contained in Schedule "B" to replace the letter of credit from time to time, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following any such permitted replacement of a letter of credit, the Town will return the replaced letter of credit to the Owner or to the person for whom it was issued, as may be appropriate. I Page 28 (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the following "Occupancy Permit Scale" of the Town which is current on the date of execution of this Agreement: up to 50 lots 51 to 100 lots 101 to 250 lots 2S 1 to 500 lots over 500 lots $10,000.00 $15,000.00 $20,000.00 $30,000.00 550,000.00 The Owner agrees with the Town that the Town in its discretion may amend its Occupancy Permit Scale from time to time. (3) Prior to the issuance of a building permit for the first dwelling proposed to be constructed in each Phase Subsequent to Phase 1 of the Development of the Lands, the Owner will deposit with the Town an Occupancy Permit Deposit in the amount produced by applying the Town's Occupancy Permit Scale which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Town to the number of lots within the Phase in question. The provisions of paragraph 3.16(1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase 1 of the Development of the Lands, with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 3.16(3). ARTICLE 4 - PLANNING 4.1 Tree Presen'ation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director of Planning of a plan for the preservation of trees on the said Lands (the "Tree Preservation Plan") which shows: (a) the location and approximate size of all existing trees over 30.5 em in circumference at 1.5 m above the ground; and (b) the location of an existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. (2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy or damage any tree existing at the date of this Agreement. No existing tree ---.---- I Page 29 shall be removed until the Tree Preservation Plan is approved by the Director of Planning and thereafter an existing tree may be removed only if permitted by the Tree Preservation Plan. The Owner agrees to comply with the approved Tree Preservation Plan. In the event that any tree required to be preserved by the approved Tree Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall replace that tree with a tree of a height, calliper and species as determined by the Director of Planning in his discretion. (3) The Parties acknowledge that the approved Tree Preservation Plan for the purposes of this Agreement is the Tree Preservation Plan contained in Scbedule "T". 4.2 Landscapina Plan and Landscapinv ReQuirements (1) Prior to the issuance of any Authorization to Commence Works located within Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a "Landscaping Plan" (as hereinafter defined) for such Phase. (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning and the Director of Public Works. The landscape architect shall prepare a draft landscaping plan for Phase 1 of the Development of the Lands showing, among other things, boulevard road areas and vegetation, and trees to be planted thereon. The draft landscaping plan shall conform with and implement the Town's landscaping design criteria, as amended from time to time and the provisions of this Agreement. When the draft landscaping plan for Phase 1 of the Development of the Lands has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for. such Phase for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule "V" hereto is the Landscaping Plan for Phase 1 of the Development of the Lands for the purposes of this Agreement. (4) Prior to the date of issuance of any Authorization to Commence Works which are located within a Phase Subsequent to Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a draft Landscaping Plan for such subsequent Phase, and the provisions of paragraph 4.2(1) shall apply with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.2(4). (5) The Owner agrees that its cost to satisfy the fol1owing requirements: J Page 30 (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded/seeded, as may be required by the Director of Planning, within one (1) year of occupancy of the dwellings; (b) a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5) and the Landscaping Plan for Phase 1 of the Development of the Lands and the Landscaping Plan for each Phase' Subsequent to Phase to Phase 1 of the Development of the Lands; (c) all trees shall be a minimum of three point five (35) m in height and six (6) em in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; (e) fencing, other than noise fencing the height of which is specified in paragraph 4.12(4) and 4.12(8) and the Canadian Pacific Railway fencing which is specified in Schedule "V", shall have a minimum height of one point eight (1.8) metres. Chain-link fencing is not permitted except in areas abutting walkways and then only in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; and .' (f) where wood fencing is proposed, it must be constructed either of pressure treated wood or wood of equivalent longevity in the opinion of the Director of Planning. (6) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan for Phase 1 of the Development and the relevant Landscaping Plan for each Phase Subsequent to Phase 1 of the Development of the Lands expeditiously during the construction of dwellings in the Phase in question. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Town at the Owner's cost. Without limiting the Town's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Town that the Town may appropriate a portion of the Performance Guarantee to indemnify the Town in respect of tbe cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. Forthwith, after the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to tbe amount required by this Agreement. ,/ Page 31 4.3 Use of Lands The Lands shall Dot be used for any purpose other than the purposes set out in Scbedule "M" bereto, provided that sucb purpose is permitted by the Town's By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for Buildine The Parties acknowledge and agree that the lot(s) or block(s) whicb are set out in Scbedule "N" bereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any sucb lot(s) or block(s) until the conditions set out in Schedule "N" for such lot(s) or block(s) bave been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority baving jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Lands ReQuirine Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan whicb are set out in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot(s) or block(s) under Section 40 of the Planning Act, 1983, provided that any application for a building permit shall comply in all respects with the tenns of the said Site Plan Agreement and all applicable laws. 4.6 ReQuirements for Buildine Permits The execution of this Agreement by tbe Town, the approval by the Town of the 10M Plan or a final plan of subdivision either for Phase 1 of the Development of the Lands or for any Phase Subsequent to Phase 1 of the Development of the Lands, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Town to any person, nor shall be taken to give any assurance to the Owner or to any other person that building permits for buildings proposed to be constructed on any portion of the Lands when applied for, will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause or permit an application to be made by any person for a building permit for a building proposed to be constructed on any of the lands, made until the following requirements are satisfied: (a) all easements for the purposes of the Town, the Region of Durham or the Newcastle Hydro-Electric Commission or for the purpose of Utilities and Services referred to / Page 32 in Schedule "H", or for the purpose of drainage in the lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to the appropriate person as required by this Agreement; (b) all the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed buildiD.g(s); (c) all of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director; (d) all of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Newcastle Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Town has received written confirmation from such Commission, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it or they may draw to payor to reimburse itself (themselves) in respect of the costs of the design, construction and installation of such Utilities and Services if the Owner fails to construct and install them; (e) the Owner ~as provided the Director of Planning with a paper draft of the registered Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning with a mylar copy of such registered Plan of Subdivision forthwith after it is made available to the Owner by the Land Registry Office); (t) the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 and Schedule "0" bave been paid in respect of the lot(s) or block(s) for which application is made for a building permit; (g) the Owner has deposited with the Town the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing; (h) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions witb respect to the development of such Jot(s) or block(s) set out in paragraph 4.4 of this Agreement; ,1 Page 33 (i) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement; (j) the Performance Guarantee and in all cases required by this Agreement, the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Town and are in good standing; (k) the applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the 10t(s) or block(s) in respect of which the application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s) as well as with the Town's Design Criteria and Standard Detail Drawings; (I) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neigbbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands; (m) (i) the Owner has constructed access routes to the subdivision in satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and has installed all necessary watermaiI1S and hydrants which are fully serviced; (il) the Owner has agreed with the Town that during construction of the building pursuant to the building permits which bave been applied for fire access routes will be maintained continuously as required by Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste will be maintained in accordance with Subsection 2.4.1.1 of tbe Ontario Fire Code, and open burning will not occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code; (ill) the Owner bas agreed with the Town to comply with the Ontario Fire Code with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning (Subsection 2.6.3.4); / Page 34 (iv) the Owner has agreed with the Town to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto Home Builder's Association in respect of construction of dwellings; (n) the Owner has provided written confirmation that all dwelling(s) to be erected on Phase 1 of the Development of the lands or a Phase Subsequent to Phase 1 of the Development of the Lands in which the 10t(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "W" hereto; and (0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Mode) Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the lands, provided that: (a) each such application is in conformity with all By-laws of the Town, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Town as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this Agreement. (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Town's Fire Chief. (3) Any model home(s) constructed on the Lands shall be used for sales display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. .... \~ /' Page 35 If such model home( s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Town may have under this Agreel!lent, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Town that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Town harmless and indemnify the Town from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees, which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 t\rChitectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "W" hereto. 4.9 ReQuirements for Sale of Lands i' Without derogating from any other provision of this Agreement the Owner shall not sell the Lands or anyone (1) or more portions of the Lands until each of the following conditions is satisfied: (a) the transfers of easements referred to in paragraph 2.4 have been registered in accordance with paragraph 2.6; (b) where a building permit has not been issued in respect of a lot(s) or block(s) shown on the Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser an enforceable covenant made directly with the Town by which such purchaser agrees with the Town, that prior to the issuance of a building permit for a building on the land in question, be will deliver to the Town, the Newcastle Hydro-Electric Commission, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Town, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefor is given to the Owner; F Page 36 (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Town to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credits required by this Agreement have been deposited with the Town and all letters of credit deposited with the Town are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is entered into by the prospective purchaser(s) as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and without limiting the generality of the foregoing, are subject to the provisions of paragraphs 4.12(5), 4.12(6) and Article 6 in respect of the obligations of subsequent owners; 4.10 Requirements tor Occupancy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respecting the issuance of any permit authorizing or permitting the occupancy of any building, the Owner shall not occupy or cause or permit any building on the said Lands to be occupied without the written permission of the Town (Cle "Occupancy Permit") ( having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: (a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received the application of the base course of asphalt, to the written satisfaction of the Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building bas been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable T.V., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and Page 37 connected to the written satisfaction of the Director, the Newcastle Hydro- Electric Commission or the authority or company having jurisdiction over such Utilities and Services, as is appropriate; (d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; (e) either the Owner's Engineer bas provided the Director with his written certification that the lot(s) or block(s), on which such building is located has been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to vary the requirements of the Grading and Drainage Plan with respect to the lot(s) or block(s) in question; and (f) the building has been finally inspected and approved pursuant to the Ontario Building Code Act, the Ontario Building Code and the Plumbing Code. (2) The Owner agrees with the Town that prior to the issuance of a "Temporary Occupancy Permit" referred to in Section 4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director of Planning, has confirmed, in writing to the Director of Planning, that the dwelling in question has been constructed in accordance with the approved "Final Noise Impact Study" referred to in paragraphs 4.12(4) and 4.12(8) of this Agreement. (3) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may bp. issued a "Temporary Occupancy Permit" to permit the occupancy of a dwelling in.~~~e event the Owner establishes to the satisfaction of the Director of Planning that it has not been able to comply with the requirements of paragraph 4.10(1)(e) by reason of seasonal, weather or other conditions which are considered by the Director of Planning, in his discretion, to be beyond the control of the Owner. Prior to the commencement of a permitted temporary occupancy of a dwelling, the Owner shall establish, to the satisfaction of the Director of Planning that the provisions of paragraphs 4.10(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall provide to the Town the written confirmation required by paragraphs 4.10(1)(e) within one (1) year from the date of the commencement of the temporary occupancy of the dwelling pursuant to a Temporary Occupancy Permit. Until such written certificate is provided to the Town, the Town may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. ,1 Page 38 4.11 ReQuirements rQr Park (1) Not later than the expiIy of the forty-five (45) day period following approval of draft Plan of Subdivision 18T -88046 pursuant to Section SO of the Planning Act, 1983, and in any event prior to the issuance of the Authorization to Commence Works pursuant to paragraph 5.10 of this Agreement, the Owner shall prepare and submit to the Director of Community Services for his approval a concept plan for the development of Blocks 338, 336 and 341 on draft Plan of Subdivision 18T -88046 which are called for the purposes of this Agreement, (the "West Bowmanville Parks"). The aforesaid master plan for the development of the West Bowmanville Parks is called the "Park Site Master Plan". The Park Site Master Plan shall show the location of all active and passive recreation areas, faci.1ities and equipment, pedestrian linkages between Squires Gate and the aforesaid Blocks as well as vegetation including trees, landscaping, accesses, adjacent proposed uses and such other features that are directed to be included in the Park Site Master Plan for the West Bowmanville Parks by the aforesaid Director by written notice given to the Owner. The West Bowmanville Parks include a tot lot which shall be constructed and installed by the Owner on Block 107 shown on the 10M Plan (the "Tot Lot") in accordance with the Park Site Master Plan and a major park (the "Major Park") which the Owner shall construct and instal on Blocks 336 and 341 on draft Plan of Subdivision 18T-88046 also in accordance with the Park Site Master Plan. (2) Not later than the expiIy of the forty-five (45) day period following the day on which the Director of Community Services gives written notice to the Owner that he has approved the Park Site Master Plan with any modifications thereto that the Director considers to be appropriate, the Owner will prepare and submit for the aforesaid Director's consideration and approval a detailed park layout plan, a play area layout plan, a grading plan, vegetation and tree planting plan, plumbing and irrigation plan, a plan providing for the construction and installation of other necessary services including drainage and electrical services, a furniture, equipment and fixtures plan, any necessary shop drawings, detailed specifications and a construction and installation schedule for and respecting the West Bowmanville Parks, all of which shall be prepared to standards and have a form and content satisfactory to the aforesaid Director. (These plans, drawings and specifications collectively are called the "Working Drawings and Specifications"). (3) The Owner shall not commence the construction and installation of the West Bowmanville Parks until the Director of Community Services has given the Owner written notice that he has approved the Working Drawings and Specifications, with or without such changes as the Director may require to be made to them or any of them. ---L Page 39 (4) Not later than the day preceding the day on which the Director of Community Services gives written notice to the Owner that he has approved the Working Drawings and Specifications and authorizes the Owner to commence construction and installation of the West Bowmanville Parks in accordance therewith, the Owner shall obtain the insurance required by paragraph 4.11(10) and deposit with the Town's Treasurer a certificate that such insurance has been obtained before such construction and installation is commenced. The Owner in good faith shall commence and proceed to complete each of the West Bowmanville Parks with reasonable expedition in accordance with the approved Working Drawings and Specifications so that the construction and installation of the West Bowmanville Parks will be completed no later than October 31, 1992 in the case of the Tot Lot and October 31, 1993 in the case of the Major Park. (5) The Owner agrees with the Town that at no time before or after the commencement of the construction and installation of the West Bowmanville Parks shall the Owner store or cause to permit any other person to store topsoil and/or building materials on any portion of Blocks 338, 336 and 341 on draft Plan of Subdivision 18T-88046. The Owner will keep the Blocks 336, 338 and 341 in clean condition at all times during the construction and installation of the West Bowmanville Parks and until it is accepted by the Town in accordance with paragraph 4.11(8). (6) The provisions of paragraphs 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 5.18, 5.20, 5.24, 5.25 and 5.26 of this Agreement shall apply in respect of the construction and installation, and the completion and acceptance of the West Bowmanville Parks, with all necessary changes to such paragraphs being considered to have been made to give effect to the intent of paragraph 4.11. (7) The Parties acknowledge that the current estimated cost of the construction and installation of the West Bowmanville Parks is five hundred and fifty-six thousand ($556,000.00) dollars. Prior to the issuance by the Town's Chief Building Official of a building permit for the first dwelling proposed to be constructed on any of the Lands within the Plan, the Owner shall deliver to the Town's Treasurer an unconditional and irrevocable letter of credit in the amount of seventy-four thousand ($74,000.00) dollars which shall be increased to the total amount of five hundred and fifty-six thousand ($556,000.00) prior to the Owner applying or suffering or permitting any other person to apply for a building permit for the one hundred and first (101st) dwelling unit proposed to be constructed on the Lands (the "Park Letter of Credit"). The Park Letter of Credit shall be issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act and acceptable to the Town's Treasurer. The Park Letter of Credit shall contain terms satisfactory to the Town's Treasurer. On the day following the day on which the Director of Community Services gives written notice to the Owner that the West Bowmanville Parks have been completed in accordance / Page 40 with the approved Working Drawings and Specifications, the amount secured by the Park Letter of Credit may be reduced to such lower amount as may be considered by the aforesaid Director, in consultation with the Town's Treasurer, to be sufficient to provide adequate security to the Town that the Performance Guarantee for the West Bowmanville Parks will be performed by the Owner from the date of the aforesaid notice of completion until written notice is given to the Owner that the West Bowmanville Parks has been accepted by the Town in accordance with paragraph 4.11(8). The Park Letter of Credit is deemed to be a Performance Guarantee and a Security for the Maintenance Guarantee for the West Bowmanville Parks for the purposes of this Agreement. (8) The Owner agrees with the Town that the West Bowmanville Parks shall not be accepted or deemed to be accepted by the Town until (1) the Director of Community Services has given the Owner written notice that the construction and installation of the West Bowmanville Parks in accordance with the approved Working Drawings and Specifications has been completed, and (2) after the later to expire of the components of the "Park Maintenance Guarantee" (as hereafter defined), to expire expires, the Town has given the Owner written notice that the Town has accepted the West Bowmanville Parks. (9) The Owner agrees to replace at its cost any vegetation or trees which die or deteriorate significantly in quality in the opinion of the Director of Community Services at any time during the period of one (1) year following the day on which the vegetation or trees in question are planted. In each case the replacement shall be installed as soon as is reasonably practicable after the aforesaid Director gives written notice to the Owner requiring it to do so. The Owner also agrees to correct any deficiencies or defects or defaults in respect of the installation of any fixtures, furniture, equipment, installations, and/or services which are or should have been constructed or installed by the Owner on the West Bowmanville Parks in accordance with the approved Working Drawings and Specifications and in respect of which the aforesaid Director gives the Owner written notice of a deficiency, defect or default, provided that a deficiency or defect shall be corrected or remedied by the Owner forthwith after written notice thereof is given to the Owner by the aforesaid Director. The Owner's responsibility to correct a deficiency or defect a fixture, furniture or equipment terminates one (1) year following the completion of the installation of the fixture, furniture or equipment in question. (The Owner's covenants under this paragraph 4.11(9) in respect of both its components of (1) vegetation and trees and (2) defects and deficiencies are called the "Park Maintenance Guarantee"). (10) With regard to insurance in respect of the construction and installation of the West BowmanvilIe Parks, the provisions of Schedule "1(" to this Agreement shall apply with all necessary changes thereto being considered to have been made to make them "' \~ ->------..--.. Page 41 applicable in respect of the construction and installation of the West Bowmanville Parks and the performance of the Park Maintenance Guarantee, provided that the aforesaid insurance shall be maintained until the director of Community Services gives the Owner written notice pursuant to paragraphs 4.11(8) that the Town has accepted the construction and installation of West Bowmanville Parks. (11) The provisions of Schedule "L" to this Agreement shall apply in respect of the construction and installation of the West Bowmanville Parks with any necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.11(11). (12) The Owner agrees with the Town that the construction and installation of the West Bowmanville Parks, with the exception of the plumbing, drainage and the irrigation systems, shall at all times be under the supervision of a qualified landscaped architect or qualified architect, approved by the Director of Community Services, who shall be retained by the Owner and who shall provide the aforesaid Director with his certificate that the West Bowmanville Parks has been constructed and installed in accordance with the approved Working Drawings and Specifications forthwith after he is of the opinion that the construction and installation of the West Bowmanville Parks has been so completed. (13) The design, construction and installation of the plumbing, drainage and irrigation system shall be under the supervision of the Owner's Engineer who shall provide the aforesaid Director with his certificate that the plumbing, drainage and irrigation systems of the West Bowmanville Parks have been completed in accordance with the approved Working Drawings and Specifications forthwith after he is of the opinion that they have been so completed. (14) The provisions of paragraphs 3.6, 3.7, 3.9, 3.10, 3.11 and 3.12 ofthis Agreement shall apply with the necessary cbanges thereto being considered to have been made to give effect to the intent of this paragraph 4.11(14). (15) The Parties hereto understand and agree that nothing contained in paragraph 4.11 shall constitute a covenant by the Town to pass or not to pass Development Charge By-law under the provisions of the Development Charges Act. The Owner agrees with the Town that the Owner will not take any step to seek an exemption from the Town's Development Charge By-law if passed, or to seek or claim a reduction of or a credit in respect of tbe amount of the development charge imposed by the By-law which in any way is based on the expenditures made or to be made or the Park Letter of Credit to be given by tbe Owner in respect of the West Bowmanville Parks. Without limiting the generality of the foregoing, tbe Owner further agrees with the Town that if the Town passes a Development Charge By-law applicable to tbe Lands Page 42 which comes into effect and the development charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the Act), that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to such By-law nor complain under the Act of the development charge imposed by the By-law, or the amount that the Owner or any other person will be required to pay in respect of development of tbe whole or any portion of the Lands on the ground that the cost of the West Bowmanville Parks has been provided by the Owner. or such cost has been provided for in this Agreement, has or has not been included in the development charge or that the development charge should have been imposed in respect of a different defined area(s) of the Town or the whole Town. 4.U Special Conditions (1) The Owner shall implement those noise control measures described in the "Final Noise Impact Study" (as hereafter defmed) and the Abatement Measures referred to in paragraph 4.12(4) (2) During construction on the Lands tbe Owner shall maintain fire access routes to the satisfaction of the Town's Fire Chief. (3) In cases in which the well or private water supply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. (4) The Owner shall implement the specific noise recommendations contained in the approved Final Noise Impact Study for Phase 1 of Plan of Subdivision 18T-88046 dated January, 1991 as prepared by G.M. Semas & Associates Ltd. (the "Final Noise Impact Study") including those specific items noted below: /' - Page 43 Summary of Recommended Abatement Measures Number Lot on 10M Plan Abatement Measures 1. 23 (lot 214, 18T -88046) 35L · (lot 202, 18T -88046) 37R .. (lot 200, 18T-88046) 37L · (lot 200, 18T -88046) 36 (lot 201, 18T-88046) Provisions for Central AIC Warning Oauses Nos. 1 and 2 2mm Single Glazing or any Standard Double Glazed Window 2. 2.4 Metre Noise Barrier Provision for Optional Central Air Conditioning Warning Clauses Nos. 1 and 2 2mm Single Glazing or any Standard Double Glazed Window The Owner acknowledges that a further noise report shall be submitted to the Region of Durham, The Town of Newcastle, and the Ministry of Environment for review and approval prepared in accordance with the Ministry of Environment guidelines which evaluates the impact of noise from the Canadian Pacific Railway and Regional Road No. 57 and recommends any necessary noise attention for each Subsequent Phase of the Development of the Lands. The approved noise attention measures of the additional noise report shall be implemented in each Subsequent Phase of the Development of the Lands. · L - Left side of Semi-detached Lot (from road) .. R - Right side of Semi-detached Lot (from road) (5) The following Warning Oause "1" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the Plan: Lots 23, 351., 37R, 37L and 36. "Purchasers are advised that noise levels due to increasing road traffic may be of concern, occasionally interfering with some activities of the dwelling occupants." (6) The following Warning Oause"2" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the Plan: Lots 23, 351., 37R, 37L and 36. Page 44 "'Ibis dwelling unit was fitted with a forced air beating system and ducting sized to accommodate a central air conditioning condenser unit. (NOTE: Care should be taken to ensure that the condenser unit is located in an area that is not sensitive to noise)". (7) The Owner shall comply with the provisions of Schedule "Q" and Schedule "VI hereto. (8) The Owner shall implement the recommendations contained in the Final Noise Impact Study. Without limiting the foregoing, the Owner shall: (a) construct two and four tenths of a (2.4/10) metre high acoustical noise barrier fencing on the relevant lots and blocks referred to in the Final Noise Impact Study; (b) place on title appropriate warning clauses for each of the lot(s) or block(s) in question in accordance with paragraphs 4.12(5) and 4.12(6); and (c) by implementing the construction techniques described in the Final Noise Impact Study, construct each dwelling in accordance with that Study. (9) Any deadends and/or open side of road(s) allowances shown on draft Plan of Subdivision 18T-88046 shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Town. Paragraphs 2.5 and 2.6 apply in respect of such transfers ".vith all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(9). (10) Prior to the issuance of a building permit for a dwelling proposed to be constructed on any of the lots referred to in paragraphs 4.12(4) and 4.12(8) the Owner shall provide its Acoustic Engineer's written certificate to the Director certifying that the builder's plans for the dwelling are in accordance with the Final Noise Impact Study. (11) The Owner shall reserve Block 332 on draft Plan of Subdivision 18T-88046 (Day Care Centre) for future development until such time as the Town is satisfied that tbe Lands are riot required for stormwater detention purposes. (12) The Owner shall reserve Blocks 342 to 347 inclusive on draft of Plan of Subdivision 18T-88046 for the railway underpass and agrees to address construction of said structure to the satisfaction of the Directors of Planning and Public Works. (13) The Owner agrees to reserve Lots 60 to 79 inclusive draft on Plan of Subdivision 18T-88046 to provide options for possible future development of a separate , ,. Page 45 elementary school site and access to a public park proposed as part of draft Plan of Subdivision 18T-900S0. The lots required for school purposes shall be reserved for a maximum of seven (7) years, during which time the Peterborough- Victoria- Northumberland and Newcastle Roman Catholic Separate School Board and the Owner may negotiate a purchase agreement. (14) The Owner agrees that Blocks 328 and 334 on draft Plan of Subdivision 18T-88046 shall not be developed until such time that the "CPR Underpass Work" (as hereafter defined) has been constructed to the satisfaction of the Director and a "Certificate of Completion" (as hereafter defined) issued in respect of it. ARTICLE 5 - PUBLIC WORKS 5.1 Town Works Required The Owner covenants and agrees with the Town, at the Owner's expense, to construct and install the facilities, services, works, improvements including oversizing of any of the foregoing and landscaping more particularly described in Schedules "0" and "P" hereto (which in this Agreement collectively are called the "Works"). From the date of the commencement of the construction and installation of the Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the maintenance of the Works including the cost thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Town. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other authority or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "H" in the area in which the said Lands are located which provides for the matters referred to in Schedule "W. 5.3 Owner's Eneineer . .. The Owner shall retain a Professional Civil Engineer, registered by the Association of Professional Engineers of Ontario (the "Owner's Engineer") who shall perform the duties set out in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the Director written notice of the name and address of the Owner's Engineer. The Parties acknowledge that O.M. Semas and Associates Ltd. has been retained as the Owner's Engineer. Page 46 5.4 Desip orWorks (1) The Owner covenants and agrees that the design of all the Works shall conform with the Town's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as required by this Agreement. (3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the Town any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.6 shall apply in respect of any such transfers of easements with all necessary changes to being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Town's Solicitor. At the time of delivery of each transfer of land to the Town, the Owner shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to the lands to which it applies. 5.5 Approval or En2ineerin~ Drawin~s Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of all necessary drawings of the Works (the "Engineering Drawings"). If construction and installation of the Works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for his reconsideration and approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. 5.6 Approval or Gradin~ and Draina~e Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an appropriate Plan showing thereon the .' ,~ 1 Page 47 existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and 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 (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. If construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be constructed and installed in accordance with it. 5.7 Sta~na or Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Public Works and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in accordance with such approved Staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public Works. The Staging Plan for the purposes of this Agreement is the Plan contained in Schedule "G-1" attached hereto provided tbat for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to time with the written approval of the Director.. 5.8 A1>proval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain the written approval of the Director of a draft schedule (the "Schedule of Works") which sets out the time at which, and the sequence in wbich, the Owner proposes to construct and install each of the Works, Utilities and Services which are required to be constructed and instaUed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the construction and . installation of the Works is to be staged in accordance with the Staging Plan, prior to the date of issuance of the Authorization to Commence Works for each stage provided in the Page 48 Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works, Utilities and Services in such stage in compliance with the approved Schedule of Works, and any amendment(s) thereto which may be approved by the Director. 53 Approval of Works Cost Estimates and State Cost Estimates Prior to the issuance of any Authorization to Commence Works, the estimated cost of construction and installation of the Works, (the 'Works Cost Estimates"), sball be approved by the Director and entered in Schedule "J" hereto. In addition, if a Staging Plan has been approved pursuant to paragraph 5.7, the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be approved by the Director and entered in Schedule "J" prior to the issuance of an Authorization to Commence Works in that stage. 5.10 Requirements for Authorization to Commence Works (1) The Owner shall not commence the construction or installation of any of the Works without tbe written permission of the Town, (the "Authorization to Commence Works"). The Owner shall only commence the construction and installation of those Works permitted by the Authorization to Commence Works. In addition to satisfying all the other requirements of this Agreement in respect thereof, an Authorization to Commence Works shall not be issued for any of the Works for which the Authorization is sought until the following conditions have been satisfied: (a) the final Plan of Subdivision of the Lands bas been approved by the Region pursuant to the Planning Act, 1983; (b) the final Plan of Subdivision of the Lands has been registered against the title to the Lands; (c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as registered against the title to the Lands; (2) a copy(s) of the registered Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; (d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2, 3.3, 3.4 and 5.28 of this Agreement; (e) the Owner has delivered the transfers of easements to the Town and has paid the required cash in accordance with paragraphs 2.4 and 2.7 of this <,;.,' Page 49 Agreement and the transfers have been registered against title to the appropriate portions of the Lands; (f) the Owner has delivered to the Town transfers of the lands and paid the required cash in accordance with paragraphs 2.5 and 2.6 of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Town letters signed on behalf of the Newcastle Hydro-Electric Commission, and/or other authority or company having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H' that satisfactory Agreement(s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained an Engineer in compliance with paragraph 5.3 of this Agreement and has confirmed the name and address of its Engineer to the Director in writing; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; G) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this Agreement; (k) the Owner bas received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; (I) the Owner has received the written approvals of the Director of Public Works and the Director of Planning of the Staging Plan as provided in paragraph 5.7 of this Agreement; (m) the Owner has received the written approval of the Director of the Schedule of Works as required by paragraph 5.8 of this Agreement; (n) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this Agreement; (0) the Owner has deposited with the Town the Performance Guarantee required by paragraph 3.6 and the other provisions of this Agreement and has made __1_ Page 50 all cash payments to and deposited all letters of credit with the Town as required by this Agreement; (P) the Owner bas deposited with the Town all policies of insurance or proof thereof required by paragraph 3.9 and Schedule "K." of this Agreement; (q) the Owner bas paid all costs required to be paid to the Town by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; (r) the Owner has made all payments to and deposited all letters of credit with the Town in respect of the External and/or Oversized Services that are required by paragraph 527 of this Agreement; (s) the Owner has deposited with the Director the Certificate(s) of Approval issued by the Ministry of the Environment with respect to the watermain, sanitary and storm sewers for which Authorization to Commence Works is sought; (t) the Owner has deposited with the Director a copy of the written approval of the Ministry of Natural Resources for site drainage and a soil erosion control plan that shows all proposed surface drainage works and describe the means to minimize on-site erosion and sedimentation, both during and after construction; (u) any proposed alterations to the existing watercourses have been approved by the Ministry of Natural Resources pursuant to the Lakes and Rivers Improvement Act and written confirmation thereof has been deposited with the Director; (v) prior to the commencement of site preparation of the Lands in question, the Owner has obtained the Central Lake Ontario Conservation Authority's approval of a one hundred (100) year storm overland flow routing for the Lands and has deposited with the Director written confirmation thereof; (w) prior to the commencement of site preparation of the Lands, including rough grading of road(s), the Owner bas obtained the Central Lake Ontario Conservation Authority's approval of sediment control and grading plans for the Lands and bas deposited with tbe Director written confirmation thereof; and l _ Page 51 (x) the Owner has deposited with the Director, the Owner's agreement to notify the lindsay Ministry of Natural Resources at least forty-eight (48) hours prior to the initiation of any grading, excavation or construction of Works or developments of the Lands. (2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (b), (i), (j), (k), (I), (m), (n), (0), (P), (q), (r) and (s) have been satisfied by the Owner. In such a case, however, a Certificate of Acceptance of the Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to the Lands and aU the other requirements of this Agreement respecting the issuance of a Certificate of Acceptance have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Town that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might have to compensation by or damages from the Town that he might otherwise have as a result of its construction and installation of any of the Works. S.ll Requirements for Commencement of Subsequent Stales of Works Notwithstanding any other provision of this Agreement, if the Director has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage defined in the Staging Plan. If the Town has issued an Authorization to Commence Works for a particular stage defined in the Staging Plan, an Authorization to Commence Works for any subsequent stage of the Staging Plan shall not be issued until: (a) the Stage Cost Estimates for such stage has been approved by the Director and entered in Schedule "J" hereto; and (b) the Owner has deposited with the Town the Performance Guarantee applying to the stage for which the Owner is seeking such Autborization to Commence Works. S.12 Inspection and Stop Work The Owner shall ensure that every contract that may be made by tbe Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Town may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders given by the Director pursuant to this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give - , Page 52 the Owner, if it does not retain a contractor, or if it does, the Owner's contractor, a written order to stop any work that is being undertaken if, in the Director's opinion, either the work is not being undertaken such that a completed construction and installation of the Works satisfactory to the Town in accordance with this Agreement will result, or if the Performance Guarantee required to be provided pursuant to this Agreement in respect of the Works is not maintained in good standing. The Owner and the Owner's contractor shall comply with the stop work order forthwith on it being given by the Director. 5.13 Construction in Accordance with EnlPneerine Drawinp (1) The Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "L". (2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and refuse until all Works contemplated by this Agreement including the "Storm Sewer Work" (as hereinafter defined) have been completed. After the expiry of twenty- four (24) hours following the giving of written notice requiring the Owner to do so, if the Owner has not performed its obligations under this paragraph 5.13(2), the Town may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the Owner written notice of the amount of the deduction in question. 5.14 Sequence of Constroction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefor set out in the Schedule of Works. 5.15 Completion TIme for Constroction of Works Within two (2) years of tbe date of the issuance of an Authorization to Commence Works, the Owner shall complete the construction and installation of all of the Works authorized in such Authorlziltion to Commence Works with the exception of the curbs, side~ final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting which may be completed later if done so in accordance with the provisions of the Schedule of Works. / Page 53 5.16 Minor Additional Work Until the conclusion of the Maintenance Guarantee Period referable thereto, if in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of any of the Works, the Owner, at its cost, shall co~truct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 Incomplete or Faulty Works and Uens (1) If, in the opinion of the Director, the Owner is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it will be completed within the time specified for such completion in the Schedule of Works, or if the Works are being improperly constructed or installed, or if the Owner neglects or abandons the said Works or any part of them before completion, or unreasonable delay occurs in the execution of the same, or for any other reason the Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Agreement, or the Owner neglects or refuses to reconstruct or reinstall any of the Works which may be rejected by the Director as defective, deficient or unsuitable, or the Owner in the opinion of the Director otherwise defaults in performance of this Agreement, then in any such case after receiving the authority of the Town Council, the Director may give the Owner notice in writing of such default, neglect, act or omission. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays, after the giving of such notice and the expiry of such additional period as may be specified in the notice given to the Owner by the Director, the Town, at the cost and expense of the Owner, may employ a contractor or such workmen and purchase such services, supplies and/or services as in the opinion of the Director are required for the proper completion of the Works in accordance with this Agreement In cases of an emergency, as determined by the Director in his discretion, any deficiency(s) or defect(s) in the Works, or any failure to complete the Works in accordance with this Agreement, may be corrected or remedied by the Town at the cost and expense of the Owner witbout prior notice to the Owner, provided that forthwith after the Town so acts, the Director shall give written notice to the Owner describing the emergency, the action taken by the Director, and the cost of correcting the deficiency or default in question. The cost of any work which the Town undertakes under this paragraph 5.17(1) shall be determined by the Director in his discretion and his decision shall be final. It is understood and agreed by the Parties that the cost for which the Owner is responsible under this paragraph 5.17(1) shall include a management fee to the Town either of thirty (30%) percent of the contractor's charges to the Town (including any charges for overhead and profit) or, if such work - ~---'- Page 54 is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town to complete the Works in question. The Owner shall reimburse the Town for the cost of all Works, and the cost of correcting or remedying all deficiencies, defects and defaults pursuant to this paragraph 5.17(1) which have been incurred by the Town forthwith after the Director gives the Owner written demand for payment of such cost. (2) In the event that any construction liens are filed under the Construction Lien Act, such filing(s) shall constitute a default in performance by the Owner of this Agreement. In any such case, the Director may notify the Owner in writing of such default. If the Owner fails to discharge the lien claimant within ten (10) business days, excluding Saturdays, after the giving of such notice, or within such further period of time as may be specified in the notice, then the Town may pay the full amount of the claim and costs into a Court of competent jurisdiction. The Town is hereby authorized by the Owner to draw on and appropriate the whole or any portion(s) of the Performance Guarantee to indemnify the Town against the costs and expense so incurred by the Town. In the event that the Town draws on and appropriates any portion of the Performance Guarantee to satisfy the claim of any one (1) or more construction lien claimants and costs, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this Agreement. .s.lS Entry for Emereency Repairs In addition to the Town's other rights under this Agreement, the Owner acknowledges and agrees that at any time and from time to time, employees or representatives of the Town who are authorized by the Director, or contractors retained by the Town may enter on the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairs sball not be deemed to be an acceptance of any of the Works by the Town, nor an assumption by the Town of any responsibility or liability in connection therewith, or a release by the Town of the Owner from any of its obligations under this Agreement. 5.19 Dama&e to Existin& Services Forthwith after written demand therefor is given by the Director to the Owner, the Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any property or services of the Town, the Region, or any utility authority or company or (the "Damaged Services") including witbout limiting the generality of the foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost ,...' '... r Page 55 of relocating any Damaged Services, caused by or resulting from the development of any one (1) or more portions of the Lands, or the construction or installation of any of the Works, provided that all such repairs and or relocation(s) are completed to the satisfaction of the Director, the Region and the relevant utility authority or company which owns or is responsible for the Works, property or services in question. In addition, the Owner agrees with the Town, at the Owner's cost, to relocate any of the Works constructed or installed pursuant to this Agreement. which are located in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway in question, forthwith after being given written notice by the Director requiring the Owner to undertake such relocation. 5.20 Dpms&e to Neiehbourine Wells (1) Prior to the commencement of and during the period of construction or installation of the Works, the Owner sball cause to be carried out, at its expense, the ground water monitoring program which has been approved by the Director pursuant to this paragrapb 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be prepared in draft form by a qualified hydrogeologist (the "Hydrogeologisttl) who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The draft Monitoring Program sball be submitted to the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the timing, form and addressees of the report of the Hydrogeologist's analyses and findings to the Town, as well as such other matters as the Director considers to be appropriate. After the draft Monitoring Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the "Monitoring Program" for the purposes of this Agreement. .. (2) For tbe duration of the Monitoring Program, the Owner, at its cost, shall cause the Hydrogeologist 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 tbey are prepared. For the duration of the Monitoring Program, the Owner also shall cause tbe Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to tbe Hydrogeologist by the Director, a alpy of all data conected and all analyses made in connection with or implementation of the Monitoring Program. Fortbwith following the completion of the Monitoring Program, the Owner shall 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 connection witb or in implementation Page 56 of the Monitoring Program which previously have not been provided to the Director pursuant to this paragraph 5.20(2), 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 Director by this paragraph 5.20(2), have been provided to him. In addition to the foregoing, the Owner shall cause 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. (3) If after considering a report thereon from the Director in this regard, Town Council determines tbat the well or private water supply of any person(s) 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 of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of the completion of dewatering), in the opinion of the Town Council, the Owner shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); or (b) where in the opinion of the Town Council the interference to a well or private water supply is of a long term duration, , at the option of the Owner and at its cost, the Owner shall connect the affected party's property to the Town water supply system or provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(s) prior to the interference, as may be required by the Town Council by written notice given to the Owner. (4) 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(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall 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 the Town 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 5.20(3), as the case may be. / Page 57 5.21 Use or Works by Town The Owner acknowledges and agrees that any of the Works may be used by the Town and such other person(s) who is (are) authorized by the Town for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Town and other person{s) authorized by the Town may enter upon the portiones) of the Lands on which the Works are located. .. 5.22 Maintenance or Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the said Lands is occupied, the Owner, at the Owner's cost, shall maintain each road(s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate .. access to all occupied buildings; and (c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain, to the satisfaction of the Director. (2) The Town agrees to snowplougb and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on bebalf of the Owner until the Certificate of Acceptance of such road(s) has been issued, provided that until the road(s) are assumed by the Town, the Owner shall pay to the Town one hundred (100%) percent of the costs of snowploughing and sanding such road (s), as determined by the Director, from time to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repairs or maintenance by the Town under paragraphs S.18, 5.19 or 5.22(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the approval or assumption by the Town of tbe road(s) in question. The road(s) I Page 58 sball not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Town Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the proper Land Registry Office. 5.23 Requlren"nts for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not be issued until: (a) 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 Engineering Drawings; and (b) the Town is satisfied in respect of the construction and installation of all of the Works authorized by sucb Authorization to Commence Works, that there are no outstanding construction lien claims for payment by contractors, subcontractors, suppliers of services or materials or workmen relating to the construction and installation of such Works. 5.24 Requirements for Certificate of Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director bas provided tbe Owner with written certificate that they have been accepted by the Town, ("tbe Certificate of Acceptance"). In addition to satisfying tbe other requirements of this Agreement respecting its issuance, a Certificate of Acceptance shall not be issued until all of the Works that are proposed to be covered by such Certificate of Acceptance 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 relevant period set out in paragraph 3.10(3) of this Agreement, all deficiencies and defects in the Works have been corrected by the Owner, and the Works should be accepted by the Town. I Page 59 5.25 Ownership of Works by Town For greater certainty, the Owner acknowledges and agrees that the Town is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph S.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to tbe Director and retained by the Owner at the Owner's expense has provided the Town with written confirmation tbat at a date not earlier than the end of the longest of the maintenance periods set out in paragraph 3.10(3) for any of the Works, he has found, placed or"~placed all standard iron bars shown on the registered final Plan of Subdivision of the Lands and has found, placed or replaced all survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction or road(s) on such Plan; and (c) Town Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the Owner in respect of the Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner's obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. Page 60 5.27 External Services (1) The following external services are defined and described in Schedule "0" or Schedule "P" hereto: . Regional Road 57 Sidewalk and Street Lighting (Schedule "P") . CPR Underpass Work (Schedule "P") . Oosing of Martin Road (Schedule "P") . Tributary Stormwater Management Works (Schedule "0"). They are referred to collectively in this Agreement as the "External Services". (2) The Owner shall construct, install and maintain each of the External Services in accordance with the provisions of this Agreement. The preliminary estimated cost of each of them is set out in Schedule "P". The Owner acknowledges and agrees that it will pay the total costs of each of the External Services. The Owner will not seek any credit or rebate of any part of the estimated or total costs thereof whether from or in respect of a charge imposed by a Development Charge By-law which the Town Council may pass pursuant to the Act, or in any other manner, or for any other reason. (3) The Owner further agrees with the Town that if the Town passes a Development Charge By-law applicable to the Lands which comes into effect and the development charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the Act), that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to. such by-law or complain under the Act of the development charge imposed by the By-law, or the amount that the Owner or any other person will be required to pay in respect of development of the whole or any portion of the Lands on the ground that the cost of any of the External Services referred to in paragraph 5.27(1) have been provided by the Owner, or such cost has been provided for in this Agreement, or has or has not been included in the development charge, or that the development charge should have been imposed in respect of a different defined area(s) of the Town or the whole Town. 5.28 Financial Contributions for Certain External Works On the execution of this Agreement, the Owner shall pay to the Town the sum of one hundred and twenty-six thousand, seven hundred and eight-six dollars and two cents ($126,786.02) as the Owner's share of the "Highway No.2 Sidewalk and Streetlighting Work" as defined and described in Schedule "P-l" hereto. The fourth sentence of paragraph 5.27(2) and paragraph 5.27(3) apply in respect of such payment with all ., '... ,__~_..__m_.__--.- Page 61 necessary changes to it being considered to have been made to give effect to the intent of this paragraph 5.28. 5.29 Seeuri~ lor CPR UndelJlass Work .. (1) With respect to the .CPR Underpass Work. (as hereafter defined), without derogating from the provisions of paragraph 527 of this Agreement, the Owner agrees at its cost to commence to construct this Work no later than the day on which an application is made for a building permit for a building which is or includes the 661st dwelling unit proposed to be constructed OD the Lands and to complete the same in accordance with the provisions of this Agreement. (2) The current estimated cost of the CPR Underpass Work is three million ($3,000,000.00) dollars (the "Starting Estimated Cost"). The parties acknowledge that on the execution of this Agreement the Owner's Engineer is preparing preliwinary engineering drawings and first revised Works Cost Estimates for this Work. The Owner shall submit the aforesaid preliminary engineering drawings and revised Works Cost Estimates to the Director for his consideration and, if appropriate, his approval DO later than the day on which the Owner applies or suffers or permits any person to apply for a building permit for four hundred and first (401st) dwelling unit proposed to be constructed on the Lands. The Parties acknowledge that the aforesaid revised Works Cost Estimates when approved by the Director (the "Revised Estimates") may estimate the cost of the CPR Underpass Work either at an amount equal to the Starting Estimated Cost or the "Adjusted Starting Estimated Cost" (as hereafter defined), as the case may be, or at an amount which is in excess of, or is less than the Starting Estimated Cost or the Adjusted Starting Estimated Cost whichever is applicable. On the day that the Director gives written notice to the Owner that he has approved the Revised Estimates, they shall be deemed to be substituted for the Starting Estimated Cost for the purposes of this Agreement. (3) The Starting Estimated Cost and when they are replaced the Revised Estimates shall be adjusted on the dates (the "Adjustment Date") specified in and in accordance with the Composite Southam Construction Cost Index (Ontario Series). (The Starting Estimated Cost and the Revised Estimates as so adjusted from time to time are called in this Agreement, the "Adjusted Starting Estimated Cost" and "Adjusted Revised Estimates". respectively). In the case of the Starting Estimated Cost, the first Adjustment Date on which the Adjusted Starting Estimated Cost shall be determined is the Adjustment Date which immediately follows the day as of which this Agreement is made. In the case of the Revised Estimates the first Adjustment Date on which the Adjusted Revised Estimates shall be determined is the Page 62 Adjustment Date which immediately follows the day on which the Director gives written notice to the Owner of his approval of the Revised Estimates. (4) No later than the day on which the Owner applies for a permit or suffers any person to apply for a building permit for the six hundred and sixty first (661st) dwelling unit proposed to be consuucted on the Lands, the Owner sbal1 submit to the Director for his consideration and if appropriate, his approval the second revised Works Cost Estimates for the CPR Underpass Work. The parties acknowledge that the second R.evised Works Cost Estimates after approval by the Director (the "Second Revised Estimates") may estimate the cost of the CPR Underpass Work at an amount equal to the Revised Estimates or the Adjusted Revised Estimates, or at an amount which is in excess of, or is less than the Revised Estimates or the Adjusted Revised Estimates, whichever is applicable. On the day that the Director gives written notice to the Owner that he has approved the Second Revised Estimates, they shall be deemed to be substituted for the Revised Estimates and the Adjusted Revised Estimates for the purposes of this Agreement (5) The Second Revised Estimates shall be adjusted on the Adjustment Dates (As so adjusted from time to time, they are called in this Agreement the "Adjusted Second Revised Estimates"). The first Adjustment Date on which the Adjusted Second Revised Estimates shall be determined is the Adjustment Date which immediately follows the day on which the Director gives written notice to the Owner of his approval of the Second Revised Estimates. (6) Notwithstanding any other provision of this Agreement, on the execution of this Agreement the Owner shall deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's Treasurer and containing terms satisfactory to the Town's Treasurer, in the amount of five hundred thousand (5500,000.00) dollars (the "Security Deposit") as security for its covenant to construct and maintain the CPR Underpass Work in accordance with this Agreement. Prior to the application for each of the following building permits for dwelling units proposed to be eonstructed on the Lands, the Owner shall increase the amount of the Security Deposit deposited with the Town's Treasurer as follows: IF STARTING ESTIMATED COST IS IN EFFECT Prior to Application for the Building Permit Which Is or Jnc1udes DweIlini Unit No. Required Increase in ~e SecuritY Deposit 133 U7 S 1,000,000.00 S 1,500,000.00 Page 63 401 535 661 $2,000,000.00 $2,500,000.00 $3,000,000.00 IF STARTING ESllMATED COST IS NOT IN EFFECf Prior to Application for the Building Permit Which Is or 1nc1)ldes Dwellins Unit No. Required Increase in the SecUljty De.posit 133 1/3 times the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect ~ times the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect 2/3 times amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect 267 401 . 535 5/6 times the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect 661 one hundred (100%) percent of the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect. (The required increases in the amount of the Security Deposit are called the "Required Increases in the Security Deposit"). (7) For greater certainty, if the Revised Estimates are in an amount that differs from the Starting Estimated Cost, or if the Second Revised Estimates are in an amount that differs . from the Revised Estimates or the Adjusted Revised Estimates, whichever is applicable, the amount of any such difference shall be distributed in equal parts among the aforesaid Required Increases in the Security Deposit which then remain to be paid. (8) Paragraph 5.27(3) shall apply in respect of the CPR Underpass Work and in respect of the payments provided for in paragraph 5.29 with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 5.29(8). Page 64 ~TlCLE' . COMPLIANCE wrm REGllLATlONS In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all Provincial regulations of general application and all by-laws of the Town and the Region. ~TlCLE 7 . RESPONSIBILITY OF SUB~EQUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each 10t(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its cost: <a) it shall be responsible for providing and maintaining adequate drainage of surface waters from such lot(s) or block(s) in accordance with the approved Lot Grading and Drainage Plans referred to in paragraph 5.6 herein; (b) it shall be responsible for compliance with the terms of paragraph 4.6 "Requirements for Building Permits" of this Agreement if, at the date of issuance of the Certificate for Release, a building permit bas not been issued for the lot(s) or block(s) in question; and (c) it shall be responsible for the maintenance of fencing required in Scbedule "0" and paragraph 4.12(4) of this Agreement. A}lTlCLE 8 . TIME OF ESSENCE Time is of the essence of this Agreement. ~TlCLE 9 . AUTHORITY TO MAKE AGREEMENT The Owner and the Mortgagee acknowledge and agree that the Town has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner and the Mortgagee as aforesaid. Page 65 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: We have the authority to bind the Bank. The name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out In Order-in-Council P .C. 1.99(). 2221, a copy of which is attached to instrument registered as No. 162641 on the 2nd day of November, 1990, in the Land Registl)' Office for the Land Registl)' Division of Newcastle (No. 10). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WEST BOWMANVILLE DEVELOPMENT LTD. . JII ~~ ame: TIt~e: k' W.l\l~~\.~tt ~ Name: TItler MARTIN ROAD H ame: . vJJll~v.. ~ :D4,t')~ U Name: 1~t:'!: ~/~~, Robert Louis Stevens <I ,;, Page 66 SCHEDULE "Aw 'DIIS SCHEDULE IS SCHEDULE "Aw to the Agreement which bas been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. J,.EGAL DESCRIPTION OF lANDS All and Singular that certain parcel of land and premises. situated, lying and being in the Town of Newcastle and the Regional Municipality of Durham, and being comprised of Part of Lots 15 and 16 in Concession Number 1 of the Geographic Township of Darlington, more particularly described as Part 1 on plans of survey deposited on record in the Land Registry Office for the Land Titles Division of Durbam (No. 40) (the "Land Registry Office") as Parts 1 on Plan 10R-2654, and Parts 1,2, 3, 4 on Plan 10R-3767. (~~ "l ~--_._-_....- . . Page 67 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "II" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town .- Newcastle, enacted and passed the 24th day of June, 1991. PLAN OF SUBDMSION (Insert reduction of Plan 18T -88046) .' b~ \. I tr( 0 "-J /.. ,I 1\1 r'-..' ~.. ~' , ". \~I : :i;;'-,-._._._~ ~~~ c~ : /.. ..- ,;;;tJ~wlrY CE"rp.~' _,~',,--''''d;tJ.) r~ ~....... i '1".-~: ~ . _.t::Jo --.___ l.... " .-......_~--=::-;-..' ,'. . - .' ..... ...~ . ~. CJ o~ '- ~ . . . .~. . .;....;......:.,;,!.!:$ '., ,'~. 'r' ::.~ . - . '. i. . . !:..!',...... ., '.~, \i;' vi:; ~ (). --- ....... Nft . --:.~ ,,_r.----.: '; ;.. (\/1 · . .. ,.. :;.0 .0 if' -- .:'-' . .'. .... T~-:-' .........~,;:"."i)~. \\ ~ .,.' ~, ,.)1.,' 1___..<: :! . 0 IT'-' '::'...:. '.. '-L:.,.~~:..~~~.CJ !':, ~ k>.:~~ ::9' ','-., ". ~I I"I=:'.~ .. 0 . -., ~ . "';".~'''''''' '" _: .... ~<.7 ..,~ Ii). I',. ;-.) IL ,,~ ,'''; I ,. -..\, --=....:-.... '~",.'r/h~l!i'!.',''' I · I. I ..., "" . ~ .\.~.,I.'JIli,>.. f.=' ~() I ~'. ..~ rL 'C I . . - " '" "... ..."tI&:..".r ' '::) iJ' I.... j"' ~ .-.....-^ .v..~ ....~.... r-_=== (...~.. ",. - . I: I~. ,~. 'II~J' , ..: , ~~~, j I i,'.. ~ '. . . 1 " , ~ ,~". > '.'HZ · "~,IS'" ,< I, ; . ~_~ f\]; ,." i .:." .~ w " ~ " ~ ~." j ~ "':" g;;;;;-_. ~ ..-- I / ,~."','t;::,,s.'o...... .~~/ :: f". AREA TABLE \ 10' I ',..!Cy ~. i '. I . RESlOEHlIAl. LOTS o.-4'PI '_ ~ ho:l D '~'~ ., .-. ., ."",.-an c,. ,.;t RES1tlEHnAl.RES[R'I{.....~~^......... '. I .. I'" tf1 ","'. / :'.':":'" ..- ,...,n I..... IlUlTlPLC fAMilY ""'~ 'i4.--> I ,',1(1 U L...J . : _ '- ~ ,..:-_./'" .... / ~...... ~ 4i'~L...I. '\ ON S'Rt[! fOWNHOuSU .,...~ 3.12 _, ~ p' ",,~_,_'''' APAR1\I[H1S ....._.... . u, : n' ,. r-P~' I ='_ .",," I/Illl!!I) U8 ' 0 .1 CWWCRClJoI ..... __ 0.31 I'I:J.' .. II .. '; '''M . I... ,',.. I,:,','. <<I'. ~. "..1~ ' 1I11l1COI C[HIR[ "... -... 02J ,1 1t.:J " '. II. .1..... . 1:1' ,. I.. } ....... {,:::'''rllo OAYCARE ClNTRE .... --..__ __ 0.21 . I I .,oj ,.. -...... .... .... I /,- ~-: .- -' . "ifJ. S(r:Ot"'..~.,. G8US8l ..........,.__ S.51 .. ., 1 ,.,.... . . --. '~~ ';~...1 'tl!IIEH1ARY SCHOOl .....--eIIII"._~ '\. \. ',,..." '::111 b.._ ~~ h, ' ~ ~ ~ ,,,.:'../1:> "~I' I(;~--:::!!!L. I."r-!!. 20 .\ . '~~ ." ">'. . .....~ -.,,\1\ ::;,;;.~ ' .... . - ~~..':II '~s/~=.:t-:.;l .. W't'1l> \ , .,. .... .. .~\ """"" ,....~~.~.. "~-"0: .: '>di.;.-,-' . l' ".:'l' ROAO RESERVE ....._INIdWl_ O.~9 '. \ ,;. .,,:.--~.... " a"",>>f'.~'" ,'...'~'.' \ ~ -~ .,~ -"j ROAOS.__.__,. .._....)> \ ~ ....... ,. '-"., ~:o'lS __;t.J' /',. ~-. :"\.~71;~r c: 0';) .....~....__.TOTAL-nm..:t \ \V,;;............",...... ,. [, .'~ :.-- - -~ ~ 1 ij_i~. l>~f' --~:'lII8 J . \. r 'II ".- / .......0:.' ~ I '~ ~""Io:~' C;.fi. -. ROADS ' ~~ ./ /.'..,. I I · - ' ~ pi ~. C /' .,;I -, r aoa<...._~_l!rI ~ I ,l 26ml"') R.O.W._....._ 4.~'h. ./1' , i' . ._....,..1 .~ ....\ ~ I .' ~.,;;;;. . 2Oml,n R.O.W.__~~4""t /'." .... \ · ' 1 .""'~ ~,/' .....hl[N1S ,.... ~ . f '.. :r,- - ~ : WIOfNms" O.3m RE5[R'I{S _.- ~ ,.f" I \ .... 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"" \'\.-:-:...--- jJ.". .~"'f...~.N) t:.r,'~"'-~....~~"'i'..f1;~\..i';"";).'"'! ~m IUtM:TOII'I<<IlfWICAfI J I \.... l~....:::-';\ ..SiNd.... ,,-\ ""'\~.~'. ,0, Ila~.ool-4-t-+-l}I.1 ,---..--..-..- .f\ I ~' ~ I . ... \ \ ' "~. '. '\-: '" ~ ~ "'~w '-LLLL.!...!..JL.L.L .__ ~ :"-:::'::.::.=",,:"'::-:-":'~':' . , ~ \ \ .j' . . " .... .... ~'t . f . ~--~' .. l'l1IJ~')'.r."~;ia"""'== . , _.... ....-. _...._.w......,,,.,,. . I ,. \ : ~, ".I \. .. .., ~' ~/,' f.......:: [-; ~ T-r~f-ir-rt:---' ~.J1..!....!,.1ll _It ~ 1*0 1111111 i " \ \ ...-- ~' .~.~, -- I.~ 'ol...J.hl-!",J;hc ' ,.., I 1Il - 9<,"'" j~"-'''''-- ';::.\.. '':-:';'- ~:";::~~'~"~~- ~'; I'.~"~,..~, .~-t.t~1tH.H~r-lJ'i: ~F~e-E:::- - ~ - - ~ \1:", . _1l\~t:'" . -, W \, .'. . ',J,' '~_' ~!....I_~/..O"&--, 1= ~<:! Ii I' . \. - }.. .1I.._ .V"~ ~~ " ~~;I .....;1" .,. '... ,--.W' 1;: ~ - _TION II , =.-:..., ;r::I=- - ~ h'- '), ? ~ ~ t. 1]i:;:T..ni'n'4..' '."1- ;:: 0 ..... -vow .._on... It .. -r'" il ..IIIllIUJ~~..'.'~~~~ ~,,'~~ V.,:',I-.f.II',:WJll.i-::. Cl!_===::':::':::"'_~ 1.1.' ...-"i~ "--:\:---':',\0" .~, 'C~"II"'!..JI~-_:1 ~.~q~ ~oo :"'.::.:....:'" .~_.-_.- ._._.I! fFrl ~ . "L"~","\ r~( ~:'.'\' \'.~~~ r/ ..', ". ~.~J~i:~ ~E~~ ,~, g' 1<< " 1 I , :::.1!l ~l \ ~ . '10 :::.~ I:::l~' ~. D~.:JI '_" t'- "''- ':--.: ' \ I . I-:'-~" . " ':!!"~':) l~.::~~~ ~ "0 .\1 [ I I.; ,(_ ., . ,. \.>> ,. ~,w:"~r. '1\1~ '.<:--=- ':.-1 . ,II' II~~~:B\ =\ IWC=':~)I\~~"~'O.Cl I I I =- ~ I ~.. , ,.. ~, '____\l~\---.: . D r '\ I I I ,:::: I, -;..! I n>' 1.',,1 J.," 1__-'-\1)\--:_. 0 . 0 ~ 18T..88046....,....,.. I. : I, I I I I I '...2.1 I . ..~,. \---,~~\,--_.. j 0 j l' . I I ""."" ~.,J....t=.* "'.........f .::B: ~:K,..,l \:---\':'.), '. 0 . <> "" . ': I ,... I I '.. {"i::;~"~1 !::P "I.l~. i.J ,f 1-/F: ,> i. g r~ . ~ I I. I I I I I I 4-! ::::':' I' . .......'" \ . / \ \" ~ . '- ~ l. I , '. { I ~ I ' \ . ,------- - .... I __.._ l J L J, ___1 ! . '!II I ,'i t -', .........', .......... J ..' t I ...'tIM 'a t ..n. \1 It I I 'I . t I tHH "'1\4. I I . '. _.--__~..._-_.__ .... I-W'" 11\ ' I ,.....J.\>; J. I ." I .:€\",! i "';:;'1 . . ..l...:. I'.., . .J' .~.... ..~~'t) j! r-...---(""rJr I .. . --I'<~""---'" ...............~- .. .~..__........ ...., ......-.'. :~-.,.~:::....._--~.!'. _-:''!t::!!!r_.---::'-l-:.:--E~::~'i'''''' -, -. - -,.::/.... ~ .. .n . rl!1 '. I -'" J "'e IllIAFf PLAN 01 'IIlIPOSID SIIIOIYlIION I'AIlT ., LOTS III . " CONeUSION , ::':I.: = :=:::- _ 01 ",WrAlIU .~""'Ill' IIlGlOIOAL _ICM'AUTY .1 OUIIHAlI Dt~" Ilt... s.......,.v " t ...-lww.oi.;-.nn:,. tl-I~ G0 Page6&- (Insert reduction of the 10M Plan For Phase 1 of the Development of the Lands) , Q \'- "\~\ ___--~~/ I /\.\r=---~ ---" I a.IlCK 117 \\ / ( ....--. - J / / '\ HARTWELr ~ / I ,~~~-=-/ ..... .. ..... ./ /16 LOT /'/ I // .~~ /~ i. \'/ \ \ \ \ II I I J I .... a ~ DUM. "t ............ LOT 15 \= \ .-. ~ / .' . .... . . ILOCIl 102 ........ .. .. CRESCENT . ~. I 2 ILOCIl . ~....... ; t IS CONCESSION II i . .... ...... : -- ..... .-. -- .. ... .- ..... . -- .. .... .- ... ., . - ... .... .... . ....... : - .. .. :: .- ..... - .. . .- :: :::1 . .- .. .. .... .. - . .. ... .- . .... : - ... ... ~= ..... ...- .. ... . ..... ...- .. .- ::: ::::1 . ..- .... ... .. - ... ... ... . ..... = - ... ... ... .--.. ..- .. lO. .... .n.... . .... ... .... ... .... . LUTTflEU. . .... ... ... -:: : :::: f .. - .. .... ! - ... .- :: i:::1 ....- - ........... -..- -= :: ;1:: .... "-I .- .. .... .... ....... . ..- .- ... ... ..... .. ,..r 'UN IOR- _7 . .- .. .... .... ...... : .- :: .... .... :::1 -- .... .... .- .. .- ... ... . i - =: .- ... :::: =: .- ... .. .- ... ..... .- ::: .... .... 5!ij 5UlI\/ElllIfS CERnFlCArE . .- :: .- ~ .- ... .- ... .... =: .- .... .a.... ..... D- ... ... ..... .- ... .... .. --... . _.....,............co.tct_.~ ........ .- .... ... -... ....- ........ iICI.... ..... IlIf.It Cf ... _ ......,.. ... i I: .... .... :: n... -- ..... :r: iiSI .- ::: - .- .... .. = ..... .... ~:: !I:: . ... ..... .. ~IM .. ..... .. ... - ... .- E! ... ... .- .... ll:: := ..- r..' .... .. !S ... =: ..a .: !I:I "".. - ... ,.. ... - .-. iI -- - ------------- ------.----.....-- :::. III Ji sl'n ... .. Ill","""" -.. -- --- ~I ..- ~I I I'i AI ,iI I I -_._~...-- .. -.. n_ 'I --=~ L - ~ .,....Ift ...... '., ~ ... COICIIIIOlt . BASE LINE fDO . CVrt'Wr ,"'" .... 1\"" ~ .. he L.Ue .....nrr omu f10lt floIl ...~ mw anr,._ " acwuan.&.... tOI A'. .... ..Oe..oca.C/IIt ItCh._..PU' ....___............ IiNJ IMI.." nc MGt"U rOA ,.UICIL._.......C,_....._...__.~ M.QMlItD CDIIIIIffS MilD .,.'lOWn ". .....,..... "'.. ~ .._____..._4 . -_....-.....--:--- ~ ; ... --........" ,...., ... ... ..., ....., ..... 11&'_"'_ ; jo-. 'LAII a 5UIIlllVlSIOH OF PART a: LDTS 15 AND 16 CONCESSION 1 t__J7__.CDlmJ7_, NOW IN lHE TOWN CJ' NEWCASTlE REGIONAl. MUNICIPALITY CE DUAtlAM 5CAlL 1'1000 , .. ..-.-- - oil\. IARNES UMIl1l).Ift' MET_ ....... ....... .......... _.._ .. CM . ........ . ..., "..... . ._ .~ NOTES ......... ....... _ MI ...... . .. l..-u .- ...... ..--.... .....,.,....... ......" .......-.. .. . ............ ....... -- . ..................... ~ - .............. ... .. :. == :-..-:..u - ......... ............ .. ...,. .......-...... ;. !. 0IiNSI'S carrlFl"'rE ........ .... . 't"ft:,:.=:-::=.~-::...c..:..:=~. ~~~":="4G~...c. . ~~--::~~.::.::::u.:;.-=_ aW'_fl... ............. "......,.... ................... llflllh___ ....... .... .... ...... ..-..... . - .......-" .. ........ .......... ., ...... .. "'-" ....... .... WEST IlClWMANV1IJ.l Il(VI:lDI'MfHll LTO ..Uii:it'....-.-..- MAIITIII ~ HOl.IIIHG$ ...~......._.- ........ .... ...... ID " .. ....... M. ..... -..... ,,-. C--,,_ ~_ ..... tit er_ ....... ......., .. ..n.ua "MCRfIIJ .. c......-., .. ..... ............, ., ..... - ..... ...... . ... ....., ..... __.., "_Il...- !. _.- ...... PM g j.U ~ES .--.... .......... I.MO _11ClN_ Pl'" r;,~. . ..... .... -.".. .............. .....f ...... ... F . ,. I --... .. .~........... 7( Page -69- SCHEDULE Ie" THIS SCHEDULE IS SCHEDULE IC" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. PlARGES AGAINST LANDS (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charges (paid prior to Execution) (paid prior to Execution) (Paid prior to Execution) , . 7;z. Page i<r SCHEDULE wD" 1HIS SCHEDULE IS SCHEDULE wD" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. J>EVELOPMENT LEVIES Without fettering in anyway the Town Council in the exercise of its discretion to pass a Development Charge By-Law under the Development Charges Act, 1989, which imposes a development charge as permitted by that Act in respect of the development of Lands in all or part of the Town including the Lands, after the date of this Agreement, the Owner agrees to pay to the Town amounts of money (the "Development Levies") calculated by multiplying two thousand, nine hundred and seventy-four ($2,974.00) dollars by the number of single family dwellings or semi-detached dwellings and by multiplying two thousand, seven hundred and thirty ($2,730.00) dollars by the nUmber of townhouse dwellings which the Owner proposes to construct on the Lands. The Owner shall make the following payments on account of Development Levies to the Town in the aggregate amount of six hundred and seven thousand, nine hundred and ninety-four ($607,994.00) dollars in respect of Phase I of the Development of the Lands consisting of fifty-five (55) single family dwellings, seventy-six (76) semi-detacbed dwelling units, and eighty (80) townhouse dwellings is payable on tbe occasions set out below: Phase I of the Develo,pment of the Lands (a) Twenty-five (25%) percent of the aggregate amount of Development Levies being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,998.50) on the execution of this Agreement. (b) Twenty-five (25%) percent of the aforesaid aggregate amount, being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,998.50) on the date of the issuance of the building permit for the first (1st) dwelling unit proposed to be constructed on the Lands. (c) Twenty-five (25%) percent of the aforesaid aggregate amount, being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,998.50) on the first (1st) anniversary of the earlier to occur of the date of issuance of the building permit for the first (1st) dwelling unit proposed to be constructed on the Lands, and on the date of issuance of the building permit for tbe one hundred and sixth (l06th) dwelling unit proposed to be constructed on the Lands. ,.~ If _m_____._----- 7} Page 7t' (d) The remainder of the aforesaid aggregate amount, being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($ 151,998.50), on the expiry of the twenty-four (24) month period commencing on the earlier to occur of the date of issuance of the building permit for the first (1st) dwelling unit to be constructed on the Lands, and on the date of issuance of the building permit for the one hundred and fifty-ninth (159th) dwelling unit proposed to be constructed on the Lands. Phase Subseq.uent to Phase I of the Devela,pment of the lAnds (a) Fifty (50%) percent of the aggregate amount of the Development Levies calculated in accordance with this Schedule "0" payable in respect of dwelling unit proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands are payable to the Town prior to the date of issuance of the building permit for the first (1st) dwelling unit proposed to be constructed in each such Phase. (b) Twenty-five (25%) percent of the aggregate amount of the Development Levies payable in respect of dwelling units proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands is payable on the first anniversary of the earlier to occur of the date of issuance of the first building permit for the construction of the first (1st) dwelling unit in each such Phase, and the date of issuance of the building permit for the construction of the dwelling which when combined with the building permits theretofore issued for dwelling units in that Phase comprises fifty-one (51%) percent of the total number of building permits that may be issued for the construction of dwelling units in the Phase in question. (c) Twenty-five (25%) percent of the aggregate amount of the Development Levies payable in respect of dwelling units proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands is payable on the expiry of the twenty-four (24) month period commencing on the earlier to occur of the date of issuance of the building permit for the construction of the first (1st) dwelling unit in each such Phase, and the date of issuance of the building permit for the construction of the dwelling unit which when combined with building permits theretofore issued for dwelling units permitted to be constructed in that Phase comprises seventy-six (76%) percent of the total number of building permits that may be issued for the construction of dwelling units in the Phase in question. " 7Lf Page :rr- Subject to the provisions of the Development Charges Act, 1989: (a) The Town shall review its schedule of Development Levies annually and may adjust the amount of the Development Levies herein in accordance therewith. (b) The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted Development Levies shall be applicable to alllot(s) or block(s) within the Plan for which Development Levies remain due. References in this Schedule "D" and in any other provision of this Agreement to "Development Levies" are to be construed to be references to the Development Levies required by the Owner pursuant to paragraph 3.4 of this Agreement and this Schedule "D". They are not to be construed to be or to include references to a development charge that may be imposed by a Development Charge By-law passed by the Town under the Development Charges Act, 1989. J 7~ Page ~ SCHEDULE "E" 11IIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. 'tRANSFERS OF EASEMENTS (1) On the execution of this Agreement, the Owner shall deliver to the Town transfers of the following easements: c) Storm sewer route Rear yard catchbasins and storm sewers Temporary rear yard catchbasin and storm sewer Rear yard catchbasins Parts 1 and 2 on Plan 40R Parts 3 and 4 on Plan 40R a) b) Part 8 on Plan 40R e) Channelization Works Parts 1, 2, 3, 4, S, 6, 7, 8, 9 and 10 on Plan 40R Part 2 on Plan 10R-4049 d) (2) Easements for the rear yard catchbasins and storm sewers, the storm sewer routes, the stormwater detention route and the channelization Works shall be perPetual in duration. The Director shall determine the duration of the easement for the temporary rear yard catchbasin and storm sewer. (3) The Owner shall transfer or cause to be transferred to the Town easements to accommodate any work provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings in lands located in a Phase Subsequent to Phase I of the Development of the Lands or beyond the limits of the Lands as may be required by and to the satisfaction of the Director by notice given in writing to the Owner prior to the registration against title of the 10M Plan of subdivision for the Phase in question. The Director shall determine the duration and terms of any such easements. The transfers shall be prepared by the Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Town's solicitor, shall be made for a nominal consideration, and shall be in registrable form. Prior to the registration of the transfer(s) of such easements against the title to the applicable lands, the Owner agrees with the Town that it will not require the issuance of bw1ding permits for the construction of buildings or structures on the portion of the Lands within the '.OM Plan of Subdivision in question. Paragraphs 2.4 and 2.6 shall apply in respect of an transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3). ~ ~.. :;,";: ~ ... LOT CONCESSION Nl_CU, .... ,'.'t.. ..- 102 BLOCk 101 VAl. MEADOWS CRESCENT I ( I , 5 co., .. . - -J - -\, g .. . 109 "f PUlH IOR- - .. -r.-~-- ... ------ --- ~~~ ~..::..~..-:::--~~- =~1'UlI or --- ~=D580AM)fMfCl'aoocs DO ~;..k~ IOM- A1<<J' fMfCl'~IN<<J =:'~RED Ft..':,A1<<Jf1IOI_......... ~'S IOM- lotHCJPjl~oo~ __ ,__ lIlIlHAU L" .. - - .........s \.1III1U.tMt - =~,...~"'f:'=':''''''''lf::I :::-::-;.~.:--c - ._. ...::':.~1":==:.:' i == ==.... t e a;:-- -- -_. ::=-.= .=-.: .. ..-- -... -....-=----::::::- C.tUfDI =:.:.:."::..~~- r ~ CO"Y'CAttS =:.:~.=.:..;= _. "11I- _. ...............-. ... ..-' :-:.-...-.-- - ::.:: '!~ . :=.:'=:-=':':~ -~- -...- -","-. - .......:.--.--.. - ..:.:r::--.::: g JD.~ .- ~~':..~ r.... ~.~~. . . i~::': ~...:..: .:. ... -:;.... . c--: .. ~S:~.: y:..::~. ~- " , L'. .. ~.:..-:,~. r"~.,: (.: . " .. ~ ~!~~~.. 'lo". . ~.. . r--~ t~\- p~~: ~. .: ~.:-... '. f..... -::... ~:. :;. .!,.. . f~:~' .,:,'." ~::- ~,; t.i/ ~~~:. t"':..' .~:. K.... ,;- ~:.. r:. . .' ~. . , - :; "" ~ '. ;~. ~~:. ~;" k ~ ,: f~ i:~' ~. ~~ ,- ~: .i . : f I . I j .j , I . ,. . . ! . ~ I - ' -,' ,. :. : , . , i ~ t:l 5 96/~85 '!I"",.tI .: ""'1 C-=-{-:l BLOCK 94 ..I j l ~ '- BONNY CASTLE 'TTTr '/'1' 4/_1' ~\\~O \\~G\r!;( ~... ~ ClW ~~ i~ r fLOCK 114 IIlMCI\. ...., .- - . ," " - '.'. ::- -' . :"- , -.. ". ..--' /"...., BLOCK I \ \, / '------~:;--------' ( ;:; \" 32133 1.-- l63\~' \ '\. ~ ---- 28 '" / 27 : I 25 i. // ~~~ ,,7 [PART 7 (PART!) I C ~ ~ ~ "\.s~ "'-....--L- ,- .... -L .",.. A ~ O'J. ~ \ IS ~ DRIVE ?r.-, ~: \ \ ~ / {-,._ ._ j 7 II \ ~\ ~~ ~ I" L:. \BLOCK 1137 \ 12 \ --1 r- .' .' .- w e~ .~ e~ .. e._ . . . . . . . . . '. ... . }!l- -- ~ I . PUll 10"'_7 .ell"" - I .......... -- '!'!!!:!!'1~~"'''1lI. ='~_4 _ .... """ u...... ._u. PlAN IOR- _ctllWfo MID CllNtlflD - ...... -- .. -~;:!.~:.:,-- tS.!t~;:; ......".,....~. ....~~ ".....If'.~.,. t > CXlMPIlE>> flUN ~ PART ~ lOTS 18;19.26.27. 92 AND 93 AND PART a: BLOCkS 'g;f.9.5 AND 96 AND I'LAJI f7 ~y 01' PART a: LOT 91 REGISTERED PlAN IOM- 1___01_"'_._,,_, teN tllllE TOWN a:- NEWCASTlE REGION41. MlMClPAUTY OF ~,., ~"_ ~ . J....... .....,...,... - ... _TAlC r:~-=.r~n:-:1.:--:'-;.*: 1rIOltS- r:! ~,v;:::= ~',!--:.r. t..... !::-: ...... ..... -- .... ....,.. ........ ........ "...... .tr:'fn ........ ... .. ........ ....... :::::: ::..:::=: l.":".. ........ --- :-:":''''''.:'' J..t-, .=-....~: ~..~~~:.=-:........ ._r,,, ........_'-... SJfM:_'S mnFltATD .. ....... ,......,- ......... ........ "...109 .... ..... ..... '" ... ....... 1IIWo\.~ .... --- ......,. ...... ..' ............... ... "...a. ._.__...... ... .". -.- -". __. .....:-:.1"_ .III....., . '...... ,...... :;'-.:"~~::-..:r...~...~~~!":"'" ~ M ... -.-.. ..~........... ...,. ..... ......... . - . . -~:. ~~.::.::'''-- ~ ).0. ~!!NE9 --J '-I --..ell. .f . _T, ~ . i ... a : , ! . ~ ~ i t I ~ .. I ...... ..' ..... ........:_.. . ....... ", '.' . ...',........... .' '. . ...... '.' 0.. ". .0"-' .... ,. ~ .: .~. '. . .' ..- .. . ~ ... ., ..., ",a" ... '441 ...CC4 It .t I"!wttlt ...tl. C.. .. CIIf\. f . .....MIQJI. I i 't .f ....T \ \ \ . \ ~ ~,.", . '\ ,d,_ \--- / ~- /'" -~ I ::=, 11" II'. ....." _.. Itt41 ,." ... Z -. ..&. ~I ~ pallT ......... '.0 "'4 .... - 'UIl .' .. . : ...fl" ... .._~.. . \" ,.......-. .w: c/o' .c i :- : , I i ~I hi :~: _ r _ ___ / I' . ._.....:... <- -:1.---., 'oO ,... .,t..." I , I ~ l .' / -, ,...... ~ .011 .. ,,., acc,.o.. ~ ~ .," & O~ <.J c.. . ...."....'0. .... o v .. - .. ',~ -..-. PLAN lOR- """ '''- "...... .. II ="'=~-=- ..~ Y.. .. . -- -~ _ -.1111 Al .....~...... ....... ....... ., .....u ... ..- -- ",....----.......... -.......... . .... .... -. ...oO.... _.. ..........-.- ............,................ ,.. ...-c-..c.--.- .... ......c_.._,... ..-.-. -..r._I\,M_..... "-"" OF -..n ~ MRT OF lOTS I~ oUIO 16 I CONCESSION I I - -",--........"'..- NON If TH:: TOWN CE ~ ' lI8lIONAL M.I<<:IfWJlY CF 0UftlAM .e'L r .. IODO 'L.-Jl. . 4. 0.. l.-.a ......<<0.. 1ft. ..,..,. ......... _.. f1L... _ 4'NU ... =:.::=. CollI.. .........,.,.. _ ........ ~ ~gr:='..==:-..:_~ ::::....--r . .......... ....... - . ........... --- .....- .. .....,.......... ... . ........... .. ..........._ . .............aa - ........ ........... .... ......... ......... .. ........ -............. - .....".. ....... ..... - ............ .... -- . ....... ..-......... .. ........- -..... .. ........... ......... . ...fl....-.- .. ........... _.... CAUTION ::: ~:r:. -..:;.:.-=--..... _\llYOfI'S ~lITlFte:" 11: ..-,_.. . .........,. .... ~ .... ...... -- ---- - .. ...... IC'I .. IloC ......... .,... I'C ............ ---- . .... ...-n ... --..... .. .. - -. -. .--~ .... P..':r1!:..~ ~~~ .. ---- --J ~ ~ JD.~ES ~ ........ ..- ---- ........ ~ .._-.~.. --10.*'" SCHEDULE "F" 7C1. Page *" 1HIS SCHEDULE IS SCHEDULE "F' to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID IN LIEU THEREOF (1) J}edication of Blocks on 10M Plan The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in fee simple absolute the following land now shown on the 10M Plan: (a) Blocks 113 to 118 inclusive (b) Block 107 (Block 338 on 18T-88046) 0.3 metre reserve Park and Parts 1 and 3 on Plan lOR-4049 now shown as Block 341 on draft Plan of Subdivision 18T-88046 for the purposes of the stormwater channelization and the "Stormwater Detention Work" (as hereafter defined) provided for in Schedule "G" hereto. (2) Dedication of Blocks on Plan 18T-88046 Prior to the registration of each final plan of subdivision which includes a Block or Blocks set out below now shown on draft Plan of Subdivision 18T-88046, the Block or Blocks so included shall be transferred by the Owner to the Town in fee simple absolute and paragraphs 2.5 and 2.6 shall apply with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3): (a) Block 337 on 18T.88046 (b) Block 341 on 18T-88046 (c) Block 336 on 18T.88046 (part 1 on 10R-4041) (d) Block 339 on 1ST-88046 (e) 0.3 metre reserve abutting the westerly limit on Street "A" on 1ST -88046 (f) 0.3 metre reserve along the westerly linUt of Street "F on 18T -88046 (g) 0.3 metre reserve along the westerly limit of Street flD" on 18T-88046 Walkway Open space Park Open space/Drainage area . . yO Page ~ (h) 0.3 metre reserve along the westerly limit of Street "e' on 18T.88046 (i) 3.0 metre road widening along the southerly limit of Block 341 on 1ST -88046 abutting Baseline Road (part 4 on 10R-4049) (j) 0.3 metre reserve abutting the southerly limit of lot 1 on IST-88046 (k) 0.3 metre reserve abutting Street "B" on 1ST -88046 between Blocks 296 and 29S on 1ST-88046 (1) 0.3 metre reserve along the southerly limit of Street "A" on 18T -88046 immediately abutting lot 167 to 172 inclusive all on (3) ,\dditional Required Dedications Without derogating from paragraph (2) of this Schedule "F', on each occasion, forthwith after the Director gives the Owner written notice that the Director is of the opinion that the additional land (the "Additional Required Dedication") identified in the notice is required to be transferred to the Town for the purpose of accommodating the Town of the Works referred to in Schedule "0" or any work provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings whether located on the Lands or beyond the limits of the Lands, the Owner shall transfer or cause to be transferred in fee simple absolute to the Town the Additional Required Dedication. Paragraphs 2.5 and 2.6 of this Agreement shall apply in respect of each additional Required Dedir.ation with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph (3). (4) Cash in Lieu of Lands for Park of Other Public Recreational Pur:poses The Parties acknowledge that the area of Blocks on the 10M Plan which the Owner is required to transfer to the Town for park or other public recreational purposes is less than five (5%) percent of the area of the Lands (the "Park Deficiency"). On the execution of the Agreement, the Owner shall pay to the Town as cash in lieu of the dedication to the Town of land equal in area to five (5%) percent of the full area of the Lands for park or other public recreational purposes, an amount which is equal to the actual value of the area of the Park Deficiency which the Owner and the Town hereby acknowledge and agree to have an area of seventy-one one hundredths (.71) of a hectare and an actual value of one hundred and fifty-seven thousand five hundred ($157,500.00) dollars. I ~I Page * SCHEDULE "G" 11fIS SCHEDULE IS SCHEDULE wG" to the Agreement which has been authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle, enacted and passed on the day of, 1991. WORKS REQUIRED L ~TORM SEWER SYSTEM The Owner shall construct, install and supervise the construction and installation of and maintain a storm drainage system, satisfactory to the Town, for the removal and disposal 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, any other appurtenances and oversizing as may be required in accordance with the Town's Design Criteria and Standard Drawings, (the "Storm Sewer System"). The Owner agrees to prepare Engineering Drawings for the Storm Sewer System to the satisfaction of the Director and to submit the same to the Director for his approval. The Owner agrees to obtain any easements required by the Director which are external to the said Lands at no expense to the Town for the disposal of storm water from the said Lands and transfer the same to the Town. Paragraphs 2.3 and 2.5 of this Agreement apply with all necessary changes to them being considered to have been made to give effect to tbe intent of this provision. 2. ROADWAYS The Owner shall construct and install the following services including any oversized services on the streets shown on the Plan as follows: (a) Pavement widths to be applied to the streets shown on the Engineering Drawings. (b) The grading and paving of all streets, including the installation of Granular "A" and Granular "Bft material to provide a proper base for paving, shall be in accordance .. _ with the Town's Design Criteria and Standard Drawings. ( c) The Owner shall construct curbs and gutters on both sides of all streets, in accordance with the Town's Design Criteria and Standard Drawings. . "fJ~ Page T1- (d) The Owner shall construct, install and maintain complete sidewalks shown on the approved Engineering Drawings in accordance with the Town's Design Criteria and Standard Drawings. (e) The Owner shall grade and pave all driveways between the curbs and sidewalks in accordance with the Town's Design Criteria and Standard Drawings and if sidewalks are not shown adjacent to any of the driveway(s) in question, the Owner shall grade and gravel such driveway(s) between the curbs and lots lines in accordance with the Town's Standard Drawings and Design Criteria. (f) The Owner shall construct, install, energize and maintain street lighting, in accordance with the Town's specifications on all streets and walkways and this Agreement, to the satisfaction of the Director. (g) The Owner shall install the topsoil and sod the boulevards between the curbs and the property line, in accordance with the Town's Design Criteria and Standard Drawings and the approved Landscaping Plan, to the satisfaction of the Director. (h) The Owner shall supply and install traffic signs and permanent street-name signs, in accordance with the Town's Design Criteria and Standard Drawings, to the satisfaction of the Director. 3. CONSERVATION WORKS In addition to the work requL.~~u by Schedule "Q", the Owner shall construct, install and maintain certain conservation works on the Lands including but not limited to retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatuses, in accordance with the approved Engineering Drawings. 4. LOT GRADING Forthwith following the Director giving the Owner written notice requiring it to do so, the Owner shall rough grade the Lands in accordance with the Tree Preservation Plan and the Grading and Drainage Plan, to the satisfaction of the Director. 5. lANDSCAPING (a) The Owner shall satisfy all landscaping requirements in respect of the roads and pedestrian walkways provided for in this Agreement and install noise fencing and fencing in accordance with the approved Landscaping Plan. " '.. .' -_._-,._~_._---- 1r3 Page~ (b) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist the tree and shrub planting requirements provided for in this Agreement in accordance with the approved Landscaping Plan. '- TRIBUTARY STORMWATER MANAGEMENT WORKS: INCLUSIVE WEST SIDE CREEK EROSION. CHANNELIZATION. DETENTION, WATER QUALI1Y ~ TEMPORARY EROSION CONTROL WORKS The Owner shall design, construct, install, supervise and maintain the stormwater ",8-nagement Works specified in the "West Side Creek Master Drainage Study", draft dated February 1991, prepared by G.M. Semas &. Associates Ltd. as finally approved by and on file with the Director of Public Works and Drawings Nos. SWM1, SWM2, SWM3, SWM4 and SWMS, Project No. 89149, prepared by G.M. Sernas &. Associates Ltd., drafts dated January, 1991 as finally approved by and on file with the Director. These Works include erosion protection channelization, water quality pond (the "Water Quality Works") the stormwater detention facility (the "Stormwater Detention Work"), oversizing, fencing and landscaping. In addition, these Works include all temporary erosion control works which are required to perform the Works. (Collectively, these Works are referred to as the "Tributary Stormwater Management Works".) The construction of the Tributary Stormwater Management Works shall comply with the provisions of the "Master Drainage Study" as amended by the additions of any of any contingency items and works deemed necessary by the Director and of which the Director has given the Owner notice in writing. The Owner agrees to obtain at the Owner's expense and on the date of execution of this Agreement to transfer to the Town any lands or easements considered necessary by the Director to accommodate the construction, implementation and/or maintenance of the Tributary Stormwater Management Works. Paragraphs 2.4, 2.5 and 2.6 of this Agreement apply in respect of such transfers with all necessary changes being considered to have been made to give effect to the intent of this provision. The Owner agrees to maintain at its cost the Tributary Stormwater Management Works, to the satisfaction of the Director of Public Works until the expiry of the relevant Maintenance Guarantee provision. The Works shall be maintained in a neat and tidy condition, compatible with the abutting land uses. The maintenance required includes but is not limited to items such as periodic grass cutting, control of noxious weeds, collection and disposal of litter and sediment and any maintenance works that may b~_ necessary to maintain the intended function and operation of these Works. " <o--t..( Page ::pJ- Forthwith after the Director gives the Owner written notice requiring Owner to do so, the Owner shall satisfy any requirements financial or otherwise are allocated or assigned to it i!1 the aforesaid "West Side Creek Master Drainage Study" for this watershed as approved by and on file with the Director, . 7. PEDESTRIAN WALKWAYS The Owner at its cost shall construct, install and maintain in accordance with this Agreement completed pedestrian walkways, including all boundary fencing and lighting, in accordance with the Engineering Drawings, the Town's Design Criteria and Standard Drawings and the Landscaping Plan. All such pedestrian walkways shall be: (i) paved or concrete from edge to edge; (ii) properly drained; (iii) fenced and screened; and (iv) extended to the curb of any intersecting street with provide appropriate curb cuts being provided at these locations. 8. TEMPORARY TURNING CIRCLE The Owner shall transfer ,to the Town an easement for the temporary turning circle required by the conditions of approval of the draft Plan of Subdivision 18T-88046. The Owner shall construct and maintain such temporary turning circle in accordance with the Town's Design Criteria and Standard Drawings to the satisfaction of the Director. On the termination of the easement for it, such temporary turning circle shalI be transferred by the Town for a nominal consideration to the Owner or to its successor or assign(s) who then own the lots on the 10M Plan which abut the easement area for the temporary turning circle. 9. f:XTERNAL WORKS AND/OR OVERSIZED WORKS a) Re&,onaI Road 57 Sidewalk and Streetliahtinl This Work is described on Drawing Nos. P-13 & P-14, project No. 89149 prepared by G.M. Semas & Associates Ltd., dated July 1991, as finalIy approved and on file with the Director. The Owner shall construct a 1.5 metre concrete sidewalk and streetlighting on the west side of Regional Road 57, from Candler Court northerly to Highway No.2 The sidewalk shall be installed in such a manner as to allow for urbanization of Regional Road S7 to the satisfaction of the Director of Public Works. The timing of the actual construction of these works shall be determined by the Director of Public Works. The timing of the actual construction of these works shall be determined by the Director. The Owner shall commence construction of , ~s-- Page -86 these Works prior to the expiry of the ninety day period commencing with the day on which the Director gives the Owner written notice requiring it to do so. b) Hip"'"" No.2 Sidewalk and Streetliptine The Owner shall enter into a cost sharing agreement with the Town for the construction of the sidewalks and streetlighting along Highway No.2 from Martin Road easterly to Roenigk Drive. It is understood that this sidewalk construction along Highway No. 2 will require the urbanization of Highway No. 2 to the satisfaction of the Director. c) CPR Under:pass Work The Owner shall design and construct the "CPR Underpass Work" (as hereafter defined) in accordance with Schedule "p" and the following. It shall satisfy the Ontario Highway Bridge Design Code and the Town's Design Criteria and Standard Drawings. The horizontal clear span of the underpass (between the faces of the abutment wall) shall be designed to accommodate the future travelled way, boulevards, sidewalks, any appurtenances and oversizing to the satisfaction of the Director. The Owner agrees to obtain at the Owner's expense and on the date of execution of this Agreement to transfer to the Town any land or easements considered necessary by the Director to accommodate the construction of the CPR Underpass Work. Paragraphs 2.4, 2.5 and 2.6 of this Agreement apply in respect of such transfers with all necessary changed to them being considered to bave been made to give effect to the intent of this provision. The Owner shall satisfy any requirements financial or otherwise forthwith in connection therewith after the Director gives the Owner written notice requiring the Owner to do so. d) Closine of Martin Road Work The Owner shall provide barricades, remove asphalt, fine grade, topsoil and sod from Regional Road S7 to the intersection of Prestonway Drive and Martin Road. ..... '-. " ?~ .,' ~. i: I , . l' ~'~ 4~.~~~~.i:l,;jE'~ 'I~;" .1.....'1.,.,.......:.. <~i~~~~~: 3' ~~ ..li-:~i\ .:;::~ I' :"(~;; :. ~'~:fig; ~:~:~ ~ .. :.. ~',. ~. '. it ' .i J \ L ,1..1 ".,t. .~" )':I'<~ ....~,.), J/.,~\.... ....,.! . \. ,: . "', 'f',:, .\ . \ \r'!...... . ! . I , ,-:' . :' I.:. ~. :' ~:'. ;'.. ,I ____ /.. -.;::'-"-':_- .: 1" ....;;: , " I '1 i . I '... ....,,~t-l r ':r:""~ ..'J . ,..~- #.,; .~... ~ 'M~, .. ~1'1' \, . .' .~.i! ~.' I V:;.. '. : .....-.--......--.....-..,.-...., ,,;I ~.... ." . .~~: :'" ;-.... . ~~. :\"':. ... . ',4 . "", ,.., ~ "1>0,.' ! ~'i. , ....... i- .~~. . .' , . l.illNQ. ::-~ :,.:;.;~: ~~ -=--- SANITARY SE ':~:.; - STORM SEWERS:. .~..~:\ - WATERIWNS ...f;' .:;..~., ; ,...... ':'" STORMWATER. ~. <..' . ;.... T '.1 IlE:T'ENTION '. .); " ". ....".,. '.. FAClL":,V . .", i.;l ---- C.P.R. CROSSING.. ,;;~ . _ ~AY Ha2 "'"& URBANIZATlON -'.'j ~ TEMPORARr . ..r~ CHANNELIZATION. ~;~3 WORI<S ..., --.... LMT 01' STAG( '~~~ .;3 . ~:;1 j :: J I '.;, , '1' ,.' \! .. . ,':" .'~ ... ~f! . , ; , , .1-1 7\...:}.... I/! I '\.;...: ',' li, . \ . . I : ....\ I. .. Q Il~::.-~::,::::; t ; f ~ i I '. . I " I .;! ,t.. \\. '~~-'" I 1. .., \ \.,~:,.~,.I \ " .. I. ., \ \ . \ ' \ f! ' .\.-....--:-- .~, .~..::;.....-- f . f :5:~-- r ... ',_ j:~ E~;-t ,,;~ , I .. \ , . , t I ~ "''- '; t ..... !. ~ I I 1 i ; , -! .; 't.~ --: !i '.i " .' , - · ~ r. . . , ..~ .. ..( ~:':..::./.ci'&;: ~ nru-u . . . . -. .... " .C/~.' :1' 'fEWCAST\..t lIlE~ """C"'LUTY 01' OU"'A'" "LOTI', IlOAD ..a.tIlNOS .f....~ t," . .... ., .. 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I + t i "_,,J.. · ~ ~ " · .. . !!:~~r ~_ . \., J 1 : l. .-: 2 '- .. 1 l} ~ \ \ ~ I I '. --. -. ..:':- .. -" -..".", . ? J \ \ ~ -:' """-----4 ..... : ::;..- iijliO" /_ ,\ ~ ~ ~ · ':' ":" .) '''-''~If-T ~ J 1\" .. a CA~D~E' r ~f _.~ ~ ,.\ \ ~ I f-- -- -- I j' :.1 i i .. "': : ...... LL . / ,~\ \. ~ \. :I ~..!:"'~-::...'."f-.. .-- I' ' I \ \ ...." ..., il~:~I! --: :'1- ~ f"::':'" \ _ _ .. .. .. . .. ..'.. ..": j~ tit t .. ~ An- J \ ~':3', u', "_CA~n. """'\ ~ ,,:. .~: :; ~:~ ~., ~i:~~g.. · · · 'I'~"" · .l)l~\Wt Y;~lrT~ I · ~ ~ -- \ " ~ i i :!'iUJ i-"".-jJ~;: ~\ _oarw. &OCIlN . .... ~l: -.-.. ~ ,...9 .t .v..."..... ...~ t:d .....;..;=.=:. =--:.. ~I ill".-.'- J., ....et ..., .. ..... --, '... .........01'.- VAIL IMeADOWS ('ftesccNT .... 1-- .. .. .. I ~ . ~ Il: J . I ; I ""'"""'" 10. -- '00 LOCA_ f$ Ml. [lllS.... /G _ _ U1U1'lCl ._ U1lU1I[S ......-0 10 OK ..- __ ..,.MCS. ..,1U PlltOR 10 _ -. I'Oll 'StM( wt. M CCIISU.1M11 ASSJICS NO ~rT rOl' nc: ..ecutOCT fIT 'I><< .__ f$ DIS1lNC U1UOl($ AS IOCAml <C$DIt...c. f ~ - Kcr "lAN SCAlE H. T. S. '- __ .. ;.(.t.; ~~ ..." ....~1l.I .......... . ...... ===~.::=-::::::.. ""'''.,. ..... ~-=:''=-'=-tlM:''''''''''- lNler)" t.w.. t "'" 1l[",S'OHS .... IltJCIIIfI1IIIl OAt( If I#I'ItCW[D , ........ . tit....... _" 6aM.... ." . _...Ill..... ....... _ ..... ... ... " ~"""'1.~_ -c_..., CORPORA noN ~ 1H( TOWN OF NEWCASllE - .... -- G.M.5emas sr==.~ ----~--. ....-:.--.. ~ === """'" .... 89149 XIU 1:'_ (J 'J DIIA-.c; .... ....* e'P: GdICIG> ft: a Y. OCOID ft "" .,~ aJt G-2 0..1(: WAJfOf ...~ <C~ Page -at SCHEDULE WfI" THIS SCHEDULE IS SCHEDULE "II" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. tmLITIES AND SERVICES REQUIRED L )!:LECI'RlCAL SlJPPLY 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 of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the Works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 4. GAS SUPPLY SYSTEM 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 " l., - - -- - ---- - ------------ - - --_._~~-_._...>'- y~ Page -82 gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. s. 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 distn'bution system to seIVe 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. 'f' . . qi) Page -fB SCHEDULE wI" lHIS SCHEDULE IS SCHEDULE wI" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. DlITIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirements of this Agreement, the Owner's Engineer shall prepare drafts of the following for the consideration and 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 or release the Owner or the Owner's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, or documents or from liability for any damage or loss caused or resulting directly or indirectly by tL:; Owner's Engineer. 2. REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer is hereby authorized by the Owner and 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> provide field layout including the provision of line and grade to the contractors and, where required, restaking; , ,. . t.. 4\ Page--84- (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; (d) provide co-ordination and scheduling of the construction and installation in accordance with the timiTlg provision contained herein and the requirements of the Director; (e) investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the as- constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation and make them available for examination by the Director as required by the Director. 5. PROVIDE PROGRESS REPORTS .. The Owner's Engineer shall provide the Director with reports on tbe progress of the construction and installation on a monthly basis, or at such other interval as approved by the Director. 6. rREPARE AS-CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare and submit as-constructed drawings required by the Director for the approval of the Director. " {c. SCHEDULE ".I" C;, Page 8S THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved By-law No. 91-11 of the Corporation of the Town of Newcastle, enacted and passed on the day of . WORKS COST ESTIMATES STAGE 1 1 STORM SEWER SYSTEM 2 ROADS - YEAR 1 3 ROADS - YEAR 2 4 STREET LANDSCAPING 5 STREETLIGHTING 6 FENCING 7 PARK DEVELOPMENT 8 STORMWATER MANAGEMENT WORKS 9 SILTATION CONTROL 10 GRADING (R.O.W & FUTURE LOTS) 11. REGIONAL ROAD 57 SIDEWALK AND STREETLIGHTING 12 CLOSURE OF MARTIN ROAD SUB-TOTAL 5% CONTINGENCIES SUB-TOTAL 10% ENGINEERING TOTAL ESTIMATED COST: TOTAL VALUE OF PERFORMANCE GUARANTEE FOR STAGE 1: SUBSEOUENT STAGE(S) $ 477,740.43 $ 332,850.11 $ 276,749.45 $ 63,000.00 $ 41,300.00 $ 27,285.00 $ 74,000.00 $ 341,511.90 $ 31,543.60 $ 35,400.00 $ 67,400.00 $ 13.500.00 $1,782,280.49 $ 89.114.02 $1,871,394.51 $ 187.139.45 $2,058,533.96 $2.058.533.96 (To be prepared in accordance with this Agreement.) The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. Whe~ the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Work Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost Estimates shall be used by the Director in requiring an adjustment in the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimates. 'l3 Page -86 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE wK" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. INSURANce REQIDRED 1. TYPES OF COVERAGE REQIDRED 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 Town's Treasurer and licensed in Ontario to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damage or claims for damage 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; (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; (c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may results from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (t) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Town or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. , ~'1 Page iff 2. AMOUNTS OF COVERAGE REOUlRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Town and shall provide the following m;n;mum coverages for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Town 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; (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or ''r (d) any storage, handling or use of explosives. .... ,~ /1 C-...; Page-88 SCHEDULE "L" THIS SCHEDULE IS SCHEDULE -Lw to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director permission to carry out the blasting operation. 2. JmMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purposes and such topsoil must remain within the limits of the said Lands. 3. DUMPING OF FILL OR DEBRIS The Owner shall not dump, or permit to be dumped, any fill or debris on the said Lands, or to remove or permit to be removed any fill from any land to be transferred to the Town, other than the roads within the limits of the said Lands, without tbe written consent of the Director. 4. DISPOSAL Of CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garbage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. 5. QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Town may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed on the direction of the Director. The costs of such tests sball be paid by the Owner. ..'- - . ?((; Page ~ ,. ~NANCE. CLOSING AND USE OF EXTERNAL ROADS During this Agreement. the Owner at all times shall 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, are maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain at all times, all such roads free of dust and mud originating from the said 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 shall not use or occupy any untravelled portion of any public road allowance without the prior written approval of the Town or authority having jurisdiction over such public road allowance. 7. MAINTENANCE OF INTERNAL ROADS Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall 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. Prior to the placement of -the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads on the Lands are ~sumed by the Town, the Owner shall maintain all internal roads in a condition acceptable to the Director, and shall ensure that sucb roads are free of dust and mud at all times to the satisfaction of the Director. 8. WEED AA'l> RAT CONTROL After tbe commencement of construction, the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. / ,l, . l. <;7 Page ~ SCHEDULE "M" nlIs SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table: LOT OR BLOCK NUMBER ON PLAN 18T-88046 PERMITIED LAND USE Lots 1 to 294, Blocks 295 to 341, In accordance witb By-law 84-63 as amended. Block 333, 334 Reserved for future development and to be maintained by the Owner until such development takes place. Blocks 301, 302, 303, 297, 296, 295, 298, 299 Reserved for future development in conjunction with adjacent lands and to be maintained by the Owner until development takes place. Block 332 Reserved for future development which shall not be undertaken until such time the Town is satisfied that the lands are not required for stormwater detention purposes. , , , . ( . Ct,'lT Page *" SCHEDULE "N" THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. JANDS UNSUITABLE FOR BIDLDING The Owner agrees that no application will be made for a building permit for the erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER ON PLAN 18T-88046 LAND USE 1) Lots 60 to 79 See paragraph 4.12 (13) 2) Blocks 342 to 347 See paragraph 4.12 (12) 3) Block 332 See paragraph 4.12 (11) and Schedule "M" 4) Blocks 301, 302, 303, 297, 296, 295, 298, 299 See Schedule "Mil S) Block 334 See Schedule "Mil 6) Lot 46 on 10M Plan (Lot 150 on 18T-88046) Lot 12 on 10M Plan (Lot 225 on 18T-88046) Lots 30, 31, 32, 33, 45, 46, 47, 48, 79 on 18T -88046 . The Owner shall not require building permits to be issued until the temporary turning circles for each respective street on Plan 18T-88046 have been removed as provided for in this Agreement and tbe work completed to the satisfaction of the Director of Public Works. , r Sq Page -9Z SCHEDULE "0" 1HIS SCHEDULE IS SCHEDULE .0" to the Agreement which bas been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LAND REQUIRING SITE PLAN APPROVAL The Owner agrees that DO 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 bas been entered into the Town pursuant to section 40 of the Planning Act, 1983, and the building permit complies in all respects with the terms of the site plan agreement. ~T OR BLOCK NUMBER ON PlAN 18T-88046 Block 304 ...................................... Multiple Family Block Blocks 327, 328, 329 .......... . . . . . . . . . . . . . . . . . . . . . .. Apartment Blocks Blocks 331, 330 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Commercial Blocks .. . . 1.00 Page~ SCHEDULE "P" 1HIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. 9VERSIZED AND/OR EXTERNAL SERVICES AND )tEIMBURSEMENT FOR OVERSIZED AND/OR EXTERNAL SERVICES 1. REGIONAL ROAD 57 SIDEWALK AND STREETLIGHTlNG WORK This Work (the "Regional Road S7 Sidewalk and Streetlighting Work") consists of the construction of sidewalk and streetlighting on the west side of Regional Road S7 from Candler Avenue northerly to Highway No.2. The sidewalk shall be installed in such a manner as to allow for urbanization of Regional Road 57 to the satisfaction of the Director of Public Works. More specifically, this Work includes the excavation, grading and construction of one point five (1.5) metre wide concrete sidewalk and the installation of streetlighting (the "Regional Road S7 Sidewalk and Streetlighting Work"). Preliminary Total Estimated Cost: Owner's Share: $67.400.00 567,400.00 2. ~PR UNDERPASS WORK This Work ("the CPR Underpass Work")consists of the construction, engineering, inspection, approvals and administration of the Canadian Pacific Railway underpass(the "CPR Underpass Work"). More specifically, this Work includes the components referred to in Schedule "0" and the structure, roadway approaches, setvices, streetlighting, all necessary civil, mechanical and electric works as required by the Director. Starting Estimated Cost: Owner's Share: 53,000,000.00 53,000,000.00 3. CLOSING OF MARTIN ROAD WORK This Work (the "Closing of Martin Road Work") consists of providing barricades, removing asphalt, fine grade, topsoil, sod and perfornpng any work necessitated with the closing of Martin Road from Regional Road 57 to the ., intersection of Prestonway Drive with Martin Road (the "Cosing of Martin Road Work"). " ,~ -.--------.------...... _..~ - - - --- -- - ~....'-~~:.._..__.----- . . Preliminary Estimated Cost: Owner's Share of Costs: J tl r Page ~ $13,500.00 $13,500.00 4. TRIBUTARY ~TORMWATER MANAGEMENT WORKS Preliminary Estimated Cost: Owner's Share: $341,511.90 $341,511.90 I . , Itf)~ Page ~ SCHEDULE "P_I" THIS SCHEDULE IS SCHEDULE "P-l- to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. FINANCIAL CONTRIB1ITIONS FOR CERTAIN EXTERNAL WORKS (1) HIGH\VAY NO.2 SIDEWALK AND STREETLIGHTING WORK This Work (the "Highway No.2 Sidewalk and Streetlighting Work") consists of the following: a) construction of a concrete sidewalk on the south side of Highway No.2 from Martin Road easterly to Roenigk Drive. More specifically, this work includes the excavation, grading and construction of one point five (1.5) metre (5 foot) wide concrete sidewalk; b) installation of streetlighting. Preliminary Estimated Cost: Owner's Share: $275,000.00 $126,786.02 " j (03 Page-%- SCHEDULE -0" 1lIIS SCHEDULE IS SCHEDULE -Q" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. CONSERVATION AUTHORITY'S WORKS 1. Prior to the commencement of a site preparation, including any filling, grading, construction or alteration to a watercourse, the Owner shall obtain Central Lake Ontario Conservation Authority (C.L.O.CA.), approval of: a) site grading plans which indicat~ l00-year storm overland flow routing for the site and erosion/sediment control devices to be employed during the site development phases(s); and b) engineering details for all flood, erosion and water quality control measures to be constructed on site. 2. The Owner shall acquire all necessary easements to accommodate post-development stormwater runoff from and through the site to the satisfaction of the Central Lake Ontario Conservation Authority. 3. The Owner shall prepare and submit a Master Drainage Plan for the West Side Creek, to the Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and the Town of Newcastle for their review and approval. 4. The Owner shall carry-out or case to be carried-out to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, sedimentation control and major overland flow routing; and ii) the requirements of the West Side Creek Master Drainage Plan as they pertain to this site. , 101 Page-W SCHEDULE -It" THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ENGINEERING AND INSPECTION FEES Estimated Costs of Works &ti Up to $100,000.00 4% to a maximum of $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater 5500s000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater 51,000,000.00 to $2,000,000.00 $30,000.00 or 2.S0% of the estimated cost of services - whichever is greater $2s0oo,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater 53,000,000.00 to $4,000,000.00 567,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineenng 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 Region services. The payment of the Engineering and Inspection fees to the Town are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Town. The aforesaid amount is to be paid prior to issuance of the Authorization to Commence Works for each stage shown on tbe Staging Plan. , . It:) <(' Page .09&- SCHEDULE "S" THIS SCHEDULE IS SCHEDULE "s" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REGION'S CONDmONS OF APPROVAL CONDmONS OF DRAFT APPROVAL DATED FEBRUARY 21.1991 1. That this approval applies to draft plan of subdivision 18T-86046, prepared by Design Plan Services Ine., identified as drawing number B-8725f3-29, dated (revised) August 2, 1990, which further revised in red and dated February 8, 1991 as per the attached plan, illustrating 209 lots for single family dwellings, 85 lots for 170 semi-detached dwelling units, 138 lots for street townhouse units, a multiple family residential bock (90 units), 3 residential apartment blocks (282 units) and various blocks for commercial, medical centre, day care centre, public elementary school, neighbourhood parks, open space, walkway, road reserve and future development. 2. That the Owner shall dedicate the road allowances included in this draft plan as public highways. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Town of Newcastle. 4. That the Owner shall dedicate a 3.05 metre road widening across the total frontage of the plan on Martin Road (Regional Road No. 57) as public highway(s). S. That the Owner shall adjust all cul-de-sac radii to 18.25 metres as required by the Town of Newcastle. 6. That the Owner shall dedicate a 0.305 metre reserve across the total frontage of the plan abutting Martin Road (Regional Road No. S7) as widened, to the Region of Durham. 7. That where required by the Town of Newcastle, the owner shall convey 0.3 metre reserves to terminate any dead ends and/or open sides of road allowances created by this draft plan to the Town of Newcastle. "- ,~ , '. ' . . 8. 9. 10. 11. 106 Page 99- That the Owner shall dedicate S.Om x I3.0m sight triangles at the northwest and southwest comers of Street "A" and Street "H" and Regional Road No. 57 as widened, to the Region of Durham. That the Owner shall dedicate Block 337 to the Town of Newcastle as public walkway. That the Owner shall convey land to the Town of Newcastle for park or other public recreational purposes in accordance with the Planning Act, as amended. Alternatively, the municipality may accept cash-in-lieu of such conveyance. That the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 12. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Town of Newcastle in accordance with The Planning Act 1983, as amended. 13. That the Zoning By-law referred to in Condition 12 shall provide for a IJlinimum setback of 30 metres from the C.P. Rail right-of-way for residential dwellings. A non-habitable building such as a garage may be built closer. 14. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Town of Newcastle for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to tiw.~. 1S. That the Owner sball retain a qualified landscape architect to prepare and submit a Park Site Master Plan to the Town of Newcastle for review and approval. The Master. Plan is to include Blocks 335, 336 and 341 and shall provide pedestrian linkages between Squires Gate Drive and the said block. The Plan shall reflect the design standard of the Town as amended from time to time. 16. That the Owner shall prepare such drainage and lot grading plans as required by the Town of Newcastle. This shall include a Master Drainage and Lot Grading Plan and a Master Drainage Study for lands affected by this plan. 17. That tbe Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Town of Newcastle for review and approval. r I (07 Page 1:6(J 18. That the Owner shall agree to reserve Block 332 (Day Care Centre) for future development until such time as the Town of Newcastle is satisfied that the lands are not required for stormwater detention. 19. That the Owner shall agree to reserve Blocks 342 to 347 for railway underpass and to address construction to the satisfaction of the Town of Newcastle. 20. Prior to the commencement of a site preparation, including any :filling, grading, construction or alteration to a watercourse, the Owner shall obtain Central Lake Ontario Conservation Authority (C.LO.CA), approval of: a) site grading plans which indicate 100-year storm overland flow routing for the site and erosion/sediment control devices to be employed during the site development pbases(s); and b) engineering details for all flood, erosion and water quality control measures to be constructed on site. 21. The Owner shall acquire all necessary easements to accommodate post-development stormwater runoff from and through the site to the satisfaction of the Central Lake Ontario Conservation Authority. 22. The Owner shall prepare and submit a Master Drainage Plan for the West Side Creek, to the Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and th~.rown of Newcastle for their review and approval. 23. That the 12.0 metre "open space/drainage area", identified as Block 339 on the revised plan be dedicated to the Town of Newcastle. 24. That the Owner shall submit to the Region of Durham, the Town of Newcastle and the Ministry of the Environment for review and approval a revised noise report prepared in accordance with Ministry of the Environment guidelines, which re- evaluates the impact of noise from Canadian Pacific Railway and Regional Road No. S7 and recommends any necessary noise attenuation measures. The approved noise attenuation measures shall be implemented through the subdivision agreement of the Town of Newcastle, which is registered on title, and shall include any required warning clauses identified in the acoustic report. A copy of the executed agreement shall be provided to the Region of Durham and tbe Ministry of the Environment to facilitate clearance of this condition. 25. That the Owner shall agree in the Town of Newcastle subdivision agreement to reserve Block 33S for elementary school purposes for a maximum period of seven _ ____L__~ lor;: Page Wi- (7) years, during which time the Northumberland and Newcastle Board of Education and the Owner may negotiate a purchase agreement. 26. That the Owner shall agree in the Town of Newcastle Subdivision Agreement to reserve lots 60 to 79 to provide options for possible future development of a separate elementary school site and access to a public park proposed as part of plan of subdivision 18T-900s0. The lots required for school purposes shall be reserved for a maximum of (7) seven years, during which time the Peterborougb-Victoria- Northumberland and Newcastle Roman Catholic Separate School Soard and the Owner may negotiate a purchase agreement. 27. That the Owner shall obtain the approval of C.P. Rail for any proposed utilities under or over Canadian Pacific Railway property to serve the development prior to installation. 28. That the Owner shall ,obtain the approval of the C.P. Rail for any increase or change in direction of natural drainage affecting Railway property. 29. That the Owner shall submit for the review and approval of C.P. Rail and the Town of Newcastle a report which investigates ground vibration transmission and, if necessary, recommends methods to ensure the protection of dwellings within 75 metres of the nearest track. 30. 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 this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, rmandaI and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durbam, and are to be completed prior to final approval of this plan. 31. That prior to entering into a subdivision agreement, tbe Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plan capacities are available to the proposed subdivision. 32. That the Owner shall agree in the Region of Durham subdivision agreement to reserve Block 333 for a potential GO Transit station for a maximum period of ten (10) years. The agreement shall provide for the release of any portion of Block 333 the Region deems to be surplus for GO transit station needs during this time period. I t) c, Page -i6Z 33. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Town of Newcastle concerning the provision and installation of roads, services, drainage and other local services. 34. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the owner and the Region concerning the provision and installation of sanitary sewers, water supply, road and other regional services. 3S. That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, sedimentation control and major overland flow routing; and il) the requirements of the West Side Creek Master Drainage Plan as they pertain to this site. b) That the Owner shall carry-out or cause to be carried-out to the satisfaction of the Ministry of natural Resources, the recommendations contained in the storm water management, sedimentation and erosion control plans required in Condition 22. c) That the Owner shall maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. d) That the Owner shall notify the l1ndsay Ministry of Natural Resources office at least 48 hours prior to the initiation of anyon-site development. e) That it be registered on the title of all properties within 300 metres of the Canadian Pacific Railway right-of-way, that the Owner and future Owners are . fully aware of the Railway's presence and also that the Railway will not take I i. I, /(0 Page lffi" responsibility for complaints as a result of noise, vibration, air quality, etc., generated by present and/or future operations. 'f) That the Owner agrees to construct a 1.83 metre high chain-link fence along the common property line with the Canadian Pacific Railway and the development, and agrees to include a covenant running with the land, in all deeds, obliging the purchasers of the land to maintain the fence in satisfactory condition at their expense. g) That the Owner agrees to install a berm or combination berm and noise attenuation fence as required by Canadian Pacific Railway, having a total height of not less than S.S metres above the top of the rail, on private property adjacent to the railway. The berm must have a minimum height of 2.S metres. h) That the Owner agrees that in accordance witb the terms of the Lakes and Rivers Improvement Act, no damming, dredging or other alterations will be carried out on the Westside Creek without prior written authorization from the Ministry of Natural Resources. i) That the Owner agrees to implement those ground vibration control measures as recommended in the vibration report as required in Condition 29. 36. That prior to final approval of this plan for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: a) The Town of Newcastle, how Conditions 1, 2, 3, S, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 29 and 33 have been satisfied; b) The Central Lake Ontario Conservation Authority, how Conditions 20, 21, 22 and 35 a) have been satisfied; c) the ministry of the Environment, how condition 24 has been satisfied; d) the Northumberland and Newcastle Board of Education, how Condition 25 has been satisfied; e) the Peterborough-Victoria-Northumberland and Newcastle Separate School Board, how Condition 26 has been satisfied; f) the CP Rail, how Conditions 27, 28, 29, 3S e), 3S f), 35 g) and 3S i), have been satisfied; and / 1., , 1, p! Page ~ g) the Ministry of Natural Resources, how Conditions 22, 35 b), 35 c), 35 d) and 3S h) have been satisfied. AMENDMENT OF CONDmONS OF DRAFr APPROVAL DATED APRIL 16. 1991 Condition 1 is amended to incorporate the date, Residential ReselVe-Block 301 was expanded to include an additional residential property (supporting a single family dwelling) fronting onto Regional Road S7 (Martin Road). Condition 1 now reads as follows: "1. That this approval applies to draft plan of subdivision 18T-88046, prepared by Design Plan Services Inc., identified as drawing number B-8725/3-29, dated (Revised) August 2, 1990, which is further revised in red and dated April 10, 1991 as per the attached plan, illustrating 209 lots for single family detached dwellings, 8S lots for 170 semi-detached units, 138 lots for street townhouse units, a multiple family residential block (90 units), 3 residential apartment blocks (282 units) and various blocks for commercial, medical centre, day care centre, public elementary school, neighbourhood parks, open space, walkway, road reserve, residential reserve and future development." "' , -. ), ,/ J I ~ Page-t.e5- SCHEDULE T THIS SCHEDULE IS SCHEDULE .... to the Agreement which has been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ,..mE PRESERVATION PIAN (See attached Plan) .~ ('1\ ,; .//. /.,./ 'v..... /./. ./. /- // /./. /-/- /. /' ~ ///'/ /r/ .....~ /-/. /- /' /' /' ././ /- / //- // if.. /<' /' ..:~ /' \ //- ~.." -I'" \ /- \,,/ , /- (.. - /,/ \. _I'" ./' \ ,./' // \ /,/' /,/ \ // _I'" \. _ r--'--' / /~,. \ \ i .// ' ,.('- \. \ ,/,.A./ \ \ \ \ /' ,/'/ \. \. \. /./t" \. \. \ 0-' / /' \\. \./ \.\\)-~ ,./' //. \. \ \ /./ /.~...'. \ \'y~ ",' \ \" .Y' .......< /'\ \\ ;......; .~ ,. . ./ \./ .....-"\\ ~ _'-""1 1 !-' .-( \ . \ .-/ \./.\ /1! i ! r- \ \, \ \ - ----/ ~// \-;':=--i ''::_1 : i I \\\ \.'y/.J.- _.~---r"!'-1"--'//' Q t:-.--i -_.-.~. 'irL-.~-. \. " / \ ~._._~ ~._.-. I \, '. /. /' /' \ ~._-_.-l 1------ . 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I I i !!! i i r-.---t--.l...-L.....i._L. r--'-'i i ~.-.-.J I l..__.1..._.-----.-I1 rr-- "T 1---4 ~'--'i 'T-o'--",' i i ! ! ! ! ~ --...,.~ --- ... -- --_.~........... ~ ~"O''''.AUlXIAJSI.J'Il _--=n _At.~... ~ ~ 1-0;. _;:r..... I ....." ,.,.......... :-u-..... 91002 - Lt. J: .- ~ - I r- l_ 1 I . ----1 l--- ~ I j t--~ L_~ i .! r---i r---~ ------J I - __._ J l.-- - j l---~ I . --_._~ '___..i r \ --'" -- \ ~--T-1-\ i i \ \ . . I I ! . ./ \.'-,.---.-.-----------------1 - /-- - -----,---,,)) - / - \ ! '. --------- ~.- - J I --- --/ -'--------- - --- ./ i -----.- i i I I I I l-r-,.-...----.--,-~.,..,_!__t i i i i i i i i ! ! ! I i i i i ! ! i ! ! I ! ) .L.L....L..-L_--1.~_I_..L_.J......._..L._L._/ I(EY PlAN ....... .:.... r. \ ! . '- \ I I ", '\ i ~-....._..... ". ~i l ......-./,- r------J r-'-rr",',-,r""T" ....\ '----1 ( i I I ! ! ! ! ! ! ! L_.__--j '----; Iii i I ! !! !! ! I ' -0 -----J ---l-j-j-t-t-t-!-L.}-.L-.j------~ I ----- I i I I I I I I I /. , I .. -j Iii i i i i i i / ~----'1 \ ---- . ~',-:..L...L..L..L_..J.....L.l...i./ ! j -yL..-/.t--- i ( ~---'1' ~'---'1 . ~'-'-T-'-~ L--'--1-' I r -----i ~-.-1 . ~-----r--.--1 ~ ----i----.i L___-j . I -----~ r---'1 j ,-._..L.___' '-- --.... - .... - - (------') . I \ - . I \ ' - I \ ' " I , i j i i i -------_._._-_.~ DCJ! ---- --.- ~ ~I-O""ASSQCI.AJ1::I;&JU ",-A1D1mC15 _.:.-:=.=-- -, ~~IOOI TCMl ", IElICAS1U ....'DEe ::..'Wo:'Jt>>'AN.... ............ ,-- ...... ..,.. .....,.. -................ 81002 ...... ..... - _...... II ... La,,' .-.- ~ . I(~ Page te6- SCHEDULE '1J" THIS SCHEDULE IS SCHEDULE WU" to the Agreement which has been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDSCAPING PLAN (See Attached) _w" ~ - - . . ,'~ ;.....-. .,.; . - ... .. - ~.. .. ........... .. - ........... -- ..... -- -...... --......-.. -.. ,..... .. --- ,... - --- TING DETAIL OF . ~D DECIDUOUS TREE /'"--- < \ LOCK 101 PAAK .,,:.- .... ~. :~ii I hUll i...!i! :~i i i!!!!!! I!!!!! . i i i j ~Ilf! 1\1 \ i! ! i i i .~_...._. . . lis \; i i i a R 'I 90 65 U IlLOCK '08 i i! i i i ~Pq31 . \I .. . ! . . I !!. i i i i i r;.tp; ~~ Ii !! i -. . 106 2 :I .. 5 6 HUM 51 Z C REMARKS 11 """' ~ .. .. .. .. .. ~1N~~f7~ ...-...::-- A-~'" - CIA'tI: ~z. ~, II IIlTES I. PLMlTING LOCATIIlH WIlL VARY LOCAl 011 at' DRlVE,,"rs AlC)/DR TIES. 2. OIl ~= iJ~~~TO . 10 10l0N TREE CRlTEII1I f'llII DlSllNCfS FROM ~rrr~~IOIl$ >>GJDR DRI_' 3. OIl lID lIEMI5. tHE.... TUlf TREE CAOllNS _ 10 Sll' rc: at' lHI! QlY\.I6HT TRIANGLE. ... =~r..=s. llIONorysNE'::~,%- PI.AH1ING so All STAICEII JJnONS ~ IE REYIEIlEO. i i i i i r;.tP1 '" Ii i i ! IlLOCK 1\0 i i i i i I s4~i I~ i i i i ! ! ! . . 46 ,.., <11 48 45 <I' LOCK 10' ... i 1 'I , 10 ! KEY PLAN IC&t..I &;IOM ""'-='t.r. 'I I -- - - .. ..--- ~-............... .~ -.--.............. .-............ ---.=-- .... ~~1OIl _ at' IlEIlCAS1\.E .;;. Lw_. _~l ~., lUll ..... ..". ......- __.. .. "002 - . ~ .. ...... _.___ Uf/l1l "".;." - . ' , { ( 7 Page taT' SCHEDULE WVW THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. tdINlSTRY OF NATURAL RESOURCES That the Owner shall submit to the Region of Durham, the Town of Newcastle and the Ministry of the Environment for review and approval a revised noise report prepared in accordance with Ministry of the Environment guidelines, which re- evaluates the impact of noise from Canadian Pacific Railway and Regional Road No. S7 and recommends any necessary noise attenuation measures. The approved noise attenuation measures shall be implemented through the subdivision agreement of the Town of Newcastle, which is registered on title, and shall include any required warning clauses identified in the acoustic report. A copy of the executed agreement shall be provided to the Region of Durham and the Ministry of the Environment to facilitate clearance of this condition. NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION That the Owner shall agree in the Town of Newcastle subdivision agreement to reserve Block 33S for elementary school pUlposes for a maximum period of seven (7) years, during which time the Northumberland and Newcastle Board of Education and the Owner may negotiate a purchase agreement. PETERBOROUGH-VICTORlA.NORTHUMBERLAND AND NFWCASTLE SEPARATE SCHOOL BOARD That the Owner shall agree in the Town of Newcastle Subdivision Agreement to reserve lots 60 to 79 to provide options for possible future development of a separate elementary school site and access to a public park proposed as part of plan of subdivision 18T-90050. The lots required for school purposes shall be reserved for a maximum of (7) seven years, during which time the Peterborough-Victoria- Northumberland and Newcastle Roman Catholic Separate School Board and the Owner may negotiate a purcbase agreement. ... t.......: / -,_..._.~."....._'--'- .. f, I( ~ Page ~ ~ANADIAN PACIFIC RAILWAY 1. That the Owner shall obtain the approval of c.P. Rail for any proposed utilities under or over Canadian Pacific Railway property to serve the development prior to installation. 2. That the Owner shall obtain the approval of the c.P. Rail for any increase or change in direction of natural drainage affecting Railway property. 3. That the Owner shall submit for the review and approval of c.P. Rail and the Town of Newcastle a report which investigates ground vibration transmission and, if necessary, recommends methods to ensure the protection of dwellings within 75 metres of the nearest track. 4. That it be registered on the title of all properties within 300 metres of the Canadian Pacific Railway right-of-way, that the Owner and future Owners are fully aware of the Railway's presence and also that the Railway will not take responsibility for complaints as a result of noise, Vlbration, air quality, etc., generated by present and/or future operations. 5. That the Owner agrees to construct a 1.83 metre high chain-link fence along the common property line with the Canadian Pacific Railway and the development, and agrees to include a covenant running with the land, in all deeds, obliging the purchasers of the land to maintain the fence in satisfactory condition at their expense. 6. That the Owner agrees to install a berm or combination berm and noise attenuation fence as required by Canadian Pacific Railway, having a total height of not less than S.S metres above the top of the rail, on private property adjacent to the railway. The berm must have a minimum height of 2.S metres. 7. That 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 Westside Creek without prior written authorization from the Ministry of Natural Resources. 8. That the Owner agrees to implement those ground Vlbration control measures as recommended in the vibration report as required in Condition 3 above. _ L _. 'T , ( C1 Page ~ MINISTRY OF NATURAL RESOURCES 1~ That the Owner shall prepare and submit a Master Drainage Plan for the West Side Creek, to the Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and the Town of Newcastle for their review and approval. 2. That the Owner shall maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. 3. That the Owner shall notify the Undsay Ministry of Natural Resources office at least 48 hours prior to the initiation of any on-site development. 4. That 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 Westside Creek without the prior written authorization from the Ministry of Natural Resources. -tI> I l . J ( ;z.D Page ff{t SCHEDULE "W" THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ARCHITECTURAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the following architectural control standards: 1. EXTERNAL MATERIALS: a) Exterior construction must be a minimum of forty (40%) percent masonry 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 comers require full height masonry products on all elevations. 2. COLOURS: a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such as earthtone range, pastel range, grey /black range etc. b) Where bricks are used, coloured mortar is required. c) Accent colour bricks for brick detailing is permitted provided if used consistently in group of dwellings. d) Colour of caulking around metal flashing or windows is required to match colour of brick or siding. 3. REPETmON OF ELEVATIONS AND STYLES: a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty- five (25%) percent exterior variations in elevations or colour schedule. b) Dwellings 0 identical elevation and/or colour schedule must be separated by a minimum of four (4) lots. .. " 1 -I " ,It I /;)-( Page ffi c) Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the same architectural influence. 4. OTHERS: a) All metal roof vents and stacks must be located in the rear slope of roofs and must be painted to match the roof colour if exposed to public view. b) All dwellings must carry brick veneers to within twelve (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) The Owner shall encourage the builder of dwellings to vary siting and setback of dwellings: d) The above standards are minimum standards and builders are encouraged to exceed the standards as long as the objective of creating attractive and aesthetically pleasing appearance is achieved. " , oI:lIi, .... / DYE & DURHAM CO. LIMITED Form No. 985 ., ..iIii!.,...J Province .....t1....~ of ~ Ontario Document General Form 4 - Land Reglstl1ltlon Reform Act, 1984 D >- ....I Z o w (f) ::l w U u: ~ o a:: It l'- C":) - <..0 U,::l l.t" ;::;'i/'j~ , ~ Ij'j~'. j~ j 'it. .. - ....... ,.,. Q ....-I ........;i c:::::; --. ". ~ <in .. New Property Identifiers Additional: See 0 Schedule Executions Additional: See 0 Schedule ($) This Document provides as follows: (1) Registry 0 (3) Property tdentlfler(s) Land Titles !Xl T (2) Page 1 of I :J- { pages Block Property Additional: See 0 Schedule (4) Nature of Document / Notice of Subdivision Agreement (Section 74 of the Act) (5)Conslder8tlon NA Dollars $ (6) Description FIRSTLY: Parcel 15..6, Section Con. 1 (Darlington), being part of Lots 15 & 16, Concession 1, Geographic Township of Darlington designated as Parts 1, 2 & 3 on Plan 10R-3767 and SECONDLY: Parcel 15-7, Section CoIl. 1 (Darlington) being part of Lot 15, Concession 1, Geographic Township of Darlington designated as Part 4, on Plan 10R-3767 and THIRDLY: Parcel 15-3, Section Con. 1, Newcastle (Darlington) being part of Lot 15, Concession 1, designated as Part ion Plan 10R-2654 save and except Part 1 on Plan 10R-2728 all in the Town of Newcastle, Regional Municipality of Durham (7) This (a) Redescription Document New Easement Contains: Plan/Sketch I: (b) Schedule for: Additional o 1 Description 0 Parties D Other 0 I The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the land registered in the name of Martin Road Holdings Limited and West BowmanviUe Developments Ltd. as Parcels 15-6 and 15-7, Section Con. 1 (Darlington) and Parcel 15-3, Section Con. 1, Newcastle (Darlington) and hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of Subdivision Agreement in the Register for the said Parcel. ( (9) This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Continued on Schedule 0 } Signature(s) Date of Signature Y M 0 , . . mE. CORPORATION OF .THE TOWN. . . . . . . . OF NEWCASTLE by it solicitors . . SHIBLEY RlGHTON 'per Nicholas' . . . . . . . . . . . T. Macos / '7 ; ;: /-2 - -..-z-....-.---.- - ! ! j 19 : '0 .. . . . .............................: 1991.:.. .;.. . Nicholas T. Macos j: . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . '1' . . .. ... .. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . .. "': .. .. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Address for Service All - (12) Party(les) (Set out Status or Interestj Name(s) .... ~ ... ~ II... , . T 1f'" '1A~ Signature(s) Date of Signature Y M 0 , . , . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ... . . . . . , , , , , , , : : : : : : : . : : : : : : : : : : : : : : : : : : : : : : : : : : f : : : : · . '. . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . .. . .. .. . .. . .. . . .. .. .. . . . . . . .. .. . . .. .. .. .. .. .. .. .. .. .. . .. . . . . .. . .. . .. .. . . .. . . . . . . .. . . . . . .. . . .. . .. . (13) Address for Service (14) Municipal Address of Property not assigned i'~~;L:f'iilL ,,- .~,;,,,,,o;l . (15) Document Prepared by: III Fees and Tax >- ....I ~ Registration Fee w en ::l w U u: ~ o a:: It Total .I! Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos or ..... . ~".. l- t J 1 { Page 2 THIS AGREEMENT made in quintuplicate as of this 5th day of September, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - MARTIN ROAD HOLDINGS LIMITED and WEST BOWMANVILLE DEVELOPMENTS LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROBERT LOUIS STEVENS and ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRJ> PART 4 SUBDIVISION AGREEMENT I ., .~ INDEX Page 3 ARTICLE 1 - INTERPRETATION AND SCHEDULES ................... 7 1.1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · 7 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · .. 13 ARTICLE 2.. GE~RA.L ................... . . · · . · · · . · . · · · · · · · · · · · · 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.U 2.13 2.14 2.15 2.16 2.17 Recitals in Operative Part of Agreement ..................... Certification of Ownership Copy of Plan and Agreements Required ...................... Transfer of Easements .................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of Unds . . . . . . . . . . . . . · · · · · · . · · · · · · · · · · · · · · · · · · Registration of Transfers Postponement of Mortgage Lands for School Purposes Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration of Agreement ................................ Renegotiation and Amendment of Agreement .................. Town to Act Promptly . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Assignment of Agreement Replacement of Draft Plan with Final Plan(s) . . . . . . · · · · · · · . · · · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of Owner ................................... Successors ........................................... Lot\Block Reference Numbers . . . . . . . · . · · · · · · · · · · · · . · · · · · · · ARTICLE 3. FINAN'CIAL . · · · · · · · · · · · · · · · . . · · · · · · · · · · · · · · · · · · · · · · · 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 3.16 J>>flJnD1ent ()f 1r~es ...................................... PaJnD1ent of Local Improvement Charges ..................... PaJnD1ent of Drainage Charges ............................. PaJnD1ent of Development Levies . . · . · · · · · · · · · · · · · · · · · · · · · · · · Cash in Lieu of Land Dedication · · · · · · · · · · · · · · · · · · · · · · · · · · · Performance Guarantee Required Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnification of Town ................................. IIlSll~Jl~ ... . . . . . . . . . · · · · · · · · .. · · · · · · · · · · · · · · · · · · · · · · · Maintenance Guarantee Required .......................... Use of Maintenance Guarantee ............................ Requirements for Release of J>>erformance Guarantee Requirements for Release of Maintenflllce GUflrantee . . . . . . . . . . . . . . . . . . . . . . . . PaJnD1ent of Town's Costs . . . · · · · · · · · · · · · · · · · · · · · · · . · · · · · · · Unpaid Monies . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Occupancy Permit Dep()sit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / 14 14 14 14 15 16 16 16 17 17 17 18 19 19 19 20 20 20 21 21 21 21 21 22 22 23 23 23 23 25 25 26 26 27 27 , , ARTICLE 4 - rI..ANNING ......................................... I Tree Preservation Plan .................................. i Landscaping Plan and Landscaping Requirements .............. i Use of Lands ......................................... ARTICLE 5. ~UBLIC WORKS 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 Lands Unsuitable for Building I Lainds Requiring Site Plan ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . R~uirements for Building Permits ......................... Model Homes ....................................... · · Arthitectural Control Standards ........................... I Requirements for Sale of Lands . . . . . . . . . . . . · . . · · · . · · . · · · · · · R~quirements for Occupancy Permit ........................ Requirements for Park .................................. i Special Conditions ..................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Works Required . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · Utilities and Services Required ............................ O~er's Engineer ...................................... I Design. of Works . . . . . . . . . . · · · · · · · · · · · · · · · · · · · . · · · · · · · · · i Approval of Engineering Drawings . . . . . . . . . · · · · · . · · · · . · · · . · · , Approval of Grading and Drainage Plan ..................... Staging of Construction . . . . . . . . . · . · · · · · · · · · . · · · · · · · · · · . · · i Approval of Schedule of Works ............................ Approval of Works Cost Estimates and Stage Cost Estimates ...... R~quirements for Authorization to Commence Works ............ I R~quirements for Commencement of Subsequent Stages of Works ... Inspection and Stop Work . . . . . . . . . . . . . . . . · · · · · · . · · · · · . . · · I . C~nstruction in Accordance with Engineering Drawings .......... Sequence of Construction of Works ......................... C~mpletion Time for Construction of Works .................. , Minor Additional Work . . . . . . . . . . · · · · · · · · · · · · . · . . · · · · . · · . I I Incomplete or Faulty Works and Liens ...................... Erttry for Emergency Repairs . . . . . . . . . . . . · · . · · · · · · . · · · · · . · . I D~mage to Existing Services .............................. D~mage to Neighbouring Wells ............................ , Use of Works by Town. .................................. I ~aintenance of Roads after Completion . . . . . . . . . . . . · . . · · . · · · · Requirements for Certificate of Completion ................... i R~quirements for Certificate of Acceptance ................... O~ership of Works by Town ............................. , Requirements for Certificate of Release ...................... .r Page 4 28 28 29 31 31 31 31 34 35 35 36 38 42 45 45 45 45 46 46 46 47 47 48 48 51 51 52 52 52 53 53 54 54 55 57 57 58 58 59 59 , _ _ J Page 5 5.27 External Senices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 60 5.28 Financial Contributions for Certain External Works. . . . . . . . . . . .. 60 5.29 Security for CPR Underpass Work. . . . . . . . . . . . . . . . . . . . . . . . .. 61 ARTICLE 6 . COMPLIANCE WITH REGULATIONS ................... 64 ARTICLE 7 . RESPONSIBILI1Y OF SUBSEQUENT OWNERS.......... 64 ARTICLE 8 . TIME OF ESSENCE................................ 64 ARTICLE 9 . AUTHORI'IY TO MAKE AGREEMENT ................ 64 SCHEDULES TO AGREEMENT Schedule "G" Schedule "G-l" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" Schedule "P" Schedule "P"I" Schedule "Q" Schedule "R" Schedule "S" Schedule "T" Schedule "U" Schedule "V" Schedule "W" "Legal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Development Levies" "Transfers of Easements" "Lands to be Transferred to Town and/or Cash to be Paid in Lieu Thereor' "Works Required" "Staging Plan" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Oversized and/or External Services" "Financial Contributions for Certain External Works" "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" "Tree Preservation Plan" (reduction) "Landscaping Plan" (reduction) "Requirements of Other Agencies" "Architectural Control Standards" Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F" .' l' Page 6 THIS AGREEMENT made in quintuplicate as of this 5th day of September, 1991. BEnvEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - MARTIN ROAD HOLDINGS LIMITED and WEST BOWMANVILLE DEVELOPMENTS LTD. (hereinafter called the "Owner") OF THE SECOND PART - and - ROBERT LOUIS STEVENS and ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS A The lands owned by the Owner which are affected by this Agreement are descnbed in Schedule "A" hereto, and are hereinafter called the "Lands"; B The Owner represents and warrants that it is the registered Owner of the Lands in fee simple absolute subject to the mortgagee referred to in Recital C; C The Owner represents and warrants that the Mortgagee is the only mortgagee or chargee of the Lands; D The Owner has received the approval of the Regional Municipality of Durham, (hereinafter called the "Region") to draft Plan of Subdivision 18T-88046 of the Lands subject to compliance with certain conditions thereto including the making of Subdivision Agreements with the Region and the Town, respectively; / '- I , Page 7 E The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and the Town, respectively, for the making of the aforesaid Subdivision Agreements; F The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" (the "Utilities and Services"); G The Owner represents and warrants that it will enter into Agreements with the Region and the Town to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-88046; H This Agreement is made pursuant to the provisions of Subsection 50(6) of the Planning Act, 1983 and is authorized by By-law 91-100 passed on June 24th, 1991; NOW THEREFORE WITNESSElH THAT in consideration of the premises and the .covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1- INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (b ) "Additional Required Dedication" has the meaning assigned to in Schedule "F of this Agreement. (c) "Adjusted Revised Estimates" has the meaning assigned to it in paragraph 5.29(3) of this Agreement. (d) "Adjusted Second Revised Estimate" has the meaning assigned to it in paragraph 5.29(5) of this Agreement. / Page 8 (e) "Adjusted Starting Estimated Cost" has the meaning assigned to it in paragraph 5.29(3). (t) "Adjustment Date" has the meaning assigned to it in paragraph 5.29(2) of this Agreement. (g) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (h) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (i) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. G) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (k) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of this Agreement. (I) "Closing of Martin Road Work" has the meaning assigned to it in Schedule "P" of this Agreement. -em) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (n) "Cost Sharing Report" means the "Cost Sharing Report" referred to in Schedule "0" of this Agreement. (0) "Council" means the Council of The Corporation of the Town of Newcastle. (0) "CPR Underpass Work" has the meaning assigned to it in Schedule "P" of this Agreement. (q) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (r) ''Development Charge By-law" has the meaning assigned to it in paragraph 3.4(2) . of this Agreement. I /' , 1 ' ! Page 9 (s) "Development Levies" has the meaning assigned to it in Schedule"D" of this Agreement. (t) "Director" means the Director of Public Works of the Town of Newcastle or his designated representative. (u) "DirectOr of Community Services" means the Director of Community Services of the Town of Newcastle or his designated representative. (v) "Director of Planning" means the Director of Planning and Development of the Town of Newcastle or his designated representative. (w) "Engineering Drawings" has the meaning assigned to it in paragraph S5 of this Agreement (x) "External Services" has the meaning assigned to it in paragraph 5.27(1) of this Agreement. (y) "Final Noise Impact Study" has the meaning assigned to it in paragraph 4.12(4) of this Agreement. (z) "Front-Ending Agreement" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (aa) "Grading and Drainage Plan" has tbe meaning assigned to it in paragraph 5.6 of this Agreement. (bb) "Highway No.2 Sidewalk and Streetlighting Work" has the meaning assigned to it in Schedule "P-I" of this Agreement. (ee) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (dd) "Landscaping Plan" bas the meaning assigned to it in paragraph 4.2(2) of this Agreement (ee) "Lands" has the meaning assigned to it in Recital A of this Agreement. (ff) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. / J , Page 10 (gg) "Major Park" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (hh) "Minister" means the Minister of Municipal Affairs, Ontario. (il) "Monitoring Program" has the meaning assigned to it in paragraph S.20(1) of this Agreement. (jj) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (kk) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (ll) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (mm) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (nn) "Owner" means the Party of the Second Part to this Agreement, its successors and assigns and when used to refer to a successor or assignee of such Party, or to another person, an owner includes an individual, an association, a partnership or a corporation, (00) "Owner's Engineer" Ii .~~ans a professional Civil Engineer, registered by the Association of Professional Engineers of Ontario. (Pp) "Park Deficiency" has the meaning assigned to it in Schedule "F' to this Agreement. (qq) "Park Letter of Credit" has the meaning assigned to it in paragraph 4.11(7) of this Agreement. (rr) "Park Maintenance Guarantee" has the meaning assigned to it in paragraph 4.11(9) of this Agreement. (ss) ''Park Site Master Plan" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (tt) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. / . . Page 11 (uu) "Phase 1 of the Development of the Lands" means the development of the portion of the Lands which is within the draft 10M plan of subdivision, a copy of which is contained in Schedule "B". (vv) "Phase Subsequent to Phase 1 of the Development of the Lands" means the development of the whole, or any portion of the Lands, which are not located within the draft 10M Plan of Subdivision contained in Schedule "B" after such draft 10M Plan of Subdivision has been registered against the title to the portion of the Lands to which it applies, and if the first ''Phase Subsequent to Phase 1 of the Development of the Lands" includes only a portion of the Lands which are not located within such draft 10M Plan of Subdivision, the term "Phase Subsequent to Phase 1 of Development of the Lands" means the development of each portion of the Lands which is within a separate 10M Plan of Subdivision which is registered against the title to the portion of Lands to which it applies. (ww) "Property Frontage Charges" has the meaning assigned to it in paragraph 5.27(S) of this Agreement. (xx) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.S of this Agreement. (0) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreem~nt. (zz) "Reconstruction Work" has the meaning assigned to it in Schedule"G" of this Agreement. (aaa) "Region" shall mean the Corporation of the Regional Municipality of Durham. (bbb) "Regional Road 57 Sidewalk and Streetlighting Work" has the meaning assigned to it in Schedule "PM of this Agreement. (ccc) "Required Increase in the Security Deposit" has the meaning assigned to it in paragraph 529(3) of this Agreement. (ddd) "Revised Estimates" has the meaning assigned to it in paragraph 5.29(2) of this Agreement. I r , I I Page 12 (eee) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (fff) "Second Revised Estimates" has the meaning assigned to it in paragraph 5.29(4) of this Agreement. (ggg) "Security Deposit" has the meaning assigned to it in paragraph S.29(3) of this Agreement. (hhh) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ill) "Services" has the meaning assigned to it in paragraph S.27(2) of this Agreement. (ill) "Solicitor" means the Solicitor for the Town. (kkk) "Starting Estimated Cost" has the meaning assigned to it in paragraph 5.29(2) of this Agreement. (111) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (mrnm) "Stormwater Detention Work" has the meaning assigned to it in Schedule "G" of this Agreement. (nnn) "10M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. (000) "Tot Lot" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (Ppp) "Town" means The Corporation of the Town of Newcastle or any official, designated by Council to administer the terms of this Agreement. (qqq) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1) of this Agreement. (rrr) ''Treasurer'' means the Treasurer of the Town of Newcastle or his designated representative. J Page 13 (sss) "Tributary Stormwater Management Works" has the meaning assigned to it in Schedule "G" of the Agreement. (ttt) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (uuu) "Water Quality Works" has the meaning assigned to it in Schedule "G" of this Agreement. (vw) "West Bowmanville Park" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (www) ''Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (xxx) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and the masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "G" Schedule "G-l" Schedule "H' Schedule "I" Schedule "J" "Legal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Development Levies" "Transfers of Easements" "Lands to be Transferred to Town and/or Cash to be Paid in Lieu Thereof' "Works Required" "Staging Plan" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" Schedule "A" Schedule "B" Schedule "e' Schedule "0" Schedule "Ew Schedule "F' J Page 14 Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" Schedule "P" Schedule "P-l" Schedule "Q" Schedule "R" Schedule "S" Schedule "T' Schedule "U" Schedule ''V'' Schedule "WI "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Oversized and/or External Services" "Financial Contributions for Certain External Works" "Conservation Authority's Work" "Engineering and Inspection Pees" "Region's Conditions of Approval,j "Tree Preservation Plan" (reduction) "Landscaping Plan" (reduction) "Requirements of Other Agencies" "Architectural Control Standards" ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of Aweement The Owner represents and warrants to the Town that each of Recitals A to G of this Agreement is correct. 2.2 Certification of Ownership (1) On the execution of this Agreement, the Owner shall provide the Town with t". 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 interests in the said Lands and the nature of their interests. (2) On the execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Town or in which easements are to be transferred to the Town pursuant to the terms of this Agreement. 2.3 Copy of Plan and Apeements Required On tbe execution of this Agreement, the Owner sball provide the Town with as many copies as the Town requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "10M Plan") is contained in Schedule "E" attached hereto. The Owner shall also furnish to the Town at the time of the / Page 15 execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and Agreement has been executed by the Parties thereto at the time of the execution of this Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall provide the Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Town with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. 2.4 Transfer of Easements (1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town the executed transfers of easements which are set out in Schedule "E" and shall pay to the Town in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company for Town purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the " Page 16 erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commi~ion, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2) 2.5 Tran$fer of Lands On the execution of this Agreement, the Owner shall deliver to the Town executed transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in paragraph 1 of Scbedule "F hereto and shall pay to the Town in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.S shall contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Re.;stration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, 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. 2.7 postponement of Morteaee The Mortgagee hereby postpones its mortgage to this Agreement with the intent that this Agreement sball take effect as though dated, executed and registered prior to the mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the Mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of thisoAgreement. In order to give further assurance to the Town, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Town's Solicitor forthwith after being requested to do so by notice given in ~hing to the Mortgagee and to deliver the same to the Town. Page 17 2.8 Lands for School Pulp)ses (1) On or prior to the execution of this Agreement, the Owner shall 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 any School Board which has an option to acquire any lot(s) or block(s) comprising part of the Lands does not exercise its option, forthwith after such School Board fails to exercise such option, and in the case of the Northumberland and Newcastle Board of Education, it fails to enter into an agreement of purchase and sale of Block 33S on draft Plan of Subdivision 18T -88046 with the Owner at any time until the expiry of seven (7) years from the date as of which this Agreement is made, the Owner shall give notice to the Town in writing that the School Board has not exercised its option. The Owner hereby grants to the Town an irrevocable option to acquire such lot(s) or block(s) on the same terms and conditions including, without limiting the generality of the foregoing, the consideration to be paid to the Owner, as the School Board could have acquired such lot(s) or block(s) by exercising its option as aforesaid, except that the Town shall exercise the option hereby granted by giving written notice to the Owner prior to the expiry of sixty (60) days after the Town receives the aforesaid notice from the Owner that the School Board has failed to exercise its option. The purchase of the lot(s) or block(s) in question by the Town shall be completed within ninety (90) days after the exercise of the Town's option as aforesaid. 2.9 ~haree on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. 2.10 Relistration of A&reement The Owner and the Mortgagee hereby consent to the registration of this Agreement or a notice thereof against the title to the Lands. Neither the Owner nor the Mortgagee will register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the lands unless this Agreement and any transfers or other documents required to be furnished hereunder have frrst been registered against the title to the lands or the appropriate portion(s) thereof, as the _~e may be. Without derogating from the foregoing, the Owner and the Mortgagee also hereby consent to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion(s) thereof as the case may be, in order to give further effect to the Page 18 foregoing and acknowledge that the Town has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.11 Reneaotiation and Amendment of A,areement (1) Following the occurrence of any of the events set out below in paragraph 2.11 (the "Renegotiation Events"), the Town may give written notice to the Owner requiring that particular provisions of this Agreement specified in the notice shall be renegotiated and, if necessary amended by the Parties. No later than the expiry of the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Town considers to be substantially different from the 10M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Town, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement, the Owner and the Town will renegotiate the same in good faith and with expedition. In the event that the renegotiation has not been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which the notice requiring the renegotiation is given as aforesaid, at any time thereafter the Town may give the Page 19 Owner written notice declaring this Agreement to be terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Town declaring it to be terminated in accordance with paragraph 2.11(1), none of the Parties hereto may make any claim againlOt the Town for damages for any loss or cost or make any claim against the Town for compensation in respect of any of the Works, whether located in whole or in part on land in which the Town has an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8, S.14, S.17, S.20 and S.21 and Article 8 of this Agreement will survive the termination of this Agreement pursuant to paragraph 2.11(2) and paragraphs 3.8, S.17, S.19, S.20 and S.21 and Article 8 of this Agreement shall continue to bind the Owner and may be enforced by the Town in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.11(1) from time to time by mutual agreement, the Parties hereto may 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. 2.U Town to Act Promptly Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town 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 in all respects and the Town and its officials shall act reasonably. 2.13 Assi~ment or Aereement The Owner shall not assign this Agreement without prior written consent of the Town. For greater certainty, any assignment which is made contrary to this paragraph 2.13 does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement. 2.14 ~eplacement or Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-88046 has been_approved by the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and Page 20 street(s) shown on such red-lined draft Plan of Subdivision. The 10M Plan proposed by the Owner is also contained in Schedule "B". (2) On a final Plan of Subdivision implementing Plan 1ST -88046 approved pursuant to the Pblnning Act, 1983 being registered against the title to anyone (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 1ST -88046 for the purposes of this Agreement All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Schedules "B", "E", "F, "0", "N", "0", "P", "Q", 'T', "U", "V" and "VI" in order to replace the descriptions and references to the red-lined draft Plan of Subdivision 18T-88046 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.15 lYotitication of Owoer If any notice or other document is required to be or may be given by the Town or by any official of the Town to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: The Owner: Martin Road Holdings Limited 250 Consumers Road Suite 403 North York, Ontario M2J 4V6 or such other address of which the Owner, as the case may be, has notified the Town in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 2.16 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 2.17 Lot\Block Reference Numbers Subject to paragraph 2.11 of this Agreement, for the purposes of this Agreement, all references to lot(s); block(s); 0.3 metre reserves and road widenings reflect the numbering of each as shown on draft Plan of Subdivision 18T -88046, as approved by the Commissioner of Planning February 21, 1991. Page 21 ARTICLE 3. FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the Owner shall pay all municipal taxes outstanding against the Lands, as set out in Schedule "C' hereto. In addition, the Owner shall pay any municipal taxes which may become due in respect of the whole or any one or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 P~ent of Local Improvement Char&es Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule "e' 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 Drainaae Chal'les Prior to the date of the execution of this Agreement, the Owner shall pay all drainage charges assessed under the Drainage Act, R.S.O. 1980, c.126, and the Tile Drainage Act, R.S.O. 1980, c.sOO against the Lands, as set out in Schedule "C' hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 Payment of Development Levies (1) The Owner shall pay all "Development Levies" (as defined in Schedule "D") in the amounts and at the times set out in Schedule "D" hereto. For greater certainty, prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, the Owner shall pay all remaining Development Levies assessed against such lot(s) or block(s). (2) Without derogating from paragraphs 4.11(1S), S.27(2), 5.27(3), S.28 and S.29(8), the Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4(1) and Schedules "D", "0", "P" and "P-1" are intended nor shall they be considered to have the effect of exempting the Owner in whole or in part from, or making inapplicable to the Owner! or making inapplicable in respect of the development of the Lands, a development charge that after the date of this Agreement may be imposed by the Town by passing a By-law (the "Developrtlent Charge By-law") under the Development Charges Act, 1989 (the Page 22 II Act")t and none of them shall be used as a justification for or the basis of granting the Owner a credit of any amount in determining the development charge payable by the Owner under such By-law and Act. Further, without limiting the generality of the foregoing, it is understood and agreed by the Parties, that the Owner's agreement to pay Development Levies pursuant to paragraph 3.4(1) and Schedule "0" in reSPect of the development of the Lands or any part thereof is not intended by the Parties and shall not have the effect of limiting the Owner's obligation to pay only that portion of a development charge otherwise imposed by the Development Charge By-law which is not in excess of the amount of the Development Levies on the date of issuance of any building permit under the Ontario Building Code Act for a dwelling(s) proposed to be constructed on the Lands that would have been payable under paragraph 3.4(1) and Schedule "D" if the Town had not passed a Development Charge By-law. 3.5 pash in Lieu of Land Dedication On the execution of this Agreement, the Owner shall pay the Town the cash payment in lieu of dedication of lands as set out in Schedule "F' hereto. 3.6 Perform,nce Guarantee Required Except as is otherwise provided in paragraph 5.29 of this Agreement with respect to the CPR Underpass Wor~ prior to the date of issuance to the Owner of any Authorization to Commence Wor~ the Owner shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's TreaSurer, and containing terms satisfactory to the Town's Treasurer in the amount which is required by the Town to secure to the Town the performance by the Owner of its covenants contained in this Agreement to construct and install the Works and the performance of the Owner's obligations under paragraph S.13(2), as well as the performance by the Owner of its other covenants contained in this Agreement, including but not limited to its covenant under paragraph 4.11. Such cash deposit or letter of credit shall be in the amount required by the Directors of Community Services, Planning and Development, and Public Works as has authority under this Agreement. With respect to the Works, the deposit shall be in an amount at least equal to the "Works Cost Estimates' (as hereafter defined) for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an application for such Authorization has been made by the Owner. (The cash deposit(s) or letter(s) of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this Agreement m:e called the "Performance Guarantee".) Page 23 3.7 Vse of Performance Guarantee From time to time the Town may appropriate the whole or anyone or more portions of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate shall not exceed the amount(s) required to remedy the Owner's default at the date of the appropriation. Forthwith after making each such appropriation, the Director shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount(s) required by this Agreement 3.8 Indemnification of Town (1) The Owner shall defend, indemnify and save the Town harmless from and against all actions, claims, liabilities, losses, damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction, and/or installation of the Works provided for in this Agreement. (2) The Owner shall continue to indemnify and save harmless the Town as provided in paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the Owner and notwithstanding any arrangements that may be made by the Town with any person respecting any of the matters indemnified against under this Agreement (3) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Town to do or refrain from doing any act or making any recommendation necessary for the Q\.vner ~o achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.' Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement on or prior to the execution of this Agreement and thereafter in accordance with Schedule "K". 3.10 Maintenance Guarantee Required (1) From tbe date of issuance of a Certificate of Completion of the Works or any of them, until the date of issuance of a Certificate of Acceptance of such Works, the Owner agrees with the Town to promptly correct, remedy, repair or replace any portion or component of such Works that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. , , Page 24 (2) Prior to the date of issuance of a Certificate of Completion of the Works or any of them, the Owner will deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or"Bft of the Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security for the Maintenance Guarantee shall be in an amount not less than fifteen (15%) percent of the cost of the Works in question referred to in Schedule "Jft hereto. In the event that the Owner fails to perform the Maintenance Guarantee, the Town may correct, remedy, repair or replace the defective or deficient Works, portion of Works or component thereof and appropriate the whole or any part of the Security for the Maintenance Guarantee as is necessary to indemnify the Town in respect of the cost of doing so. (3) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works covered by the Certificate of Completion referred to in paragraph 3.10(1) which shall not be earlier than tbe date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (1) "Storm Sewer System" (as hereafter defined) inc1udini the Storm Sewer Work: a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for tbe Storm Sewer System and terminating on tbe date of issuance of the Certificate of Acceptance for tbe Storm Sewer System. (2) Roads and Above Ground Services: a minimum of two (2) years commencing on tbe date of issuance of tbe Certificate of Completion for the Roads and Above Ground Services and terminating on tbe date of issuance of the Certificate of Acceptance for tbe Roads and Above Ground Services. (3) "Tributary Stormwater Manaiement Works" (as bereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for these Works and terminating on the date of issuance of a Certificate of Acceptance of them. (4) "Water Ouality Works" (as hereafter defmed): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for tbese Works and terminating on tbe date of issuance of a Certificate of Acceptance of them. (5) "CPR UndeJl)ass Work" (as hereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for tbese , ~ '. ' Page 25 Work and termination on the issuance of a Certificate of Acceptance of them. 3.11 Use of Maintenance Guarantee Prom time to time, the Town may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner to the Town under this Agreement. The amount(s) of such appropriation shall not exceed the cost as determined by the Director of correcting the deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith, after the Town makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.n Requirements for Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is to an amount equal to the value of the uncompleted Works and the other facilities and improvements, as determined by the Director, plus fifteen (15%) percent of the value of the completed Works, facilities and services, also determined by the Director having regard to the Progress Certificate prepared by the Owner's Engineer in respect of the completed Works if such has been submitted to the Town by the Owner. (2) The Owner will not require the Town to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) a Certificate of Completion has been issued for the Works for which such Performance Guarantee is required under this Agreement; (b) the Owner has deposited with the Town, the Maintenance Guarantee applying to the Works for which the Performance Guarantee was required; and (c) 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 to such Works. ;" .. I I Page 26 3.13 Requirement$ for Release of Maintenance Guarantee The Owner agrees that the Town shall not be required to release to the Owner the Security for the Maintenance Guarantee until the following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Town is satisfied that there are no outstanding claims relating to such Works. (c) The Town has received the as-built drawings for such Works from the Owner. 3.14 Payment of Town's Costs (1) On the execution of this Agreement 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 reasonable cost of all legal services contemplated by the terms of this Agreement, which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate( s) of Release, provided that services have actually been performed for the Town. (2) After the date of execution of this Agreement, forthwith after written notice is given to the Owner containing reasonable particulars thereof, the Owner shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred by the Town in connection with the preparation, processing and approval of the "Front-Ending Agreement(s)" necessary to implement paragraph 5.27 of this Agreement. (3) The Owner shall pay to the Town for all estimated engineering and inspection costs in accordance with tbe provisions of Schedule"R" forthwith after a written demand therefor is given to the Owner by the Director. (4) Mter giving reasonable notice to the Town, the Owner may inspect, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is requiring reimbursement pursuant to paragraphs 3.14(1), 3.14(2) and 3.14(3). L~ , , Page 27 3.15 Unpaid Monies Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall be calculated and be paid by the Owner to the Town on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with Town taxes which are in arrears at the date on which the default in question commences. There shall be added to the interest so calculated and payable, an amount which is equal to the late payment charge which may be added to Town tax arrears payable by a ratepayer of the Town at the date on which the default in question commences. 3.16 Occupancy Permit Deposit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner shall deposit with the Town an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act acceptable to the Town's Treasurer, in the amount of twenty thousand ($20,000.00) dollars (the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Town that occupancy of any dwelling(s) within Phase 1 of the Development of the Lands will not take place before an "Occupancy Permit" (defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to the Town's Treasurer. In the event that occupancy of dwelling(s) occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Town to comply with the requirements of paragraph 4.10on the Owner's behalf and at the Owner's cost. In the event that the Town so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it is given written notice of the amount of the appropriation, the Owner shall restore the Occupancy Permit Deposit to the full amount of twenty thousand ($20,000.00) dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner at such time as the last dwelling which may be constructed on Phase 1 of the Development of the Lands is permitted to be occupied pursuant to an Occupancy Permit. H a letter of credit is deposited as the Occupancy Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 10M Plan contained in Schedule "B" to replace the letter of credit from time to time, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following any such permitted replacement of a letter of credit, the Town will return the replaced letter of credit to the Owner or to the person for whom it was issued, as may be appropriate. ~!- f ~ I I Page 28 (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the following "Occupancy Permit Scale" of the Town which is current on the date of execution of this Agreement: up to SO lots SI to 100 lots 101 to 250 lots 251 to 500 lots over 500 lots $10,000.00 $lS,OOO.OO $20,000.00 $30,000.00 $50,000.00 The Owner agrees with the Town that the Town in its discretion may amend its Occupancy Permit Scale from time to time. (3) Prior to the issuance of a building permit for the first dwelling proposed to be constructed in each Phase Subsequent to Phase 1 of the Development of the Lands, the Owner will deposit with the Town an Occupancy Permit Deposit in the amount produced by applying the Town's Occupancy Permit Scale which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Town to the number of lots within the Phase in question. The provisions of paragraph 3.16(1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase 1 of the Development of the Lands, with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 3.16(3). ARTICLE 4. PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director of Planning of a plan for the preservation of trees on the said Lands (the "Tree Preservation Plan") which shows: (a) the location and approximate size of all existing trees over 30.5 em in circumference at 1.5 m above the ground; and (b) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. (2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy or damage any tree existing at the date of this Agreement. No existing tree , Page 29 shall be removed until the Tree Preservation Plan is approved by the Director of Planning and thereafter an existing tree may be removed only if permitted by the Tree Preservation Plan. The Owner agrees to comply with the approved Tree Preservation Plan. In the event that any tree required to be preserved by the approved Tree Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall replace that tree with a tree of a height, calliper and species as determined by the Director of Planning in his discretion. (3) The Parties acknowledge that the approved Tree Preservation Plan for the purposes of this Agreement is the Tree Preservation Plan contained in Schedule "T'. 4.2 Landscapine Plan and LandscapinK Requirements (1) Prior to the issuance of any Authorization to Commence Works located within Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a "Landscaping Plan" (as hereinafter defined) for such Phase. (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning and the Director of Public Works. The landscape architect shall prepare a draft landscaping plan for Phase 1 of the Development of the Lands showing, among other things, boulevard road areas and vegetation, and trees to be planted thereon. The draft landscaping plan shall conform with and implement the Town's landscaping design criteria, as amended from time to time and the provisions of this Agreement. When the draft landscaping plan for Phase 1 of the Development of the Lands has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for such Phase for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule ''U'' hereto is the Landscaping Plan for Phase 1 of the Development of the Lands for the purposes of this Agreement. (4) Prior to the date of issuance of any Authorization to Commence Works which are located within a Phase Subsequent to Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a draft Landscaping Plan for such subsequent Phase, and the provisions of paragraph 4.2(1) shall apply with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.2(4). (5) The Owner agrees that its cost to satisfy the following requirements: l Page 30 (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded/seeded, as may be required by the Director of Planning, within one (1) year of occupancy of the dwellings; (b) a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5) and the Landscaping Plan for Phase 1 of the Development of the Lands and the Landscaping Plan for each Phase Subsequent to Phase to Phase 1 of the Development of the Lands; (c) all trees shall be a minimum of three point five (3.S) m in height and six (6) em in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; (e) fencing, other than noise fencing the height of which is specified in paragraph 4.12(4) and 4.12(S) and the Canadian Pacific Railway fencing which is specified in Schedule "Y", shall have a minimum height of one point eight (1.8) metres. Chain-link fencing is not permitted except in areas abutting walkways and then only in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; and -' (f) where wood fencing is proposed, it must be constructed either of pressure treated wood or wood of equivalent longevity in the opinion of the Director of Planning. (6) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan for Phase 1 of the Development and the relevant Landscaping Plan for each Phase Subsequent to Phase 1 of the Development of the Lands expeditiously during the construction of dwellings in the Phase in question. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Town at the Owner's cost. Without limiting the Town's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Town that the Town may appropriate a portion of the Performance Guarantee to indemnify the Town in respect of the cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. Forthwith, after the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to the amount required by this Agreement. ,I Page 31 4.3 Use of l.ands The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for Buildinl The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule "Nil hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s) until the conditions set out in Schedule "Nil for such lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Lands Requirinl Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot(s) or block(s) under Section 40 of the Planning Act, 1983, provided that any application for a building permit shall comply in all respects with the terms of the said Site Plan Agreement and all applicable laws. 4.6 Requirements for Buildine Permits The execution of this Agreement by the Town, the approval by the Town of the 10M Plan or a final plan of subdivision either for Phase 1 of the Development of the Lands or for any Phase Subsequent to Phase 1 of the Development of the Lands, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Town to any person, nor shall be taken to give any assurance to the Owner or to any other person that building permits for buildings proposed to be constructed on any portion of the Lands when applied for, will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause or permit an application to be made by any person for a building permit for a building proposed to be constructed on any of the Lands, . made until the following requirements are satisfied: (a) all easements for the purposes of the Town, the Region of Durham or the Newcastle Hydro-Electric Commission or for the purpose of Utilities and Services referred to 1___ ~ . . j Page 32 in Schedule "HI, or for the purpose of drainage in the lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to the appropriate person as required by this Agreement; (b) all the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s); (c) all of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director; (d) all of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Newcastle Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Town has received written confirmation from such Commission, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it or they may draw to payor to reimburse itself (themselves) in respect of the costs of the design, construction and installation of such Utilities and Services if the Owner fails to construct and install them; (e) the Owner has provided the Director of Planning with a paper draft of the registered Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning with a mylar copy of such registered Plan of Subdivision forthwith after it is made available to the Owner by the Land Registry Office); (t) the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s) or block(s) for which application is made for a building permit; (g) the Owner has deposited with the Town the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing; (h) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions with respect to tbe development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement; .1 'J ' , Page 33 (i) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement; (j) the Performance Guarantee and in all cases required by this Agreement, the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Town and are in good standing; (k) the applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s) as well as with the Town's Design Criteria and Standard Detail Drawings; (I) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands; (m) (i) the Owner has constructed access routes to the subdivision in satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced; (ii) the Owner has agreed with the Town that during construction of the building pursuant to the building permits which have been applied for fire access routes will be maintained continuously as required by Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste will be maintained in accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open burning will not,occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code; (ill) the Owner has agreed with the Town to comply with the Ontario Fire Code with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning (Subsection 2.6.3.4); / .1' I " , , Page 34 (iv) the Owner has agreed with the Town to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto. HomeBuilder's Association in respect of construction of dwellings; (n) the Owner has provided written confirmation that all dwelling(s) to be erected on Phase 1 of the Development of the Lands or a Phase Subsequent to Phase 1 of the Development of the Lands in which the 10t(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule"W" hereto; and (0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Model Homes (1) Notwithstanding the provisions of paragrapb 4.6 of this Agreement, tbe Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the Lands, provided that: (a) each such application is in conformity with all By-laws of the Town, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Town as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this Agreement. (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Town's Fire Chief. (3) Any model home(s) constructed on the. Lands shall be used for sales display purposes only. and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. j" " Page 35 If such model home(s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Town may have under this Agreement, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Town that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Town harmless and indemnify the Town from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees, which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 Architectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "WI hereto. 4.9 Reguirements for Sale of Lands .. , Without derogating from any other provision of this Agreement the Owner shall not sell the Lands or anyone (1) or more portions of the Lands until each of the following conditions is satisfied: (a) the transfers of easements referred to in paragraph 2.4 have been registered in accordance with paragraph 2.6; (b) where a building permit has not been issued in respect of a lot(s) or block(s) shown on the Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser an enforceable covenant made directly with the Town by which such purchaser agrees with the Town, that prior to the issuance of a building permit for a building on the land in question, he will deliver to the Town, the Newcastle Hydro-Electric Commission, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Town, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefor is given to the Owner; .~~ , I ' ~ . Page 36 (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Town to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credits required by this Agreement have been deposited with the Town and all letters of credit deposited with the Town are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the 10t(s) or block(s) on the Plan which is entered into by the prospective purchaser(s) as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and without limiting the generality of the foregoing, are subject to the provisions of paragraphs 4.12(5), 4.12(6) and Article 6 in respect of the obligations of subsequent owners; 4.10 Requirements for Occupancy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respecting the issuance of any permit authorizing or permitting the occupancy of any building, the Owner shall not occupy or cause or permit any building on the said Lands to be occupied without the written permission of the Town (Gle "Occupancy Permit") ( having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: (a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received the application of the base course of asphalt, to the written satisfaction of the Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable T.V., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and . " , , Page 37 connected to the written satisfaction of the Director, the Newcastle Hydro- Electric Commission or the authority or company having jurisdiction over such Utilities and Services, as is appropriate; (d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; (e) either the Owner's Engineer has provided the Director with his written certification that the lot(s) or block(s), on which such building is located has been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to val}' the requirements of the Grading and Drainage Plan with respect to the lot(s) or block(s) in question; and (f) the building has been finally inspected and approved pursuant to the Ontario Building Code Act, the Ontario Building Code and the Plumbing Code. (2) The Owner agrees with the Town that prior to the issuance of a "Temporal}' Occupancy Permit" referred to in Section 4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director of Planning, has confirmed, in writing to the Director of Planning, that the dwelling in question has been constructed in accordance with the approved "Final Noise Impact Study" referred to in paragraphs 4.12(4) and 4.12(S) of this Agreement. (3) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may be issued a 'Temporary Occupancy Permit" to permit the occupancy of a dwelling in 'j't!~e event the Owner establishes to the satisfaction of the Director of Planning that it has not been able to comply with the requirements of paragraph 4.10(1)(e) by reason of seasonal, weather or other conditions which are considered by the Director of Planning, in his discretion, to be beyond the control of the Owner. Prior to the commencement of a permitted temporal}' occupancy of a dwelling, the Owner shall establish, to the satisfaction of the Director of Planning that the provisions of paragraphs 4.10(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall provide to the Town the written confirmation required by paragraphs 4.10(1)(e) within one (1) year from the date of the commencement of the temporary occupancy of the dwelling pursuant to a Temporary Occupancy Permit. Until such written certificate is provided to the Town, the Town may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. ,1 ., .. l. Page 38 4.11 Requirements for Park (1) Not later than the expiry of the forty-five (45) day period following approval of draft Plan of Subdivision 18T-88046 pursuant to Section SO of the Planning Act, 1983, and in any event prior to the issuance of the Authorization to Commence Works pursuant to paragraph S.10 of this Agreement, the Owner shall prepare and submit to the Director of Community Services for his approval a concept plan for the development of Blocks 338, 336 and 341 on draft Plan of Subdivision 18T-88046 which are called for the purposes of this Agreement, (the "West Bowmanville Parks"). The aforesaid master plan for the development of the West Bowmanville Parks is called the "Park Site Master Plan". The Park Site Master Plan shall show the location of all active and passive recreation areas, facilities and equipment, pedestrian linkages between Squires Gate and the aforesaid Blocks as well as vegetation including trees, landscaping, accesses, adjacent proposed uses and such other features that are directed to be included in the Park Site Master Plan for the West Bowmanville Parks by the aforesaid Director by written notice given to the Owner. The West Bowmanville Parks include a tot lot which shall be constructed and installed by the Owner on Block 107 shown on the 10M Plan (the "Tot Lot") in accordance with the Park Site Master Plan and a major park (the "Major Park") which the Owner shall construct and instal on Blocks 336 and 341 on draft Plan of Subdivision 18T -88046 also in accordance with the Park Site Master Plan. (2) Not later than the expiry of the forty-five (45) day period following the day on which the Director of Community Services gives written notice to the Owner that he has approved the Park Site Master Plan with any modifications thereto that the Director considers to be appropriate, the Owner will prepare and submit for the aforesaid Director's consideration and approval a detailed park layout plan, a play area layout plan, a grading plan, vegetation and tree planting plan, plumbing and irrigation plan, a plan providing for the construction and installation of other necessary services including drainage and electrical services, a furniture, equipment and fixtures plan, any necessary shop drawings, detailed specifications and a construction and installation schedule for and respecting the West Bowmanville Parks, all of which shall be prepared to standards and have a form and content satisfactory to the aforesaid Director. (These plans, drawings and specifications collectively are called the "Working Drawings and Specifications"). (3) The Owner shall not commence the construction and installation of the West Bowmanville Parks until the Director of Community Services has given the Owner written notice that he has approved the Working Drawings and Specifications, with or without such changes as the Director may require to be made to them or any of them. _I .1 . I( Page 39 (4) Not later than the day preceding the day on which the Director of Community Services gives written notice to the Owner that he has approved the Working Drawings and Specifications and authorizes the Owner to commence construction and installation of the West Bowmanville Parks in accordance therewith, the Owner shall obtain the insurance required by paragraph 4.11(10) and deposit with the Town's Treasurer a certificate that such insurance has been obtained before such construction and installation is commenced. The Owner in good faith shall commence and proceed to complete each of the West Bowmanville Parks with reasonable expedition in accordance with the approved Working Drawings and Specifications so that the construction and installation of the West Bowmanville Parks will be completed no later than October 31, 1992 in the case of the Tot Lot and October 31, 1993 in the case of the Major Park. (5) The Owner agrees with the Town that at no time before or after the commencement of the construction and installation of the West Bowmanville Parks shall the Owner store or cause to permit any other person to store topsoil and/or building materials on any portion of Blocks 338, 336 and 341 on draft Plan of Subdivision 18T-88046. The Owner will keep the Blocks 336, 338 and 341 in clean condition at all times during the construction and installation of the West Bowmanville Parks and until it is accepted by the Town in accordance with paragraph 4.11(8). (6) The provisions of paragraphs 5.12, S.13, 5.14, 5.1S, 5.16, 5.17, S.lS, S.20, S.24, 5.25 and 5.26 of this Agreement shall apply in respect of the construction and installation, and the completion and acceptance of the West Bowmanville Parks, with all necessary changes to such paragraphs being considered to have been made to give effect to the intent of paragraph 4.11. (7) The Parties acknowledge that the current estimated cost of the construction and installation of the West Bowmanville Parks is five hundred and fifty-six thousand ($556,000.00) dollars. Prior to the issuance by the Town's Chief Building Official of a building permit for the first dwelling proposed to be constructed on any of the Lands within the Plan, the Owner shall deliver to the Town's Treasurer an unconditional and irrevocable letter of credit in the amount of seventy-four thousand ($74,000.00) dollars which shall be increased to the total amount of five hundred and fifty-six thousand ($556,000.00) prior to the Owner applying or suffering or permitting any other person to apply for a building permit for the one hundred and first (101st) dwelling unit proposed to be constructed on the Lands (the "Park Letter of Credit"). The Park Letter of Credit shall be issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act and acceptable to the Town's Treasurer. The Park Letter of Credit shall contain terms satisfactory to the Town's Treasurer. On the day following the day on which the Director of Community Services gives written notice to the Owner that the West Bowmanville Parks have been completed in accordance I . ',. I. Page 40 with the approved Working Drawings and Specifications, the amount secured by the Park Letter of Credit may be reduced to such lower amount as may be considered by the aforesaid Director, in consultation with the Town's Treasurer, to be sufficient to provide adequate security to the Town that the Performance Guarantee for the West Bowmanville Parks will be performed by the Owner from the date of the aforesaid notice of completion until written notice is given to the Owner that the West Bowmanville Parks has been accepted by the Town in accordance with paragraph 4.11(8). The Park Letter of Credit is deemed to be a Performance Guarantee and a Security for the Maintenance Guarantee for the West Bowmanville Parks for the purposes of this Agreement. (S) The Owner agrees with the Town that the West Bowmanville Parks shall not be accepted or deemed to be accepted by the Town until (1) the Director of Community Services has given the Owner written notice that the construction and installation of the West Bowmanville Parks in accordance with the approved Working Drawings and Specifications has been completed, and (2) after the later to expire of the components of the "Park Maintenance Guarantee" (as hereafter defined), to expire expires, the Town has given the Owner written notice that the Town has accepted the West Bowmanville Parks. (9) The Owner agrees to replace at its cost any vegetation or trees which die or deteriorate significantly in quality in the opinion of the Director of Community Services at any time during the period of one (1) year following the day on which the vegetation or trees in question are planted. In each case the replacement shall be installed as soon as is reasonably practicable after the aforesaid Director gives written notice to the Owner requiring it to do so. The Owner also agrees to correct any deficiencies or defects or defaults in respect of the installation of any fixtures, furniture, equipment, installations, and/or services which are or should have been constructed or installed by the Owner on the West Bowmanville Parks in accordance with the approved Working Drawings and Specifications and in respect of which the aforesaid Director gives the Owner written notice of a deficiency, defect or default, provided that a deficiency or defect shall be corrected or remedied by the Owner forthwith after written notice thereof is given to the Owner by the aforesaid Director. The Owner's responsibility to correct a deficiency or defect a fixture, furniture or equipment terminates one (1) year following the completion of the installation of the fixture, furniture or equipment in question. (The Owner's covenants under this paragraph 4.11(9) in respect of both its components of (1) vegetation and trees and (2) defects and deficiencies are called the "Park Maintenance Guarantee"). (10) With regard to insurance in respect of the construction and installation of the West Bowmanville Parks, the provisions of Schedule "K" to this Agreement shall apply with all necessary changes thereto being considered to have been made to make them ., I, Page 41 applicable in respect of the construction and installation of the West Bowmanville Parks and the performance of the Park Maintenance Guarantee, provided that the aforesaid insurance shall be maintained until the director of Community Services gives the Owner written notice pursuant to paragraphs 4.11(S) that the Town has accepted the construction and installation of West Bowmanville Parks. (11) The provisions of Schedule "L" to this Agreement shall apply in respect of the construction and installation of the West Bowmanville Parks with any necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.11(11). (12) The Owner agrees with the Town that the construction and installation of the West Bowmanville Parks, with the exception of the plumbing, drainage and the irrigation systems, shall at all times be under the supervision of a qualified landscaped architect or qualified architect, approved by the Director of Community Services, who shall be retained by the Owner and who shall provide the aforesaid Director with his certificate that the West Bowmanville Parks has been constructed and installed in accordance with the approved Working Drawings and Specifications forthwith after he is of the opinion that the construction and installation of the West Bowmanville Parks has been so completed. (13) The design, construction and installation of the plumbing, drainage and irrigation system shall be under the supervision of the Owner's Engineer who shall provide the aforesaid Director with his certificate that the plumbing, drainage and irrigation systems of the West Bowmanville Parks have been completed in accordance with the approved Working Drawings and Specifications forthwith after he is of the opinion that they have been so completed. (14) The provisions of paragraphs 3.6,3.7,3.9,3.10,3.11 and 3.12 of this Agreement shall apply with the necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.11(14). (15) The Parties hereto understand and agree that nothing contained in paragraph 4.11 shall constitute a covenant by the Town to pass or not to pass Development Charge By-law under the provisions of the Development Charges Act. The Owner agrees with the Town that the Owner will not take any step to seek an exemption from the Town's Development Charge By-law if passed, or to seek or claim a reduction of or a credit in respect of tbe amount of the development charge imposed by the By-law which in any way is based on the expenditures made or to be made or the Park Letter of Credit to be given by the Owner in respect of the West Bowmanville Parks. Without limiting the generality of the foregoing, the Owner further agrees with the Town that if the Town passes a Development Charge By-law applicable to tbe Lands ~, 'II ~ II Page 42 which comes into effect and the development charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the Act), that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to such By-law nor complain under the Act of the development charge imposed by the By-law, or the amount that the Owner or any other person will be required to pay in respect of development of the whole or any portion of the Lands on the ground that the cost of the West Bowmanville Parks has been provided by the Owner, or such cost has been provided for in this Agreement, has or has not been included in the development charge or that the development charge should have been imposed in respect of a different defined area(s) of the Town or the whole Town. 4.12 Sllecial Conditions (1) The Owner shall implement those noise control measures described in the "Final Noise Impact Study" (as hereafter dermed) and the Abatement Measures referred to in paragraph 4.12(4) (2) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Town's Fire Chief. (3) In cases in which the well or private water supply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. (4) The Owner shall implement the specific noise recommendations contained in the approved Final Noise Impact Study for Phase 1 of Plan of Subdivision 18T-88046 dated January, 1991 as prepared by a.M. Semas & Associates Ltd. (the "Final Noise Impact Study") including those specific items noted below: " t l' ~ " " . Page 43 Summary of Recommended Abatement Measures Number Lot on 10M Plan Abatement Measures 1. 23 (lot 214, 18T-88046) 35L · (lot 202, 18T-88046) 37R .. (lot 200, 18T-88046) 37L · (lot 200, 18T-88046) 36 (lot 201, 18T-88046) Provisions for Central AIC Warning Clauses Nos. 1 and 2 2mm Single Glazing or any Standard Double Glazed Window 2. 2.4 Metre Noise Barrier Provision for Optional Central Air Conditioning Warning Clauses Nos. 1 and 2 2mm Single Glazing or any Standard Double Glazed Window The Owner acknowledges that a further noise report shall be submitted to the Region of Durham, The Town of Newcastle, and the Ministry of Environment for review and approval prepared in accordance with the Ministry of Environment guidelines which evaluates the impact of noise from the Canadian Pacific Railway and Regional Road No. 57 and recommends any necessary noise attention for each Subsequent Phase of the Development of the Lands. The approved noise attention measures of the additional noise report shall be implemented in each Subsequent Phase of the Development of the Lands. · L - Left side of Semi-detached Lot (from road) * * R - Right side of Semi-detached Lot (from road) (5) The following Warning Clause "1" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the Plan: Lots 23, 35L, 37R, 37L and 36. "Purchasers are advised that noise levels due to increasing road traffic may be of concern, occasionally interfering with some activities of the dwelling occupants." (6) The following Warning Clause "2" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the Plan: Lots 23, 35L, 37R, 37L and 36. t 't 1 '. Page 44 "This dwelling unit was fitted with a forced air heating system and ducting sized to accommodate a central air conditioning condenser unit. (NOTE: Care should be taken to ensure that the condenser unit is located in an area that is not sensitive to noise)". (7) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V" hereto. (8) The Owner shall implement the recommendations contained in the Pinal Noise Impact Study. Without limiting the foregoing, the Owner shall: (a) construct two and four tenths of a (2.4/10) metre high acoustical noise barrier fencing on the relevant lots and blocks referred to in the Pinal Noise Impact Study; (b) place on title appropriate warning clauses for each of the lot(s) or block(s) in question in accordance with paragraphs 4.12(5) and 4.12(6); and (c) by implementing the construction techniques described in the Pinal Noise Impact Study, construct each dwelling in accordance with that Study. (9) Any dead ends and/or open side of road(s) allowances shown on draft Plan of Subdivision 18T-88046 shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Town. Paragraphs 2.5 and 2.6 apply in respect of such transfers -Mth all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(9). (10) Prior to the issuance of a building permit for a dwelling proposed to be constructed on any of the lots referred to in paragraphs 4.12(4) and 4.12(8) the Owner shall provide its Acoustic Engineer's written certificate to the Director certifying that the builder's plans for the dwelling are in accordance with the Pinal Noise Impact Study. (11) The Owner shall reserve Block 332 on draft Plan of Subdivision 18T-88046 (Day Care Centre) for future development until such time as the Town is satisfied that the Lands are not required for stormwater detention purposes. (12) The Owner shall reserve Blocks 342 to 347 inclusive on draft of Plan of Subdivision 18T-88046 for the railway underpass and agrees to address construction of said structure to the satisfaction of the Directors of Planning and Public Works. (13) The Owner agrees to reserve Lots 60 to 79 inclusive draft on Plan of Subdivision 18T-88046 to provide options for possible future development of a separate , ~. .. .. " , . Page 45 elementary school site and access to a public park proposed as part of draft Plan of Subdivision 18T-90050. The lots required for school purposes shall be reserved for a maximum of seven (7) years, during which time the Peterborough- Victoria- Northumberland and Newcastle Roman Catholic Separate School Board and the Owner may negotiate a purchase agreement. (14) The Owner agrees that Blocks 328 and 334 on draft Plan of Subdivision 18T-88046 shall not be developed until such time that the "CPR Underpass Work" (as hereafter defined) has been constructed to the satisfaction of the Director and a "Certificate of Completion" (as hereafter defined) issued in respect of it. ARTICLE 5. PUBLIC WORKS 5.1 Town Works Required The Owner covenants and agrees with the Town, at the Owner's expense, to construct and install the facilities, services, works, improvements including oversizing of any of the foregoing and landscaping more particularly described in Schedules "G" and "P" hereto (which in this Agreement collectively are called the "Works"). From the date of the commencement of the construction and installation of the Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the maintenance of the Works including the cost thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Town. 5.2 Utilities and Services Required Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other authority or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "H" in the area in which the said Lands are located which provides for the matters referred to in Schedule "H". 5.3 Owner's Eneineer The Owner shall retain a Professional Civil Engineer, registered by the Association of Professional Engineers of Ontario (the "Owner's Engineer") who shall perform the duties set out in Schedule "I". Forthwith after retaining its Engineer, the Owner slt~.ll give the Director written notice of the name and address of the Owner's Engineer. The Parties acknowledge that G.M. Semas and Associates Ltd. has been retained as the Owner's Engineer. '. . . Page 46 5.4 Oesip of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with the Town's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as required by this Agreement (3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the Town any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.6 shall apply in respect of any such transfers of easements with all necessary changes to being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Town's Solicitor. At the time of delivery of each transfer of land to the Town, the Owner shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to the lands to which it applies. 5.5 Approval of En2ineerlne Drawines Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of all necessary drawings of the Works (the "Engineering Drawings"). If construction and installation of the Works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for his reconsideration and approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. 5.6 Approval of Gradin: and Drainale Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an appropriate Plan showing thereon the 1 .' $' Page 47 existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and 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 (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. If construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by tbe Director after any revisions required by the Director have been made to it, (the tlReapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading ,and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be constructed and installed in accordance with it. 5.7 Sta~n~ or Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare and submit to him a Works staging plan (the "Staging Plantl). Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Public Works and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in accordance with such approved Staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public Works. The Staging Plan for the purposes of this Agreement is tbe Plan contained in Schedule "G-l tI attacbed hereto provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to time with the written approval of the Director.. 5.8 Approval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, tbe Owner shall obtain the written approval of the Director of a draft schedule (the "Schedule of Workstl) which sets out the time at which, and the sequence in which, the Owner proposes to construct and install each of the Works, Utilities and Services which are required to be constructed and installed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the construction and . installation of the Works is to be staged in accordance with the Staging Plan, prior to the date of issuance of the Authorization to Commence Works for each stage provided in the . , , Page 48 Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works, Utilities and Services in such stage in compliance with the approved Schedule of Works, and any amendment(s) thereto which may be approved by the Director. 5.9 Approval or Works Cost Estimates and Stale Cost Estimates Prior to the issuance of any Authorization to Commence Works, the estimated cost of construction and installation of the . Works, (the "Works Cost Estimates"), shall be approved by the Director and entered in Schedule "J" hereto. In addition, if a Staging Plan has been approved pursuant to paragraph 5.7, the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be approved by the Director and entered in Schedule HJ" prior to the issuance of an Authorization to Commence Works in that stage. 5.10 Requirements for Authorization to Commence Works (1) The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, (the "Authorization to Commence Works"). The Owner shall only commence the construction and installation of those Works permitted by the Authorization to Commence Works. In addition to satisfying all the other requirements of this Agreement in respect thereof, an Authorization to Commence Works shall not be issued for any of the Works for which the Authorization is sought until the following conditions have been satisfied: (a) the final Plan of Subdivision of the Lands has been approved by the Region pursuant to the Planning Act, 1983; (b) the final Plan of Subdivision of the Lands has been registered against the title to the Lands; (c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as registered against the title to the Lands; (2) a copy(s) of the registered Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; (d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2, 3.3, 3.4 and 5.28 of this Agreement; (e) the Owner has delivered the transfers of easements to the Town and has paid the required cash in accordance with paragraphs 2.4 and 2.7 of this .. , . , Page 49 Agreement and the transfers have been registered against title to the appropriate portions of the Lands; (f) the Owner has delivered to the Town transfers of the lands and paid the required cash in accordance with paragraphs 2.5 and 2.6 of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Town letters signed on behalf of the Newcastle Hydro-Electric Commission, and/or other authority or company having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained an Engineer in compliance with paragraph S.3 of this Agreement and has confirmed the name and address of its Engineer to the Director in writing; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; G) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this Agreement; (k) the Owner has received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; (I) the Owner has received the written approvals of the Director of Public Works and the Director of Planning of the Staging Plan as provided in paragraph S.7 of this Agreement; (m) the Owner has received the written approval of the Director of the Schedule of Works as required by paragraph 5.8 of this Agreement; (n) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this Agreement; (0) the Owner has deposited with the Town the Performance Guarantee required by paragraph 3.6 and the other provisions of this Agreement and has made I . ., . I. , Page 50 all cash payments to and deposited all letters of credit with the Town as required by this Agreement; (P) the Owner has deposited with the Town all policies of insurance or proof thereof required by paragraph 3.9 and Schedule "}(" of this Agreement; (q) the Owner has paid all costs required to be paid to the Town by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; (r) the Owner has made all payments to and deposited all letters of credit with the Town in respect of the External and/or Oversized Services that are required by paragraph S.27 of this Agreement; (s) the Owner has deposited with the Director the Certificate(s) of Approval issued by the Ministry of the Environment with respect to the watermain, sanitary and storm sewers for which Authorization to Commence Works is sought; (t) the Owner has deposited with the Director a copy of the written approval of the Ministry of Natural Resources for site drainage and a soil erosion control plan that shows all proposed surface drainage works and describe the means to minimize on-site erosion and sedimentation, both during and after construction; (u) any proposed alterations to the existing watercourses have been approved by the Ministry of Natural Resources pursuant to the Lakes and Rivers Improvement Act and written confirmation thereof has been deposited with the Director; (v) prior to the commencement of site preparation of the Lands in question, the Owner has obtained the Central Lake Ontario Conservation Authority's approval of a one hundred (100) year storm overland flow routing for the Lands and has deposited with the Director written confirmation thereof; (w) prior to the commencement of site preparation of the Lands, including rough grading of road(s), the Owner bas obtained the Central Lake Ontario Conservation Authority's approval of sediment control and grading plans for the Lands and has deposited with the Director written confirmation thereof; and / . " , , Page 51 (x) the Owner has deposited with the Director, the Owner's agreement to notify the Lindsay Ministry of Natural Resources at least forty-eight (48) hours prior to the initiation of any grading, excavation or construction of Works or developments of the Lands. (2) Notwithstanding the provisions of paragraph S.10(1), the Owner may commence the construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph S.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), (j), (k), (1), (m), (n), (0), (P), (q), (r) and (s) have been satisfied by the Owner. In such a case, however, a Certificate of Acceptance of the Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Acceptance have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Town that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might have to compensation by or damages from the Town that he might otherwise have as a result of its construction and installation of any of the Works. 5.11 Requirements for Commencement of Subsequent Staaes of Works Notwithstanding any other provision of this Agreement, if the Director has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage defined in the Staging Plan. H the Town has issued an Authorization to Commence Works for a particular stage defined in the Staging Plan, an Authorization to Commence Works for any subsequent stage of the Staging Plan shall not be issued until: (a) the Stage Cost Estimates for such stage has been approved by the Director and entered in Schedule "J" hereto; and (b) the Owner has deposited with the Town the Performance Guarantee applying to the stage for which the Owner is seeking such Authorization to Commence Works. 5.12 Inspection and Stop Work The Owner sball ensure that every contract that may be made by the Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Town may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders given by the Director pursuant to this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give ,. , , Page 52 the Owner, if it does not retain a contractor, or if it does, the Owner's contractor, a written order to stop any work that is being undertaken if, in the Director's opinion, either the work is not being undertaken such that a completed construction and installation of the Works satisfactory to the Town in accordance with this Agreement will result, or if the Performance Guarantee required to be provided pursuant to this Agreement in respect of the Works is not maintained in good standing. The Owner and the Owner's contractor shall comply with the stop work order forthwith on it being given by the Director. 5.13 Construction in Accordance with En&ineerine Drawines (1) The Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "L". (2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and refuse until all Works contemplated by this Agreement including the "Storm Sewer Work" (as hereinafter defined) have been completed. After the expiry of twenty- four (24) hours following the giving of written notice requiring the Owner to do so, if the Owner has not performed its obligations under this paragraph 5.13(2), the Town may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the Owner written notice of the amount of the deduction in question. 5.14 Sequence of Construction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefor set out in the Schedule of Works. 5.15 Completion TIme for Construction of Works Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall 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 which may be completed later if done so in accordance with the provisions of the Schedule of Works. / . . . Page 53 5.16 Minor Additional Work Until the conclusion of the Maintenance Guarantee Period referable thereto, if in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of any of the Works, the Owner, at its cost, shall co~truct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 Incomplete or Faulty Works and Liens (1) H, in the opinion of the Director, the Owner is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it will be completed within the time specified for such completion in the Schedule of Works, or if the Works are being improperly constructed or installed, or if the Owner neglects or abandons the said Works or any part of them before completion, or unreasonable delay occurs in the execution of the same, or for any other reason the Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Agreement, or the Owner neglects or refuses to reconstruct or reinstall any of the Works which may be rejected by the Director as defective, deficient or unsuitable, or the Owner in the opinion of the Director otherwise defaults in performance of this Agreement, then in any such case after receiving the authority of the Town Council, the Director may give the Owner notice in writing of such default, neglect, act or omission. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays, after the giving of such notice and the expiry of such additional period as may be specified in the notice given to the Owner by the Director, the Town, at the cost and expense of the Owner, may employ a contractor or such workmen and purchase such services, supplies and/or services as in the opinion of the Director are required for the proper completion of the Works in accordance with this Agreement. In cases of an emergency, as determined by the Director in his discretion, any deficiency(s) or defect(s) in the Works, or any failure to complete the Works in accordance with this Agreement, may be corrected or remedied by the Town at the cost and expense of the Owner without prior notice to the Owner, provided that forthwith after the Town so acts, the Director shall give written notice to the Owner describing the emergency, the action taken by the Director, and the cost of correcting the deficiency or default in question. The cost of any work which the Town undertakes under this paragraph 5.17(1) shall be determined by the Director in his discretion and his decision shall be final. It is understood and agreed by the Parties that the cost for which the Owner is responsible under this paragraph 5.17(1) shall include a management fee to the Town either of thirty (30%) percent of the contractor's charges to the Town (including any charges for overhead and profit) or, if such work I " . , Page 54 is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town to complete the Works in question. The Owner shall reimburse the Town for the cost of all Works, and the cost of correcting or remedying all deficiencies, defects and defaults pursuant to this paragraph 5.17(1) which have been incurred by the Town forthwith after the Director gives the Owner written demand for payment of such cost. (2) In the event that any construction liens are filed under the Construction Lien Act, such filing(s) shall constitute a default in performance by the Owner of this Agreement. In any such case, the Director may notify the Owner in writing of such default. H the Owner fails to discharge the lien claimant within ten (10) business days, excluding Saturdays, after the giving of such notice, or within such further period of time as may be specified in the notice, then the Town may pay the full amount of the claim and costs into a Court of competent jurisdiction. The Town is hereby authorized by the Owner to draw on and appropriate the whole or any portion(s) of the Performance Guarantee to indemnify the Town against the costs and expense so incurred by the Town. In the event that the Town draws on and appropriates any portion of the Performance Guarantee to satisfy the claim of any one (1) or more construction lien claimants and costs, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this Agreement. S.18 EntIY for Emer2ency Repairs In addition to the Town's other rights under this Agreement, the Owner acknowledges and agrees that at any time and from time to time, employees or representatives of the Town who are authorized by the Director, or contractors retained by the Town may enter on the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of the Works by the Town, nor an assumption by the Town of any responsibility or liability in connection therewith, or a release by the Town of the Owner from any of its obligations under this Agreement. 5.19 Damage to Existing Services Forthwith after written demand therefor is given by the Director to the Owner, the Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any property or services of the Town, the Region, or any utility authority or company or (the "Damaged Services") including without limiting the generality of the foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost r , . Page 55 of relocating any Damaged Services, caused by or resulting from the development of any one (1) or more portions of the Lands, or the construction or installation of any of the Wor~ provided that all such repairs and or relocation(s) are completed to the satisfaction of the Director, the Region and the relevant utility authority or company which owns or is responsible for the Works, property or services in question. In addition, the Owner agrees with the Town, at the Owner's cost, to relocate any of the Works constructed or installed pursuant to this Agreement which are located in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway in question, forthwith after being given written notice by the Director requiring the Owner to undertake such relocation. 5.20 pamaie to Neil:hbourine Wells (1) Prior to the commencement of and during the period of construction or installation of the Works, the Owner shall cause to be carried out, at its expense, the ground water monitoring program which has been approved by the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The draft Monitoring Program shall be submitted to the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the timing, form and addressees of the report of the Hydrogeologist's analyses and findings to the Town, as well as such other matters as the Director considers to be appropriate. After the draft Monitoring Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the "Monitoring Program" for the purposes of this Agreement. (2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the Hydrogeologist 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 shall 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 implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner shall 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 connection with or in implementation \ Page 56 of the Monitoring Program which previously have not been provided to the Director pursuant to this paragraph 5.20(2), 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 Director by this paragraph 5.20(2), have been provided to him. In addition to the foregoing, the Owner shall cause 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. (3) H after considering a report thereon from the Director in this regard, Town Council determines that the well or private water supply of any person(s) 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 of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of the completion of dewatering), in the opinion of the Town Council, the Owner shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); or (b) where in the opinion of the Town Council the interference to a well or private water supply is of a long term duration, , at the option of the Owner and at its cost, the Owner shall connect the affected party's property to the Town water supply system or provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(s) prior to the interference, as may be required by the Town Council by written notice given to the Owner. (4) H the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall 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 the Town Council, after considering a report thereon from the Director, decides that the well or private water supply in question has not been interfered witb 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 5.20(3), as the case may be. I '\ l) , Page 57 5.21 Use of Works by Town The Owner acknowledges and agrees that any of the Works may be used by the Town and such other person(s) who is (are) authorized by the Town for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Town and other person(s) authorized by the Town may enter upon the portion(s) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the said Lands is occupied, the Owner, at the Owner's cost, sball maintain each road(s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate " access to all occupied buildings; and (c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain, to the satisfaction of the Director. (2) The Town agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of Acceptance of such road(s) has been issued, provided that until the road(s) are assumed by the Town, the Owner shall pay to the Town one hundred (100%) percent of tbe costs of snowploughing and sanding such road(s), as determined by the Director, from time to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repairs or maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the approval or assumption by the Town of the road(s) in question. The road(s) / " Page 58 shall not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Town Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the proper Land Registry Office. 5.23 Ref1uirements for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not be issued until: (a) 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 Engineering Drawings; and (b) the Town is satisfied in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works, that there are no outstanding construction lien claims for payment by contractors, subcontractors, suppliers of services or materials or workmen relating to the construction and installation of such Works. 5.24 Requirements for Certificate of Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written certificate that they have been accepted by the Town, ("the Certificate of Acceptance"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Acceptance shall not be issued until all of the Works that are proposed to be covered by such Certificate of Acceptance 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 relevant period set out in paragraph 3.10(3) of this Agreement, all deficiencies and defects in the Works have been corrected by the Owner, and the Works should be accepted by the Town. / Page 59 5.25 Ownership of Works by Town For greater certainty, the Owner acknowledges and agrees that the Town is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper I..and Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Town with written confirmation that at a date not earlier than the end of the longest of the maintenance periods set out in paragraph 3.10(3) for any of the Works, he has found, placed or"~placed all standard iron bars shown on the registered final Plan of Subdivision of the Lands and has found, placed or replaced all survey monuments at all block comers, the end of all curves, other than comer roundings, and all points of change in direction or road(s) on such Plan; and (c) Town Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the Owner in respect of the Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner's obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. Page 60 5.27 External Services (1) The following external services are defined and described in Schedule "G" or Schedule "P" hereto: - Regional Road 57 Sidewalk and Street lighting (Schedule "P") - CPR Underpass Work (Schedule "P') - Oosing of Martin Road (Schedule "P") . Tributary Stormwater Management Works (Schedule "G"). They are referred to collectively in this Agreement as the "External Services". (2) The Owner shall construct, install and maintain each of the External Services in accordance with the provisions of this Agreement. The preliminary estimated cost of each of them is set out in Schedule "P". The Owner acknowledges and agrees that it will pay the total costs of each of the External Services. The Owner will not seek any credit or rebate of any part of the estimated or total costs thereof whether from or in respect of a charge imposed by a Development Charge By-law which the Town Council may pass pursuant to the Act, or in any other manner, or for any other reason. (3) The Owner further agrees with the Town that if the Town passes a Development Charge By-law applicable to the lands which comes into effect and the development charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the Act), that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to. such by-law or complain under the Act of the development charge imposed by the By-law, or the amount that the Owner or any other person will be required to pay in respect of development of the whole or any portion of the lands on the ground that the cost of any of the External Services referred to in paragraph 5.27(1) have been provided by the Owner, or such cost has been provided for in this Agreement, or has or has not been included in the development charge, or that the development charge should have been imposed in respect of a different defined area(s) of the Town or the whole Town. 5.28 Financial Contributions for Certain External Works On the execution of this Agreement, the Owner shall pay to the Town the sum of one hundred and twenty-six thousand, seven hundred and eight-six dollars and two cents ($126,786.02) as the Owner's share of the "Highway No.2 Sidewalk and Streetlighting Work" as defined and described in Schedule "P-l" hereto. The fourth sentence of paragraph 5.27(2) and paragraph 5.27(3) apply in respect of such payment with all Page 61 necessary changes to it being considered to have been made to give effect to the intent of this paragraph 5.28. 5.1' ~urity for CPR Under:pass Work (1) With respect to the "CPR Underpass Work" (as hereafter defined), without derogating from the provisions of paragraph 5.27 of this Agreement, the Owner agrees at its cost to commence to construct this Work no latertban the day on which an application is made for a building permit for a building which is or includes the 661st dwelling unit proposed to be constructed on the Lands and to complete the same in accordance with the provisions of this Agreement. (2) The eurrent estimated cost of the CPR Underpass Work is three million (53,000,000.00) dollars (the "Starting Estimated Cost"). The parties acknowledge that on the execution of this Agreement the Owner's Engineer is preparing preliminary engineering drawings and first revised Works Cost Estimates for this Work. The Owner shall submit the aforesaid preliminary engineering drawings and revised Works Cost Estimates to the Director for his consideration and, if appropriate, his approval no later than the day on which the Owner applies or suffers or permits any person to apply for a building permit for four hundred and first (401st) dwelling unit proposed to be constructed on the Lands. The Parties acknowledge that the aforesaid revised Works Cost Estimates when approved by the Director (the "Revised Estimates") may estimate the cost of the CPR Underpass Work either at an amount equal to the Starting Estimated Cost or the "Adjusted Starting Estimated Cost" (as hereafter defined), as the case may be, or at an amount which is in excess of, or is less than the Starting Estimated Cost or the Adjusted Starting Estimated Cost whichever is applicable. On the day that the Director gives written notice to the Owner that he has approved the Revised Estimates, they shall be deemed to be substituted for the Starting Estimated Cost for the purposes of this Agreement. (3) The Starting Estimated Cost and when they are replaced the Revised Estimates shall be adjusted on the dates (the "Adjustment Date") specified in and in accordance with the Composite Southam Construction Cost Index (Ontario Series). (The Starting Estimated Cost and the Revised Estimates as so adjusted from time to time are called in this Agreement, the "Adjusted Starting Estimated Cost" and "Adjusted Revised Estimates", respectively). In the case of the Starting Estimated Cost, the first Adjustment Date on which the Adjusted Starting Estimated Cost shall be determined is the Adjustment Date which immediately follows the da.Y as of which this Agreement is made. In the case of the Revised Estimates the first Adjustment Date on which the Adjusted Revised Estimates shall be determined is the Page 62 Adjustment Date which immediately follows the day on which the Director gives written notice to the Owner of his approval of the Revised Estimates. (4) No later than the day on which the Owner applies for a permit or suffers any person to apply for a building permit for the six hundred and sixty first (661st) dwelling unit proposed to be constructed on the Lands, the Owner shall submit to the Director for his consideration and if appropriate, his approval the second revised Works Cost Estimates for the CPR Underpass Work. The parties acknowledge that the second Revised Works Cost Estimates after approval by the Director (the "Second Revised Estimates") may estimate the cost of the CPR Underpass Work at an amount equal to the Revised Estimates or the Adjusted Revised Estimates, or at an amount which is in excess of, or is less than the Revised Estimates or the Adjusted Revised Estimates, whichever is applicable. On the day that the Director gives written notice to the Owner that he has approved the Second Revised Estimates, they shall be deemed to be substituted for the Revised Estimates and the Adjusted Revised Estimates for the purposes of this Agreement. (5) The Second Revised Estimates shall be adjusted on the Adjustment Dates (As so adjusted from time to time, they are called in this Agreement the "Adjusted Second Revised Estimates"). The first Adjustment Date on which the Adjusted Second Revised Estimates shall be determined is the Adjustment Date which immediately follows the day on which the Director gives written notice to the Owner of his approval of the Second Revised Estimates. (6) Notwithstanding any other provision of this Agreement, on the execution of this Agreement the Owner shall deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's Treasurer and containing terms satisfactory to the Town's Treasurer, in the amount of five hundred thousand ($500,000.00) dollars (the "Security Deposit") as security for its covenant to construct and maintain the CPR Underpass Work in accordance with this Agreement. Prior to the application for each of the following building permits for dwelling units proposed to be constructed on the Lands, the Owner shall increase the amount of the Security Deposit deposited with the Town's Treasurer as follows: If STARTING ESTIMATED COST IS IN EFFECT Prior to Application for the Building Permit Which Is or Jncludes Dwellins Unit No. Required Increase in tbe Security De.posit 133 267 $1,000,000.00 $1,500,000.00 Page 63 401 535 661 $2,000,000.00 $2,500,000.00 $3,000,000.00 IF STARTING ESTIMATED COST IS NOT IN EFFECT Prior to Application for the Building Permit Which Is or Includes Dwellini Unit No. Required Increase in the Security De,posit 133 1/3 times the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect 267 Y.z times the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect 401 2/3 times amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect . 535 5/6 times the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect 661 one hundred (100%) percent of the amount of the Revised Estimates, the Adjusted Revised Estimates, the Second Revised Estimates, or the Adjusted Second Revised Estimates, whichever is in effect. (The required increases in the amount of the Security Deposit are called the "Required Increases in the Security Deposit"). (7) For greater certainty, if the Revised Estimates are in an amount that differs from the Starting Estimated Cost, or if the Second Revised Estimates are in an amount that differs from the Revised Estimates or the Adjusted Revised Estimates, whichever is applicable, the amount of any such difference shall be distributed in equal parts among the aforesaid Required Increases in the Security Deposit which then remain to be paid. (8) Paragraph 5.27(3) shall apply in respect of the CPR Underpass Work and in respect of the payments provided for in paragraph 5.29 with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 5.29(8). Page 64 ARTICLE' . COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all Provincial regulations of general application and all by-laws of the Town and the Region. ARTlI;LE 7 . RESPONSIBILITY OF SUBSEOUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its cost: (a) it shall be responsible for providing and maintaining adequate drainage of surface waters from such lot(s) or block(s) in accordance with the approved Lot Grading and Drainage Plans referred to in paragraph 5.6 herein; (b) it shall be responsible for compliance with the terms of paragraph 4.6 "Requirements for Building Permits" of this Agreement if, at the date of issuance of the Certificate for Release, a building permit has not been issued for the lot(s) or block(s) in question; and (c) it shall be responsible for the maintenance of fencing required in Schedule "G" and paragraph 4.12(4) of this Agreement. ARTICLE 8 . TIME OF ESSENCE Time is of the essence of this Agreement. ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT The Owner and the Mortgagee acknowledge and agree that the Town has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner and the Mortgagee as aforesaid. , . Page 65 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: We have the authority to bind the Bank. The name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out in Order-in-Council P.C.199O- 2221, a copy of which is attached to instrument registered as No. 162641 on the 2nd day of November, 1990, in the Land Registry Office for the Land Registry Division of Newcastle (No. 10). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WEST BOWMANVILLE DEVELOPMENT LTD. Name: (,j..ULVo-\ ~Jl Name: Title=r- MARTIN ROAD H Name: W-Ulk-t -S 1)4I}~U -f~-- Name: nti~: ROYAL BANK OF ~/~ Robert Louis Stevens . , ' Page 66 SCHEDULE wAw 11I1S SCHEDULE IS SCHEDULE wA W to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. ~EGAL DESCRIPTION OF LANDS All and Singular that certain parcel of land and premises, situated, lying and being in the Town of Newcastle and the Regional Municipality of Durham, and being comprised of Part of Lots 15 and 16 in Concession Number 1 of the Geographic Township of Darlington, more particularly described as Part 1 on plans of survey deposited on record in the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land Registry Office") as Parts 1 on Plan lOR-2654, and Parts 1, 2, 3, 4 on Plan 10R-3767. . , , 1 Page 67 SCHEDULE "B" nns SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town .- Newcastle, enacted and passed the 24th day of June, 1991. PLAN OF SUBDMSION (Insert reduction of Plan 1ST -88046) , :z'J.' ,. , , (,25 qc j '\ 1 ' : ':-., I t~a~ '..J // ! ; .... r.~ i.:.\J C;:]~ J.:.*;/,//rll1,\'lrJ' .':ElJrR/~" . 'l'l("'--'-'-'--~"O-""--'-" \~ ~ t...~. ..~ _,:C .,. . -. -. (:.., ."' Q ozn:-... . - :::::::-<-.-=-...;..;.a...;....:......-a-;~=::,: '.. ..:.~'., ~ 'II .,C', .,~" /8977l '":;~-'~~~.=-lL . .... _:!:-,~"'A' ll,... "~~~T~'"" ".....,~,,_;~.\,.; !>~ .1 .' '0)0-'-' I '. '- '.:~-t. '.'t.. ~::'ii"r--, <'. . ,."~r' ~~J \ '.< - . .~ - ~"~ " :. ".~-.: ~~. L-1 . .: tSi).-B "It ! '_ , . 0 '- _ ............-..... "';".,~f.:'E'J,.."..: t J ,.(..7 .,\t Ji) 1"':-:) (" I ,." - -" -.--.--.-..:..~~,- ":'~.')b\~~!i;! I ~ .;;~ t... . - ,'" "~l,::-' '.... ....\J~(?r . ;.-..... f 'V..~ '........ (-_-- r-"'~) ! II I ":-; , "'~,~ ~:J -T p;:' '. ~_.' t; , : , :>".." ',' ~. :,;I? - 4:2 . " ;!:;-J I _. ~ll ':. ". '" A{J/;/T/tm.Sl. 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'j(: \ -?. --:---::-''-/ ~tr-- f/:....-= Ii It=- .. ../io.. l':'YY~ " :'11'1 .....r:r.. -- . \---,~~ OWNERI AIITllOlIIZATIOM Ii 1'" "M / ;<....-........ ~//,;'~~ ~~. I.."'~ ~.I-JJiT-nlTnF-r.I::.~:: .. :!~""!!.~_~~.:..L.O It -. · :d.:lf .....~...__:\:'.<'a ~'. ~~~:.I,E""" ~ .:."?t'-l:! Wlf~Jl..J' ~"~f5'" ~.1 :::.:.-=:.:..",:,,:,::.:-::::_ J I ;.-:" ,_... *'. .~"\II e-.)'.; ~~~ - ~ '. '"....: LIJ~~] ~~=-' ~ 0' ".......-......... ...-. I I ._, _ "'j' \ ~ft-"" ... '. "'_:'1:"__"~ . 0 ~..\ . , I .....,i1.~ V ~/ ,'\ ':. :::1 "'-, cr. I t'J.... ~ ... "". r ~." # .-.. ,,;. \ " , . 1--1 i=r ~ { , , " /-=" ( , ~'\ ... .:!!...~.:) L~-:.._~~ ~ DO I ~;I , \;: ,r=- ..~' Il.Oa< to' ~,'t~::~.7' ,.~T:! ~._ I J. I I . I I ::';'tt~:ti ' PARK ~ 7' .[:-=-~) II f-:~-",,' ~. 0' Cl I' , , I .....-. .~ I Me.. "" 'jJ~' '----\1I---- 0 I \, ~ I I It=- I ,....;H I~ ,:t,,!,1 !!,"/ I,_--\~~~::.::. 0 0; 't ' . I I I I I I --;;-r '1l"K}i \- - -,T. ,'..... --. 0 0 ,. ". I, IM"",,,,.,i',,,":..w ".".......f . -::ff i ~~:m.' ,. \__-\'.4), .<> I . . ,.~..."'t,,.'Ar"" .....,oJ,,,,, I ~ 'CD, ~ \ ./ i ...',- ,'...... ' , 0 I ' .... I I I I '''''.' I I . ~ ~1 ..!!. 'J I'" I \ \ I 0 '., ,.', , I I I I I I ~ I ~,,:' I' I . Ii \ \, :: . '= ,I "'. J \ ~ 1 i \ \ .."....:.,#! _______ "'0 "',III, ...-..-...., l_ .J L, ..J I ;':':' :'-'" ~...INN~!I I II .i .."." I' I I . I '_----. : -.- ---~._.... .~ t;'''' I 1,1\ · ! .:,~~;~," 1 'J' IJ . ~~.,.I'"f...::.~.~~.:;-.......~"':.....I!'~~,,;-.!I::.~~~;~.~~::. .. ~~~~~3;==~~~~_! .~---:_-. iiiU-U O',~"Pkt"S.N".,"v d,~ . ... ~-,.._.- T.---.;.--.-:!!t?""'i ~'~--I';':l"'''''' ,r ,roo.! C')!",' __~ __..._.....___.. 11000 """"'.0 I . 'lnal'-'. I ... '.1 ~~ k KEY PLAN 0.... ~, r:":"'')'''--._-" """~- f} ~- i" ...,..,""'" .................IlIllI.""......... . .... .. .. -, .. ... ,.......... .. .. ...... ...... ........-.fIPlt...... _trIIIll "- to".".t, lOIIt.tIt4. PlaI> lOfIl.a~.. III....M~ "'''''lliolOLI "". Dtt..7..... 11"0 "'4" 9"lo. /.~ "'" I *-.-~",.o-......"",- .,......- _..OM.,I.,~. "-,....,,,...., 18T -88046 :~.:./~' ~ OlIAFT PUll 01 PROPOStD SUBllIVISlOII PAllT " LOTS 15 a 16 CONCESSIOM I ::.-:l: :: = :::- _M 01 ....wr..." t ......utvlol ~ REIl10NAl MUII1C1PAUTY of OURHAM . l .. l , , 1 I G~ Page 68- (Insert reduction of the 10M Plan For Phase 1 of the Development of the Lands) \;) --------=~/ ( /' \.-~ ~ --- \ /"\ ___ /' "..;'P:'.l" I fIJXK "7 \ \ ..._ I ( .... --. \ ",.."..~ / / \- J AVENUE / \ HARTWELL !! / ~ /'6 '~~~V '5 \. ," /~/ I / / ; 4:~ /~ ~ + ~/ \ \ \ \ Q I' -..~ . __ ..llt.. -- ... . -- .... : = ::: ~ == ::: . .... -.- . __ aM- : = ::: ...- ... : -= ::: 5. -= :;i ... .... ! .a :il : == ::: E:_::_ i! Hi ... .... -- .... ... .,.. == I!: == ... =:... 5= E:: a_ ... ii ::1 ii i:= -- .~: -- ::: ii Iii 1111 LOT ~ ~ ~ . .-. .... .- =: .... ::: ..- =: .- .... .... :t'l . loll .... 4M If" .... .... :m .... .... .... ..... ..... .... .... .... =: .... -.. .... -- =:: .... ... .... 1= .- ii 'ii :- ':11I CONCESSION .... .no ~~ .... ::: -... .- :: ..- ~= :: ... :a :'" .... .... .... ... ~= ... .... ~i ~~ :::. .... - ~: I .... ... ....- . .... .t . Ii.... . .... :::: :1 . ,. .., ....... . .... I -.-.. . .... ..... . "". . .n.., . ..... ..... . ..... ..... . _.., . _.at. ..... ...- . ..... ..... :1::1 . ...t .. .... . ..... ...... : 1;:1 ....., . ..".. . or If ... . .... an... : :::1 . ._"1 ..... ..... . .... ... ..t . . . ... i !Iil . .It., II. .....1..11 i 11 --------- I .'" ~ g!: 51- -I "i ~, . ;< .. ,~ .;~ IIn-K. . . III.llC)C 1012 ......... Il.DCK ICIl Me... .... CRESca.rr ' ~. 'AR7 ! or .. It !IUXX 98 .......... ; e I LUTTRELL ..., Ita... DON .........f .....~- ,...r 1'1.,," 10 R' 2047 SURYE'IlllfS CERTIFICATE .ea...,........ ,......".__fUlt..COiIIIIIlCt.....~ ....... ..,...en ct..... .... 'lUa -~ ...... .........- ... .....- .......... .....~u..o........ ..- 'I ~~ L ... ------------ -......----------- II-It.....'" --- .... ~o;: ".(~=-tJ". 'JlCllr BAS[ UNE ROAD . qJrfVf '"'" 1Mf """" _. _ --........ ~JI aclllfC_LO If .... u.te .....,. -ClmCt ,. 1M. ... nniI IlWtt. " JC\IlC.UfLtt"'lOllir. ......_..;o.a.ou.Ciirt 'nC-......JJAYtJI__.._.........'.. .... '.-. .___" IIlC"'fl. 'M ..MCI&..____....sr:Claot______...... MCUM!) c:Dfrd(Nn .IND ..'-.,n... IlGdTUfD" "'.. OlXUMOrT III ______4 . "'. .._-..-......-7-- ;" ~ _ IIL_--...-...................,,,,......... .... - . --- : r ~. PLAN (I SUBOlVlSlOll OF PART a: LOTS 15 AND 16 CONCESSION , 1"'- ___ aF_.CD.Hrt <6_ NOW IN lliE TOWN Cl' NEWCASTLE REGIOHAI. MUNICIPALITY OF OURHAM SCAlE "1000 . .., ----- - ...0. \lAIlNE$ UMlTED' 1ft, METRIC Nt............... 'fl'" ... _ _.... ... <<M . c:DIf'It..... nlf .,........._ NOTES .........,. ............... -...........,...... .,..... . _.. J\JllI ...~,.,....... ....., . .,....""'. . -- :. =: :: =: ... .....a ....... ...........t.... ..... ......, ~ :."'-= .... ... ...',...... .. ..... .6A.1 ..~~ ,. !. 0WNfJl'S cemFlCA7E ... .... ......,. . ~..,..t__""""1 .... _ ......IIQIIIIIIII. ... ....1'................. .... QI&,..c-... ~=-=~r=~~ 11M.. . ~*::~~~.."'~= ~.:.-=- .................................. COII"''''_ ...._..OC.c.t.ftU....ttc If...,--... _u 1IoGUI...................... 1lt_ ............. ........ ~.. ..-.- "NIUe ...... .... '. l;.:. WEST IlOWMANVIU.E DEVELDPMENt$ LTD -Utii'.._..~- MARTIN IlCWl HOUlIIIGS t,. .~"f:iiiI---_.- ......... .... ..... 10 ., .. ....... M. ..... -"'~ It_. ~."."'-lolt .AollMr......." .,.._ ...... ..... ._~wtCJIf.D'..Cw.........,.......... ~." ..... .. ......... .......- ......" .-... ..~..., ..~"- f ~ .........0..,.. .......... (1M l; . J.D. BARNES "i:hI.V- lLRY01IIO ......... l.AND _lIQIt_ IWflCf r:I f*lIrt. . ..... .~ . ~-.. .... . '..... ' &-. "' .......... t.. :'. > t. ,. ....... .. ~~.......... . , . , , j 7( Page ~ SCHEDULE "c" nlls SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. CHARGES AGAINST LANDS (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charges (Paid prior to Execution) (Paid prior to Execution) (Paid prior to Execution) I' , . . . , , , 7^- Page 7t)- SCHEDULE liD" nns SCHEDULE IS SCHEDULE liD" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. DEVELOPMENT LEVIES Without fettering in anyway the Town Council in the exercise of its discretion to pass a Development Charge By-Law under the Development Charges Act, 1989, which imposes a development charge as permitted by that Act in respect of the development of Lands in all or part of the Town including the Lands, after the date of this Agreement, the Owner agrees to pay to the Town amounts of money (the "Development Levies") calculated by multiplying two thousand, nine hundred and seventy-four ($2,974.00) dollars by the number of single family dwellings or semi-detached dwellings and by multiplying two thousand, seven hundred and thirty ($2,730.00) dollars by the number of townhouse dwellings which the Owner proposes to construct on the Lands. The Owner shall make the following payments on account of Development Levies to the Town in the aggregate amount of six hundred and seven thousand, nine hundred and ninety-four ($607,994.00) dollars in respect of Phase I of the Development of the Lands consisting of fifty-five (55) single family dwellings, seventy-six (76) semi-detached dwelling units, and eighty (80) townhouse dwellings is payable on the occasions set out below: Phase I of the Development of the Lands (a) Twenty-five (25%) percent of the aggregate amount of Development Levies being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,998.50) on the execution of this Agreement. (b) Twenty-five (25%) percent of the aforesaid aggregate amount, being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,998.50) on the date of the issuance of the building permit for the first (1st) dwelling unit proposed to be constructed on the Lands. (c) Twenty-five (25%) percent of the aforesaid aggregate amount, being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,998.50) on the first (1st) anniversary of the earlier to occur of the date of issuance of the building permit for the first (1st) dwelling unit proposed to be constructed on the Lands, and on the date of issuance of the building permit for the one hundred and sixth (l06th) dwelling unit proposed to be constructed on the Lands. I' . . 1 7} Page 7T (d) The remainder of the aforesaid aggregate amount, being one hundred and fifty-one thousand, nine hundred and ninety-eight dollars and fifty cents ($151,99850), on the expiry of the twenty-four (24) month period commencing on the earlier to occur of the date of issuance of the building permit for the first (1st) dwelling unit to be constructed on the Lands, and on the date of issuance of the building permit for the one hundred and fifty-ninth (159th) dwelling unit proposed to be constructed on the Lands. Phase Subseq.uent to Phase I of the Development of the Lands (a) Fifty (50%) percent of the aggregate amount of the Development Levies calculated in accordance with this Schedule "D" payable in respect of dwelling unit proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands are payable to the Town prior to the date of issuance of the building permit for the first (1st) dwelling unit proposed to be constructed in each such Phase. (b) Twenty-five (25%) percent of the aggregate amount of the Development Levies payable in respect of dwelling units proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands is payable on the first anniversary of the earlier to occur of the date of issuance of the first building permit for the construction of the first (1st) dwelling unit in each such Phase, and the date of issuance of the building permit for the construction of the dwelling which when combined with the building permits theretofore issued for dwelling units in that Phase comprises fifty-one (51%) percent of the total number of building permits that may be issued for the construction of dwelling units in the Phase in question. (c) Twenty-five (25%) percent of the aggregate amount of the Development Levies payable in respect of dwelling units proposed to be constructed in each Phase Subsequent to Phase I of the Development of the Lands is payable on the expiry of the twenty-four (24) month period commencing on the earlier to occur of the date of issuance of the building permit for the construction of the first (1st) dwelling unit in each such Phase, and the date of issuance of the building permit for the construction of the dwelling unit which when combined with building permits theretofore issued for dwelling units permitted to be constructed in that Phase comprises seventy-six (76%) percent of the total number of building permits that may be issued for the construction of dwelling units in the Phase in question. ---~~~ . , J . 7<-( Page :n-- Subject to the provisions of the Development Charges Act, 1989: (a) The Town shall review its schedule of Development Levies annually and may adjust the amount of the Development Levies herein in accordance therewith. (b) The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted Development Levies shall be applicable to alllot(s) or block(s) within the Plan for which Development Levies remain due. References in this Schedule "0" and in any other provision of this Agreement to "Development Levies" are to be construed to be references to the Development Levies required by the Owner pursuant to paragraph 3.4 of this Agreement and this Schedule "D". They are not to be construed to be or to include references to a development charge that may be imposed by a Development Charge By-law passed by the Town under the Development Charges Act, 1989. ~____ I . , 7~ Page !1:T SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. TRANSFERS OF EASEMENTS (1) On the execution of this Agreement, the Owner shall deliver to the Town transfers of the following easements: a) Storm sewer route Parts 1 and 2 on Plan 40R b) Rear yard catchbasins Parts 3 and 4 on Plan 40R and storm sewers c) Temporary rear yard catchbasin Part 8 on Plan 40R and storm sewer d) Rear yard catchbasins Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 on Plan 40R e) Channelization Works Part 2 on Plan 10R-4049 (2) Easements for the rear yard catchbasins and storm sewers, the storm sewer routes, the stormwater detention route and the channelization Works shall be perpetual in duration. The Director shall determine the duration of the easement for the temporary rear yard catchbasin and storm sewer. (3) . The Owner shall transfer or cause to be transferred to the Town easements to accommodate any work provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings in lands located in a Phase Subsequent to Phase I of the Development of the Lands or beyond the limits of the Lands as may be required by and to the satisfaction of the Director by notice given in writing to the Owner prior to the registration against title of the 10M Plan of subdivision for the Phase in question. The Director shall determine the duration and terms of any such easements. The transfers shall be prepared by the Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Town's solicitor, shall be made for a nominal consideration, and shall be in registrable form. Prior to the registration of the transfer(s) of such easements against the title to the applicable lands, the Owner agrees with the Town that it will not require the issuance of building permits for the construction of buildings or structures on the portion of the Lands within the. J.OM Plan of Subdivision in question. Paragraphs 2.4 and 2.6 shall apply in respect of an transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3). ..- ;...:...... i. LOT CONCESSION .... . H''I''O. 15 COlt . I ( / ( ... .... .. .. c u ,. z I z 0 CD 45 . .""':' -- --.: ::..= ...---:".:.-.::~.__..- :.~ :....-: :..rv:::--:::-- !:!!!!!! - - CEJl'TTCATtS - .._.~:::=;;:.=.:::~.._._. :.:;:.,':,...-_. ::.:: .~~- - -....- _.-'.":.-:~=;'..:..:.:=:=--. I ==__":':.:._ ilooo _ _ .-- ---- ---ii'.~_ - .- ?-. .;'. f.'~ -. ~~: ~:' --:It r:-. 1~?:, ,. . ~:::> t..: .~ ;"..-" t~ ~~ .0 i.:~.. }:. . ~,,: II ~:. t.~. ~~:.~ fL ro.' ~~. r::... , .;-" ... r. ,;. .0 . 0' f:-. :~.:' ~~': '. ~: ~ \)\ '. ?:: r ~: ..' k ~. r k: ;. '. ;,. r. ~ '.' " . . ! : I . . '/' .. . , -,' -~ - :',. .:' ....--. BONNY CASTLE :. : 'TTTr 2/314/5/6 €.~€.O ';l.'t..G\S~"p~ . . . j . . 0'- . -,,"---._..' "_.'. "_ .u_ __. _. _ .~ ~::~: '~';'-::',..: .. - "',-- "-. "... oM..... . t. o . . . :1=: . . . ( (('" 1----; 8 t-:~J' 32 ~!z /.. ~ ~ l63 \ 3. '. 1 \ '\. , ... ,. '---- / Z7 '" I 25 t... ~ . .-// Q~'~~ "-! [PART 7 'IPART!I/ ---1 . ~ ~ ~S~ "'----L-'- l .~<1~ A ~ 0,,. ~ \ 15 ~ DRIVE z ~r\..~.~. ,\.C \ \ ~ I 7--, f2 \ :; \ \ /3 '\ /4 \; I I !~ 7 "I>I' 'c-~ 16 17 I:.:: ~~ ~la7\ ~ ~--1 r:- I 33 ~- IUCr.. "., DMf . . P1..AH 10"-204' .CTtOfif COtf t _.a.t7\.I -DML_JOlf ......, .. PlAN . lOR- Lt=D ':c"'1.1'OJt.:, lIIralVt. MID ~l'O!IfTlO TfTUS ACT l'OTt u............ out ....__ -:.;:.s:~:.:'~- ~~~~'lj .... ..,. f.....~....u. ._'Jf--.,' "'_....f"'_-.. .. > CllMIlllED PLJW iii PART a:: LOTS 18~~ 92 AND 93 AND PART OF BL~I<S '94,95 AND 96 AND . Pl.4JIi iii SUNEY OIF PART a:: LOT 91 REGlSTEREO PLAN IOM- 1_ _ OF O/lRLOOGrnoo. COtM'Y OF ~l NON IN. THE TOWN a:: NEWCASTLE REGIONAL MU'lICIPALlTY OF CllRHIIM ~l'_ ,~-.. . r--ti......- J D aAItIIO """'EO.... . . ~TRIC r::T'~.r~~."l=~-~w;.,,: NOTES' w___ ......"...., ~ .. ... ...~..". ,. ... 1OII"""ffIl. r.:..: :Cf~"..~ 'O'f ...~"'..... "'.. ""'.' . -- . ...... lI..:tt. ......... "_n "--lit :::'J! ....,. ......... ..... ,.,....IIIlCN_'" .......' ....wNlIfI '-01 ... -- ,n......' ,-Qf' ....,..... ..... ...- -.- -" '...... . to. ,.". ~l _... ".,.,.._,_ __ ....-. - ..oot"",,"f A*C'.... ....... ..r......-.~. .._.", ,_r. CII"'" ......t_ ,Of SURVEYOR'S CERTIFICATES ....-.. '..--"11' I_.-"'~I' ..............- .-.t' .... "'... ., .. ~.Q ~...,.. ..~.... I1t!:IIf..MU..... ~"'ICPI. ..,. +-.-. ----- - -.- --_..... .:j'"::t~:':" .... ~':.. ~~~.t """ ~.. ... "'... .... 0:...." ..... ..f............ ..... ... .......~ It ~ 1_ ~.- _.... "''''..1'1'''''' ....... ...... ............ IlIlS ("W\rrnOlf '''' -- "~"-. -......--- ~ J,D.BARNE9 ,-..,. .,J "J ----..:, - ...C(t. ,1 A .' ..... , . , ..-.... ~ -= - I - .-1 . 1:01; j; ! lli~l- , 1 Ii 5 : : /" ~ ":: r- .! 5 \O~ 1l'ART 31 _.. ltM_ .......~ ..,..... .' SI(::'<.. "u.a. c~ .....\ \ \ . \ 0'" \,,..,,, . '\ ..IT_ \-- / ~- /' .1.1 II(~( 4.......~1 .....T ,,..1 -""," ~. 20'" -- "".r ,...... -..or..!- -~. .... 1-- il " , , i I iii iii i::: :;:- _I"' ___ / I' <- -:d eaaC(4 .... .......... I I l ..... , I / .... ",,"'" ~ .e.. .. J1S1 steno.. ~ ~ ..,'" IY O~ <.. eGo . ".UJIII,l'O_ ... o ..., ~ ;1 (J' 100 "-1' ; \- ,.or 1I'...y ....... ICHI &441 " .... HUh. f' .1 eM . j ICCQ1'U; '~'-: Ii .' '- 4; 20.. PL" ! I . .......ro.. ...- ! ::='\ -;-.. <. .. ~#: "--.. PLUC lOR - ....., t-...- 1MI ft... H ::..,-.=_ o.:=:_ ..~ . '/ . ~ ............,... -~ ~~fQI~ Ul&-.a..... .. ......., -"-01 ......... .... .,..., .llIIiiiIC& ........... -.. ___ ...... .................. _......u..-.--. --....-......... .......... .... -............ ..... ........-- ...... .. .-. --- ..... _ "-M _.... l'UII OF -..n at PART OF LOTS 15 IJlO 16 CXlNCESSKlN I I - _OF--.o.CllLMYf7_ NON N TIE 1tlWN a= ~ I RBllONAl.. MHClflWTY a: OUFIHAM ICALE L 1000 _. .a. D. IMICS UMI1"Q....... ME1RtC ..... - -.... "'-- - - _ - _._.ftC1"._........ l!lln; ~S-~ ~..:..-::-c.:..~-= :=--r . . - 4 - - ... - .. . " .. H ...... ....... ---- -- ...... -.--.....- --- .........-.. --- ....... ....-. .....-- ...... ot........4h... -..... --.-.& ......"........~ ...... .. ........ ...... ...... ....... """'" ....- ....... .....-.... ...... .....-...... ..... -......... ....,.. ........ ..... .... ..... CAUTION .............'. ..-.-..... arc ..... . .. "'-- iC $UllVEYOR'S CERTIFICATE .CP'hf'......t. , __-....._4lIII~_.__-.c...... .llCI' _ lie ....tw\.Q .a... ~ -.-_ tIC..... .._..-.n..~_ftII(.._., ."'.. .__ _P..~A:.~ ~"",-,.....~ .~ ---- '" ~ ~ JD,~ES :lUINE1M ........ &.NO ___ __ ~ClM';lN:: - - ~ ........ _...... ....., -...,.... , , . . , , I SCHEDULE "F" 7C1. Page -94- THIS SCHEDULE IS SCHEDULE wF' to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. {ANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID IN LIEU THEREOF (1) Dedication of Blocks on 10M Plan The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in fee simple absolute the following land now shown on the 10M Plan: (a) Blocks 113 to 118 inclusive (b) Block 107 (Block 338 on 18T-88046) 0.3 metre reserve Park and Parts 1 and 3 on Plan 10R-4049 now shown as Block 341 on draft Plan of Subdivision 18T-88046 for the purposes of the storm water channelization and the "Stormwater Detention Work" (as hereafter defined) provided for in Schedule "G" hereto. (2) Dedication of Blocks on Plan 18T -88046 Prior to the registration of each final plan of subdivision which includes a Block or Blocks set out below now shown on draft Plan of Subdivision 18T-88046, the Block or Blocks so included shall be transferred by the Owner to the Town in fee simple absolute and paragraphs 2.5 and 2.6 shall apply with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3): (a) Block 337 on 18T-88046 (b) Block 341 on 18T-88046 (c) Block 336 on 18T-88046 (Part 1 on 10R-4041) (d) Block 339 on IST-88046 (e) 0.3 metre reserve abutting the westerly limit on Street flA" on 18T-88046 (f) 0.3 metre reserve along the westerly Iinlit of Street "E" on 18T-88046 (g) 0.3 metre reserve along the westerly limit of Street "D" on 18T-88046 Walkway Open space Park Open space/Drainage area , , . . (h) 0.3 metre reserve along the westerly limit of Street "et on 18T-88046 (i) 3.0 metre road widening along the southerly limit of Block 341 on 18T-88046 abutting Baseline Road (Part 4 on 10R-4049) (j) 0.3 metre reserve abutting the southerly limit of lot 1 on 18T-88046 (k) 0.3 metre reserve abutting Street "B" on 18T-88046 between Blocks 296 and 295 on 18T-88046 (1) 0.3 metre reserve along the southerly limit of Street "An on 18T-88046 immediately abutting lot 167 to 172 inclusive all on (3) Additional Required Dedications rD Page ~ Without derogating from paragraph (2) of this Schedule nFt, on each occasion, forthwith after the Director gives the Owner written notice that the Director is of the opinion that the additional land (the "Additional Required Dedication") identified in the notice is required to be transferred to the Town for the purpose of accommodating the Town of the Works referred to in Schedule "G" or any work provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings whether located on the Lands or beyond the limits of the Lands, the Owner shall transfer or cause to be transferred in fee simple absolute to the Town the Additional Required Dedication. Paragraphs 2.5 and 2.6 of this Agreement shall apply in respect of each additional Required Dedication with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph (3). (4) Cash in Lieu of Lands for Park of Other Public Recreational Pur:poses The Parties acknowledge that the area of Blocks on the 10M Plan which the Owner is required to transfer to the Town for park or other public recreational purposes is less than five (5%) percent of the area of the Lands (the "Park Deficiency"). On the execution of the Agreement, the Owner shall pay to the Town as cash in lieu of the dedication to the Town of land equal in area to five (5%) percent of the full area of the Lands for park or other public recreational purposes, an amount which is equal to the actual value of the area of the Park Deficiency which the Owner and the Town hereby acknowledge and agree to have an area of seventy-one one hundredths (.71) of a hectare and an actual value of one hundred and fifty-seven thousand five hundred ($157,500.00) dollars. / , . . . ~l Page -%- SCHEDULE wGw nlIs SCHEDULE IS SCHEDULE wGw to the Agreement which has been authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle, enacted and passed on the day of , 1991. WORKS REOUlRED 1. STORM SEWER SYSTEM The Owner shall construct, install and supervise the construction and installation of and maintain a storm drainage system, satisfactory to the Town, for the removal and disposal of upstream storm water and storm water originating within the said Landst including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls, any other appurtenances and oversizing as may be required in accordance with the Town's Design Criteria and Standard Drawings, (the "Storm Sewer System"). The Owner agrees to prepare Engineering Drawings for the Storm Sewer System to the satisfaction of the Director and to submit the same to the Director for his approval. The Owner agrees to obtain any easements required by the Director which are external to the said Lands at no expense to the Town for the disposal of storm water from the said Lands and transfer the same to the Town. Paragraphs 2.3 and 2.5 of this Agreement apply with all necessary changes to them being considered to have been made to give effect to the intent of this provision. 2. ROADWAYS The Owner shall construct and install the following services including any oversized services on the streets shown on the Plan as follows: (a) Pavement widths to be applied to the streets shown on the Engineering Drawings. (b) The grading and paving of all streets, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be in accordance .. . with the Town's Design Criteria and Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets, in accordance with the Town's Design Criteria and Standard Drawings. . , . , ~..1..... Page ;rr (d) The Owner shall construct, install and maintain complete sidewalks shown on the approved Engineering Drawings in accordance with the Town's Design Criteria and Standard Drawings. (e) The Owner shall grade and pave all driveways between the curbs and sidewalks in accordance with the Town's Design Criteria and Standard Drawings and if sidewalks are not shown adjacent to any of the driveway(s) in question, the Owner shall grade and gravel such driveway(s) between the curbs and lots lines in accordance with the Town's Standard Drawings and Design Criteria. (f) The Owner shall construct, install, energize and maintain street lighting, in accordance with the Town's specifications on all streets and walkways and this Agreement, to the satisfaction of the Director. (g) The Owner shall install the topsoil and sod the boulevards between the curbs and the property line, in accordance with the Town's Design Criteria and Standard Drawings and the approved Landscaping Plan, to the satisfaction of the Director. (h) The Owner shall supply and install traffic signs and permanent street-name signs, in accordance with the Town's Design Criteria and Standard Drawings, to the satisfaction of the Director. 3. CONSERVATION WORKS In addition to the work requll',)ll by Schedule "Q", the Owner shall construct, install and maintain certain conservation works on the Lands including but not limited to retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatuses, in accordance with the approved Engineering Drawings. 4. WT GRADING Forthwith following the Director giving the Owner written notice requiring it to do so, the Owner shall rough grade the Lands in accordance with the Tree Preservation Plan and the Grading and Drainage Plan, to the satisfaction of the Director . 5. JANDSCAPING (a) The Owner shall satisfy all landscaping requirements in respect of the roads and pedestrian walkways provided for in this Agreement and install noise fencing and fencing in accordance with the approved Landscaping Plan. -' , , ~3 Page.!18 (b) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist the tree and shrub planting requirements provided for in this Agreement in accordance with the approved landscaping Plan. 6. TRIBUTARY STORMWATER MANAGEMENT WORKS: INCLUSIVE WEST SIDE CREEK EROSIO~ CHANNELIZATION" DETENTION. WATER OUALI1Y AND TEMPORARY EROSION CONTROL WORKS The Owner shall design, construct, install, supervise and maintain the stormwater management Works specified in the "West Side Creek Master Drainage Study", draft dated February 1991, prepared by G.M. Semas & Associates Ltd. as finally approved by and on file with the Director of Public Works and Drawings Nos. SWM1, SWM2, SWM3, SWM4 and SWMS, Project No. 89149, prepared by G.M. Semas & Associates Ltd., drafts dated January, 1991 as finally approved by and on file with the Director. These Works include erosion protection channelization, water quality pond (the "Water Quality Works") the stormwater detention facility (the "Stormwater Detention Work"), oversizing, fencing and landscaping. In addition, these Works include all temporary erosion control works which are required to perform the Works. (Collectively, these Works are referred to as the "Tributary Stormwater Management Works".) The construction of the Tributary Stormwater Management Works shall comply with the provisions of the "Master Drainage Study" as amended by the additions of any of any contingency items and works deemed necessary by the Director and of which the Director has given the Owner notice in writing. The Owner agrees to obtain at the Owner's expense and on the date of execution of this Agreement to transfer to the Town any lands or easements considered necessary by the Director to accommodate the construction, implementation and/or maintenance of the Tributary Stormwater Management Works. Paragraphs 2.4, 2.5 and 2.6 of this Agreement apply in respect of such transfers with all necessary changes being considered to have been made to give effect to the intent of this provision. The Owner agrees to maintain at its cost the Tributary Stormwater Management Works, to the satisfaction of the Director of Public Works until the expiry of the relevant Maintenance Guarantee provision. The Works shall be maintained in a neat and tidy condition, compatible with the abutting land uses. The maintenance required includes but is not limited to items such as periodic grass cutting, control of noxious weeds, collection and disposal of litter and sediment and any maintenance works that may b~_ necessary to maintain the intended function and operation of these Works. "'" . . . yt.-( Page ::pJ- Forthwith after the Director gives the Owner written notice requiring Owner to do so, the Owner shall satisfy any requirements financial or otherwise are allocated or assigned to it in the aforesaid "West Side Creek Master Drainage Study" for this watershed as approved by and on file with the Director, . 7. PEDESTRIAN WALKWAYS The Owner at its cost shall construct, install and maintain in accordance with this Agreement completed pedestrian walkways, including all boundary fencing and lighting, in accordance with tbe Engineering Drawings, the Town's Design Criteria and Standard Drawings and the Landscaping Plan. All such pedestrian walkways shall be: (i) paved or concrete from edge to edge; (ii) properly drained; (iii) fenced and screened; and (iv) extended to the curb of any intersecting street with provide appropriate curb cuts being provided at these locations. 8. TEMPORARY TURNING CIRCLE The Owner shall transfer to the Town an easement for the temporary turning circle required by the conditions of approval of the draft Plan of Subdivision 18T-88046. The Owner shall construct and maintain such temporary turning circle in accordance with the Town's Design Criteria and Standard Drawings to the satisfaction of the Director. On the termination of tbe easement for it, such temporary turnir.v~ circle shall be transferred by the Town for a nominal consideration to the Owner or to its successor or assign(s) who then own the lots on the 10M Plan which abut the easement area for the temporary turning circle. 9. EXTERNAL WORKS AND/OR OVERSIZED WORKS a) Re&ional Road 57 Sidewalk and Streetliehtine This Work is described on Drawing Nos. P-13 & P-14, project No. 89149 prepared by G.M. Sernas & Associates Ltd., dated July 1991, as finally approved and on file with the Director. The Owner shall construct a 1.5 metre concrete sidewalk and streetlighting on the west side of Regional Road 57, from Candler Court northerly to Highway No.2 The sidewalk shall be installed in such a manner as to allow for urbanization of Regional Road 57 to the satisfaction of the Director of Public Works. The timing of the actual construction of these works shall be determined by the Director of Public Works. The timing of the actual construction of these works shall be determined by the Director. The Owner shall commence construction of , . . . . ~5 Page -86 these Works prior to the expiry of the ninety day period commencing with the day on which the Director gives the Owner written notice requiring it to do so. b) Hipw~y No.2 Sidewalk and Streetllptlne The Owner shall enter into a cost sharing agreement with the Town for the construction of the sidewalks and streetlighting along Highway No.2 from Martin Road easterly to Roenigk Drive. It is understood that this sidewalk construction along Highway No.2 will require the urbanization of Highway No.2 to the satisfaction of the Director. c) CPR Underpass Work I The Owner shall design and construct the "CPR Underpass Work" (as hereafter defined) in accordance with Schedule "p. and the following. It shall satisfy the Ontario Highway Bridge Design Code and the Town's Design Criteria and Standard Drawings. The horizontal clear span of the underpass (between the faces of the abutment wall) shall be designed to accommodate the future travelled way, boulevards, sidewalks, any appurtenances and oversizing to the satisfaction of the Director. The Owner agrees to obtain at the Owner's expense and on the date of execution of this Agreement to transfer to the Town any land or easements considered necessary by the Director to accommodate the construction of the CPR Underpass Work. Paragraphs 2.4, 2.5 and 2.6 of this Agreement apply in respect of such transfers with all necessary changed to them being considered to have been made to give effect to the intent of this provision. The Owner shall satisfy any requirements financial or otherwise forthwith in connection therewith after the Director gives the Owner written notice requiring the Owner to do so. d) Closine of Martin Road Work The Owner shall provide barricades, remove asphalt, fine grade, topsoil and sod from Regional Road 57 to the intersection of Prestonway Drive and Martin Road. ".. ....;" . l , y~ ". \';. Ir: ; . ~- I' . ii.~~':Ii~:r'~;':"f~~~\~l'; ~ :::, '.. :.. . ~~., . d'l:-1:'QM.SEIlNAS~"1". 21$ '~''(~..,: nIlE;. .\\ WEsrIlOWMNMU.E'''' : i ".... .'.:~..,.. .,<.,:~..;.,Z I::. ~.;.:.~r,1I''''.'' S'Rlllt", "",' Cl:IIEl.OAotENTS LTG . 4... !\.iot.r:,.....\~ "..," . ....M~ ....,.,. ~SEltNAS~. P\..AH 8T.~ : '. .' ,'. 'j"",..." ,~. l~ ....1 ~. ~ _' t,~ . AAU.. &61 Hcl ~.. r ..... 't'7~P' . J \.#f..l~'l""'" .....~ ~"". ....~ ~ ,._..~ .~?t:E . .... ...;,.; ~:. 1...~1.: ,t:. ":1-". .,...... . .. l! ,g . '. . .. ....... " '" '..:.. .~ -pM~' . ~:. ..' ,.:. .:~: . ". .. . . '.;_'.:r,~::.~.'.. :........;.... .,,:' __ /~. ~:,";' . II ;, \~.~~:~~..~:t/':.~.:::. : ."~ .~/_..~.~:'~ .I~;.....'.f...;d;.:,..~.:. 'i'::';~: J!.;i~r.::..-:. >.~~!~~t~~t: .::.'..~ ~ . ," ,.(.;~ ,:;':';::",.\;-:- ..~ :.,.-.'~. ~";'~':~:/:}. .-:.~.:~. '~(\'..:. ~~-:~:,:..~~~,.. \) . .i .; .. ':7'~"'!" ~ . .~~ '.'~;.~ J/....:~ "\':.\' ': ...~1~~ . \. \~ . .... .!....: .' '\ v....... . I I I . ,""ft,. ,:t.:_,... ' :' \.:.... . " .,---- I- -.""....... -.:::"_ . '. ....-_. ,'f :::,. '1\ I 'j j . ! '..: - 'f' ...'" . '..... . . ! /' .,l.? t \ '. ~ ,'. /! ' ",..' . i li, . \. . I I ~ , . : t . ',. . ~ . . ! I l. \ t 0 I '----------""- ! ..'1 r--: f--"':--~ I t. I \. _ '411. \,. / '"'''' 1 f ...\ \.41'...... .,.,J '. \ .;....~ .! \ . \. ' , .\.......--:-- JJ~"i;; :~ ?;,::-_i' " i I .. 'i ,I ,. 1 I ., I I ~ :.:'~ u ~ I I I I ; ~ ;: . , ..~ ..( ", ',;IE't.ua. .. :~:',::';,i~. '".' . ~7::-":':~:'~;~'~ '. ", : ~ nn.J-U I: . . ~ ~c /i'" :c- "IEWCASTLE REGo..:.L '1.'.,.NICIPl.UTY OF' CV~AM ",:.Afl", ROAO HOl.DNOS .,...~ .1 1,ft I :' ~ .~~-t..............~ ~ -i:-~~:-.;:,~-.... 7'"'~ .i 1,:'- ". niP .~ -. '.,... ... _. .... ...,rl ,!'.... ..A...---.......... -' ._:.: ..... .. 1.:- STAGING PLAN 1 .' ..;..:.:' t "I~t -=ft" . . .. .~. , . : :" I',~ ',. ! ,. I ~r:.'..!.~' .. .1 'li~',I"1 I c 8 .~, \. . . ....J"" .. . . B' C) I >/: :;";'1.)r:;~ ~..ti'" { I ~,J. . .'11. ..:.....~, I&.~-=. . 1 -.-...-- ..~I ~ . I -- -!:- .....~ . . . GlOO/AI. ROAO No. S7 . . ) .. ~ t - - , .. .. .. ~ VAIL -- -- .. . I -lV- I , I ! d ~ I i . I l( t . \ \..." .~ .~.......Sl.. .~ 01 i~ .. :t ! C<I.""AC1,", 10 II( .._ f,", UlCA_ Of IoU. OlSlING u/G _ -..0 ~1IJ1IB v_ ~llUlI(S CllHCDlNlll 1ll BE c:n.oo IlttlMICl AOY_ _ ....... '10 - -. ..... stNlE OUI. 'D4( CDc$ULTMlI AS9.JW($ NO R(SPClNSI8UN r(lll THE .IrCOJllt.-cr OF 1ti( LOCAtftDN IS Dl$11NC ullJ1I[$ AS N:lICA.1(O 0.. ...s ClRA.... f I I i JECT PR PERN - KEY "LAN SCALE N. T. S. __ .. I l-r.t..;~ .....~1U ~0I-.r1l. :::=:::.:::-..:::;;::, -::-:... .......1: ....... ;.-=::.~""-.........- Doted I6#fL ~ 11~, REVISIONS DlESCIlIP1ICW GAll IT AflfI<<O\'QJ - ~....___... ~.... fAIt J: ... ........~.._~_...._ ~.. -....... CORPORA llON rK lHE TO\Wl rK NEWCAS1l.E ......-- ASPEH SPRINGS '8T-880-4& GENERAL PLA G.M.Semas ~(.Id. ()L ~....."""'- __-c..... -.-....- ~ ==== ~ct.... 89149 ".- r{) 'J ~A.....c.... "Y. 1f.;'.T....1.Jt G-2 ...AllOt '"' ..... ...... I' ~ f 1.' . , , , <?~ Page .g.r SCHEDULE "H" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. UTlLmES AND SERVICES REOUlRED 1. ELECfRlCAL 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 of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the Works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 4. GAS SUPPLY SYSTEM 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 9-'1 Page & gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 5. CABLE TELF;VlSION 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 DISTRlB1ITION 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. '1' . , '. crt> Page ia SCHEDULE -I- THIS SCHEDULE IS SCHEDULE -I- to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of Junet 1991. DUTIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirements of this Agreement, the Owner's Engineer shall prepare drafts of the following for the consideration and 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 or release the Owner or the Owner's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, or documents or from liability for any damage or loss caused or resulting directly or indirectly by tt:: Owner's Engineer. 2. REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer is hereby authorized by the Owner and 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) provide field layout including the provision of line and grade to the contractors and, where required, restaking; I .:;.\ Page--&t- (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; (d) provide co-ordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director; (e) investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and (t) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the as- constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation and make them available for examination by the Director as required by the Director. 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. 6. PREPARE AS-CONSTRUcrED DRAWINGS The Owner's Engineer shall prepare and submit as-constructed drawings required by the Director for the approval of the Director. ., . SCHEDULE "I" <:17...... Page ~ THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved By-law No. 91-11 of the Corporation of the Town of Newcastle, enacted and passed on the day of . WORKS COST ESTIMATES STAGE 1 1 STORM SEWER SYSTEM 2 ROADS - YEAR 1 3 ROADS - YEAR 2 4 STREET LANDSCAPING 5 S1REETLIGHTING 6 FENCING 7 PARK DEVELOPMENT 8 STORMWATER MANAGEMENT WORKS 9 SILTATION CONlROL 10 GRADING (R.O.W & FUTURE LOTS) 11. REGIONAL ROAD 57 SIDEWALK AND S1REETLIGHTING 12 CLOSURE OF MARTIN ROAD SUB-TOTAL 5% CONTINGENCIES SUB-TOTAL 10% ENGINEERING TOTAL ESTIMATED COST: TOTAL VALUE OF PERFORMANCE GUARANTEE FOR STAGE 1: SUBSEOUENT STAGE(S) (To be prepared in accordance with this Agreement.) $ 477,740.43 $ 332,850.11 $ 276,749.45 $ 63,000.00 $ 41,300.00 $ 27,285.00 $ 74,000.00 $ 341,511.90 $ 31,543.60 $ 35,400.00 $ 67,400.00 $ 13.500.00 $1,782,280.49 $ 89.114.02 $1,871,394.51 $ 187,139.45 $2,058,533.96 $2.05~.533.96 The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Work Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost Estimates shall be used by the Director in requiring an adjustment in the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimates. . , " '1:3 Page-86 SCHEDULE wKw THIS SCHEDULE IS SCHEDULE wKw to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. INSURANCE REOUIRED 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 Town's Treasurer and licensed in Ontario to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damage or claims for damage 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; (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; ( c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may results from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Town or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. , , . '. Ct1 Page -87 2. AMOUNTS OF COVERAGE REOUlRED 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 for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Town 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; (b) any pile driving or caisson work; ( c) any collapse or subsidence of any building, structure or land from any cause; or ,,- (d) any storage, handling or use of explosives. ,,1 . . '. . . , , c..5' Page-98 SCHEDULE "VI THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director permission to carry out the blasting operation. 2. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purposes and such topsoil must remain within the limits of the said Lands. 3. DUMPING OF FILL OR DEBRIS The Owner shall not dump, or permit to be dumped, any fill or debris on the said Lands, or to remove or permit to be removed any fill from any land to be transferred to the Town, other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL Or' CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garbage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. 5. QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Town may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed on the direction of the Director. The costs of such tests shall be paid by the Owner. " . . . . q6 Page ~ 6. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS During this Agreement the Owner at all times shall 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, are maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain at all times, all such roads free of dust and mud originating from the said Lands during the course of construction. H 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 shall not use or occupy any untravelled portion of any public road allowance without the prior written approval of the Town or authority having jurisdiction over such public road allowance. 7. ~INTENANCE OF INTERNAL ROADS Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall 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. Prior to the placement of ' the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads on the Lands are ~sumed by the Town, the Owner shall maintain all internal roads in a condition acceptable to the Director, and shall ensure that such roads are free of dust and mud at all times to the satisfaction of the Director. 8. WEED AND RAT CONTROL After the commencement of construction, the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. / , I . , C\7 Page -9G SCHEDULE "M" TIllS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table: LOT OR BLOCK NUMBER ON PlAN 18T-88046 PERMI1TED LAND USE Lots 1 to 294, Blocks 295 to 341, In accordance with By-law 84-63 as amended. Block 333, 334 ReseIVed for future development and to be maintained by the Owner until such development takes place. Blocks 301, 302, 303, 297, 296, 295, 298, 299 ReseIVed for future development in conjunction with adjacent lands and to be maintained by the Owner until development takes place. Block 332 ReseIVed for future development which shall not be undertaken until such time the Town is satisfied that the lands are not required for stormwater detention purposes. I . I r l '. I ct"iT Page * SCHEDULE wN" THIS SCHEDULE IS SCHEDULE wN" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for the erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER ON PLAN 18T-88046 LAND USE 2) 3) 4) 1) Lots 60 to 79 See paragraph 4.12 (13) Blocks 342 to 347 See paragraph 4.12 (12) Block 332 See paragraph 4.12 (11) and Schedule "M" Blocks 301, 302, 303, 297, 296, 295, 298, 299 See Schedule "M" 5) Block 334 See Schedule "M" 6) Lot 46 on 10M Plan (Lot 150 on 18T-88(46) Lot 12 on 10M Plan (Lot 225 on 18T-88046) Lots 30, 31, 32, 33, 45, 46, 47,48, 79 on 18T-88046 The Owner shall not require building permits to be issued until the temporary turning circles for each respective street on Plan 18T-88046 have been removed as provided for in this Agreement and the work completed to the satisfaction of the Director of Public Works. J . j , . S~ Page '9Z SCHEDULE .0" THIS SCHEDULE IS SCHEDULE .0" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LAND REOUlRING 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 the Town pursuant to section 40 of the Planning Act, 1983, and the building permit complies in all respects with the terms of the site plan agreement. LOT OR BLOCK NUMBER ON PLAN 18T-88046 Block 304 ...................................... Multiple Family Block Blocks 327, 328, 329 .................. . . . . . . . . . . . . . .. Apartment Blocks Blocks 331, 330 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Commercial Blocks (O~ Page~ SCHEDULE "P" THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. OVERSIZED AND/OR EXTERNAL SERVICES AND REIMBURSEMENT FOR OVERSIZED AND/OR EXTERNAL SERVICES 1. REGIONAL ROAD 57 SIDEWALK ANl) STREETLIGHTING WORK This Work (the "Regional Road 57 Sidewalk and Streetlighting Work") consists of the construction of sidewalk and streetlighting on the west side of Regional Road 57 from Candler Avenue northerly to Highway No.2. The sidewalk shall be installed in such a manner as to allow for urbanization of Regional Road 57 to the satisfaction of the Director of Public Works. More specifically, this Work includes the excavation, grading and construction of one point five (1.5) metre wide concrete sidewalk and the installation of streetlighting (the "Regional Road 57 Sidewalk and Streetlighting Work"). Preliminary Total Estimated Cost: Owner's Share: $67,400.00 $67,400.00 2. CPR UNDERPASS WORK This Work (lithe CPR Underpass Work")consists of the construction, engineering, inspection, approvals and administration of the Canadian Pacific Railway underpass(the "CPR Underpass Work"). More specifically, this Work includes the components referred to in Schedule "G" and the structure, roadway approaches, services, streetlighting, all necessary civil, mechanical and electric works as required by the Director. Starting Estimated Cost: Owner's Share: $3,000,000.00 $3,000,000.00 .. 3. ~WSING OF MARTIN ROAD WORK This Work (the "Closing of Martin Road Work") consists of providing barricades, removing asphalt, fine grade, topsoil, sod and perfor~_ng any work necessitated with the closing of Martin Road from Regional Road 57 to the intersection of Prestonway Drive with Martin Road (the "Closing of Martin Road Work"). l . " 1 Preliminary Estimated Cost: Owner's Share of Costs: led Page 9zt $13,500.00 $13,500.00 4. TRIBUTARY STOQfWATER MANAGEMENT WORKS Preliminary Estimated Cost: Owner's Share: $341,511.90 $341,511.90 / . , "'i:' I tJ .), Page '95' SCHEDULE wP_lw THIS SCHEDULE IS SCHEDULE "P_1w to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. . FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS (1) HIGHWAY NO.2 SIDEWALK AND STREETLIGHTING WORK This Work (the "Highway No.2 Sidewalk and Streetlighting Work") consists of the following: a) construction of a concrete sidewalk on the south side of Highway No.2 from Martin Road easterly to Roenigk Drive. More specifically, this work includes the excavation, grading and construction of one point five (1.5) metre (5 foot) wide concrete sidewalk; b) installation of streetlighting. Preliminary Estimated Cost: Owner's Share: $275,000.00 $126,786.02 " - I '. . (03 Page-%- SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. CONSERVATION AUTHORl'IY'S WORKS 1. Prior to the commencement of a site preparation, including any filling, grading, construction or alteration to a watercourse, the Owner shall obtain Central Lake Ontario Conservation Authority (C.LO.CA), approval of: a) site grading plans which indicat~ tOO-year storm overland flow routing for the site and erosion/sediment control devices to be employed during the site development phases(s); and b) engineering details for all flood, erosion and water quality control measures to be constructed on site. 2. The Owner shall acquire all necessary easements to accommodate post-development stormwater runoff from and through the site to the satisfaction of the Central Lake Ontario Conservation Authority. 3. The Owner shall prepare and submit a Master Drainage Plan for the West Side Creek, to the Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and the Town of Newcastle for their review and approval. 4. The Owner shall carry-out or case to be carried-out to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, sedimentation control and major overland flow routing; and ii) the requirements of the West Side Creek Master Drainage Plan as they pertain to this site. . . 0; . lOt.( Page~ SCHEDULE "R" THIS SCHEDULE IS SCHEDULE ilK" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ENGINEERING AND INSPECI10N FEES Estimated Costs of Works ~ Up to $100,000.00 4% to a maximum of $4,000.00 $100,000.00 to $500,000.00 $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 2.50% 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 Region services. The payment of the Engineering and Inspection fees to the Town are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Town. The aforesaid amount is to be paid prior to issuance of the Authorization to Commence Works for each stage shown on the Staging Plan. , . , , "'" . ,..-. IC:>~ Page -98- SCHEDULE .S" THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REGION'S CONDmONS OF APPROVAL CONDmONS OF DRAFr APPROVAL DA~D FEBRUARY 21, 1991 1. That this approval applies to draft plan of subdivision 18T-86046, prepared by Design Plan Services Inc., identified as drawing number B-8725/3-29, dated (revised) August 2, 1990, which further revised in red and dated February 8, 1991 as per the attached plan, illustrating 209 lots for single family dwellings, 85 lots for 170 semi-detached dwelling units, 138 lots for street townhouse units, a multiple family residential bock (90 units), 3 residential apartment blocks (282 units) and various blocks for commercial, medical centre, day care centre, public elementary school, neighbourhood parks, open space, walkway, road reserve and future development. 2. That the Owner shall dedicate the road allowances included in this draft plan as public highways. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Town of Newcastle. 4. That the Owner shall dedicate a 3.05 metre road widening across the total frontage of the plan on Martin Road (Regional Road No. 57) as public highway(s). 5. That the Owner shall adjust all cul-de-sac radii to 18.25 metres as required by the Town of Newcastle. 6. That the Owner shall dedicate a 0.305 metre reserve across the total frontage of the plan abutting Martin Road (Regional Road No. 57) as widened, to the Region of Durham. 7. That where required by the Town of Newcastle, the owner shall convey 0.3 metre reserves to terminate any dead ends and/or open sides of road allowances created by this draft plan to the Town of Newcastle. I' . . " . 8. 9. 10. {06 Page ~ That the Owner shall dedicate 5.Om x 13.Om sight triangles at the northwest and southwest comers of Street "A" and Street "H' and Regional Road No. 57 as widened, to the Region of Durham. That the Owner shall dedicate Block 337 to the Town of Newcastle as public walkway. That the Owner shall convey land to the Town of Newcastle for park or other public recreational purposes in accordance with the Planning Act, as amended. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 11. That the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 12. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Town of Newcastle in accordance with The Planning Act 1983, as amended. 13. That the Zoning By-law referred to in Condition 12 shall provide for a minimum setback of 30 metres from the c.P. Rail right-of-way for residential dwellings. A non-habitable building such as a garage may be built closer. 14. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Town of Newcastle for review and approval. The Landscaping Plan shall reflect the design criteria of the Town as amended from time to tir{$;~. 15. That the Owner shall retain a qualified landscape architect to prepare and submit a Park Site Master Plan to the Town of Newcastle for review and approval. The Master Plan is to include Blocks 335, 336 and 341 and shall provide pedestrian linkages between Squires Gate Drive and the said block. The Plan shall reflect the design standard of the Town as amended from time to time. 16. That the Owner shall prepare such drainage and lot grading plans as required by the Town of Newcastle. This shall include a Master Drainage and Lot Grading Plan and a Master Drainage Study for lands affected by this plan. 17. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Town of Newcastle for review and approval. /' . .., . {O? Page 1:60"-' 18. That the Owner shall agree to reserve Block 332 (Day Care Centre) for future development until such time as the Town of Newcastle is satisfied that the lands are not required for storm water detention. 19. That the Owner shall agree to reserve Blocks 342 to 347 for railway underpass and to address construction to the satisfaction of the Town of Newcastle. 20. Prior to the commencement of a site preparation, including any filling, grading, construction or alteration to a watercourse, the Owner shall obtain Central Lake Ontario Conservation Authority (C.LO.CA.), approval of: a) site grading plans which indicate l00-year storm overland flow routing for the site and erosion/sediment control devices to be employed during the site development phases(s); and b) engineering details for all flood, erosion and water quality control measures to be constructed on site. 21. The Owner shall acquire all necessary easements to accommodate post-development stormwater runoff from and through the site to the satisfaction of the Central Lake Ontario Conservation Authority. 22. The Owner shall prepare and submit a Master Drainage Plan for the West Side Creek, to the Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and the:}'own of Newcastle for their review and approval. 23. That the 12.0 metre "open space/drainage area", identified as Block 339 on the revised plan be dedicated to the Town of Newcastle. 24. That the Owner shall submit to the Region of Durham, the Town of Newcastle and the Ministry of the Environment for review and approval a revised noise report prepared in accordance with Ministry of the Environment guidelines, which re- evaluates the impact of noise from Canadian Pacific Railway and Regional Road No. 57 and recommends any necessary noise attenuation measures. The approved noise attenuation measures shall be implemented through the subdivision agreement of the Town of Newcastle, which is registered on title, and shall include any required warning clauses identified in the acoustic report. A copy of the executed agreement shall be provided to the Region of Durham and tbe Ministry of the Environment to facilitate clearance of this condition. 25. That the Owner shall agree in the Town of Newcastle subdivision agreement to reserve Block 335 for elementary school purposes for a maximum period of seven , , .. . fQ~ Page -H)1- (7) years, during which time the Northumberland and Newcastle Board of Education and the Owner may negotiate a purchase agreement. 26. That the Owner shall agree in the Town of Newcastle Subdivision Agreement to reserve lots 60 to 79 to provide options for possible future development of a separate elementary school site and access to a public park proposed as part of plan of subdivision 18T-900S0. The lots required for school purposes shall be reserved for a maximum of (7) seven years, during which time the Peterborough- Victoria- Northumberland and Newcastle Roman Catholic Separate School Board and the Owner may negotiate a purchase agreement. 27. That the Owner shall obtain the approval of c.P. Rail for any proposed utilities under or over Canadian Pacific Railway property to serve the development prior to installation. 28. That the Owner shall ,obtain the approval of the C.P. Rail for any increase or change in direction of natural drainage affecting Railway property. 29. That the Owner shall submit for the review and approval of C.P. Rail and the Town of Newcastle a report which investigates ground vibration transmission and, if necessary, recommends methods to ensure the protection of dwellings within 75 metres of the nearest track. 30. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are exteilHU to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, fmancial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 31. That prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plan capacities are available to the proposed subdivision. 32. That the Owner shall agree in the Region of Durham subdivision agreement to reserve Block 333 for a potential GO Transit station for a maximum period of ten (10) years. The agreement shall provide for the release of any portion of Block 333 the Region deems to be surplus for GO transit station needs during this time period. , -1 .. 100. Page -i62" 33. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Town of Newcastle concerning the provision and installation of roads, services, drainage and other local services. 34. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the owner and the Region concerning the provision and installation of sanitary sewers, water supply, road and other regional services. 35. That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority: i) site grading, sedimentation control and major overland flow routing; and ii) the requirements of the West Side Creek Master Drainage Plan as they pertain to this site. b) That the Owner shall carry-out or cau3e to be carried-out to the satisfaction of the Ministry of natural Resources, the recommendations contained in the stormwater management, sedimentation and erosion control plans required in Condition 22. c) That the Owner shall maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. d) That the Owner shall notify the Lindsay Ministry of Natural Resources office at least 48 hours prior to the initiation of anyon-site development. e) That it be registered on the title of all properties within 300 metres of the Canadian Pacific Railway right-of-way, that the Owner and future Owners are . fully aware of the Railway's presence and also that the Railway will not take I __ f . III to. /(0 Page 163- responsibility for complaints as a result of noise, vibration, air quality, etc., generated by present and/or future operations. f) That the Owner agrees to construct a 1.83 metre high chain-link fence along the common property line with the Canadian Pacific Railway and the development, and agrees to include a covenant running with the land, in all deeds, obliging the purchasers of the land to maintain the fence in satisfactory condition at their expense. g) That the Owner agrees to install a berm or combination berm and noise attenuation fence as required by Canadian Pacific Railway, having a total height of not less than 5.5 metres above the top of the rail, on private property adjacent to the railway. The berm must have a minimum height of 2.5 metres. h) That 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 Westside Creek without prior written authorization from the Ministry of Natural Resources. i) That the Owner agrees to implement those ground vibration control measures as recommended in the vibration report as required in Condition 29. 36. That prior to final approval of this plan for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: a) The Town of Newcastle, how Conditions 1, 2, 3, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 29 and 33 have been satisfied; b) The Central Lake Ontario Conservation Authority, how Conditions 20, 21, 22 and 35 a) have been satisfied; c) the ministry of the Environment, how condition 24 has been satisfied; d) the Northumberland and Newcastle Board of Education, how Condition 25 has been satisfied; e) the Peterborough-Victoria-Northumberland and Newcastle Separate School Board, how Condition 26 has been satisfied; f) the CP Rail, how Conditions 27, 28, 29, 35 e), 35 f), 35 g) and 35 i), have been satisfied; and I , . ., . I ( ( Page ~ g) the Ministry of Natural Resources, how Conditions 22, 35 b), 35 c), 35 d) and 35 h) have been satisfied. ~NDMENT OF CONDmONS OF DRAFT APPROVAL DATED APRIL 16, 1991 Condition 1 is amended to incorporate the date, Residential Reserve-Block 301 was expanded to include an additional residential property (supporting a single family dwelling) fronting onto Regional Road 57 (Martin Road). Condition 1 now reads as follows: "1. That this approval applies to draft plan of subdivision 18T-88046, prepared by Design Plan Services Inc., identified as drawing number B-8725/3-29, dated (Revised) August 2, 1990, which is further revised in red and dated Apri110, 1991 as per the attached plan, illustrating 209 lots for single family detached dwellings, 85 lots for 170 semi-detached units, 138 lots for street townhouse units, a multiple family residential block (90 units), 3 residential apartment blocks (282 units) and various blocks for commercial, medical centre, day care centre, public elementary school, neighbourhood parks, open space, walkway, road reserve, residential reserve and future development." / , I .. ) I ~ Page4-95- SCHEDULE "T" THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. 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I I ! ! ! ! j ! ! ! I '1 '-'-'~ I I' I' J t-t-t- L- L}-- L . J .~._._.J r--j-j-ri i i r' / . /-;r'-'-' i ~:-=:j t.i i i i i ! i ! / ~--_.! .-1 ."'.J......L..J......L..L..L...J.....( / ! J .. --.--" . V '1"--'-' , ' 0" / I .L.--.-- . I \ \ / / !---""'T','rr"-'TT"f~ r ~'--'i \ .. \; /! i i i i i i i ! ! !) ,'-'-', ' '. \!! i i i i i i i ! !!! '-'-T-'-) .. { ! i ! i i i i r..L.L.L-! ~--'i.._._. ! ~.J i ! i ! ~:===iJ' ~--'i__.J ~..LL.L.LT___ , ~'-'-'l ' ~ ~._-.-! ~ --.1--.- ! \ i--'-i L . 1 4. r'-'i I ._.-t__~ \ (--J i:"-.-i ) '" _____1......_.-'" .........__.-1...__-./ cf' ---', , \ \ \ \ I I I I \ I I II I I I I I I I \ )/ 'v",,/ /) ~--.i.-i.-i.._-L~-L.._-L_.....i~_\.-,-_---..:ee- .... " I i f i ,..----.---...) I i i i i j i i i ~~-----,-~ I Oc=Ji - I I I i ---._._..1.._ ..___._.__.j A A KEV PLAN K.ALf: t: eoH ..-.- """ .. .........."""'" , ~.""""'..--. ! .J1, I ~~l .......~~= I _.:..~.... ~~IOH TllIIH OF IElICASTLE -T',u ~~'~.T\,O\' SCIUTK HAlF ,--- ~ .... ,....7,... ............u.Ju. 91002 ...... ....... - e:.. L2QF I .. I(~ Page f66- SCHEDULE "U' THIS SCHEDULE IS SCHEDULE "U' to the Agreement which has been authorized and approved by By-law No. 91-100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDSCAPING PLAN (See Attached) ~ "- ---.: . . " - --- -.....--...... :Jr_"":::"~-:-'" .... -......-~..._- :::c:.--....,_...- :::-:.. -..=.-.......... - - .....- ..~~~=-=- :.:::....~-_..~ -.......---. .~-..... .---..... .~....1'_ .- ............ -.....................-... - ---- -.. .. -, ....._ft_.........._ -- --~---~- - .--.-.....~ ~..,-nc.~C1I'~ JII\.8-.lC vo.CACS ~ )J..~ .' ~- .' - HUM. SlZ CON REMARKS 1 ~ SI U .. .. .. ., J...,d 27 Iff' CA~ .. .I.!!!fi 1. 2. J. 4. ..--...-.....-- --~.-- -- -...- -- --- --.. ..... - --- ..... - ......... Pl.AII ING DETAIL OF ' tlIIG6ED DECIDUOUS TREE "';.:" .-..,.. ." ",,'w..... r llUlCK 110 /'------- <' \ IlUlClI 101 PAfIl( LOCK 108 , I I I . j ~ "' " W~~I . ~cW ~~ i i i i i i. I ! i! i f . . 46 ..... 41 48 <l5 49 LOCK 109 44 50 .c3 51 .t2 $I 53 54 I I I I 1 Ii! i i! ""~ ~t ! i i i !! ... . ~li j ! ii i 1--- )---- tSiQP(". . ~~'--' t --. i 0 I i i i i i 1 12 3 4 5 6 ., . ~i~ 22 i i ! I ! ft KEYflLAN ~s.:1SOOQ- ~ .-....- 'fl' - ..J.... ...- ... - "... .. ........ .. -~... - .-...- --- .~ ~J.O'1IIII)t..AUCQGDJSa .....-:AIII-- --- .....~&a.. ..... ~~IOll tlliIIc lJ' IElltA5n-E L1 - - ..~ ~_ fUll I'HdiE: 1 .... ..,.- --....."<<:. -...,~ ........... _tOGa ....... U.L ~ ~... .~._. _..-----. \..l(JII J . ~~--- --. l Y, ... / ( 7 Page 1:67-' SCHEDULE "V" THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. MINISTRY OF NATURAL RESOURCES That the Owner shall submit to the Region of Durham, the Town of Newcastle and the Ministry of the Environment for review and approval a revised noise report prepared in accordance with Ministry of the Environment guidelines, which re- evaluates the impact of noise from Canadian Pacific Railway and Regional Road No. 57 and recommends any necessary noise attenuation measures. The approved noise attenuation measures shall be implemented through the subdivision agreement of the Town of Newcastle, which is registered on title, and shall include any required warning clauses identified in the acoustic report. A copy of the executed agreement shall be provided to the Region of Durham and the Ministry of the Environment to facilitate clearance of this condition. NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION That the Owner shall agree in the Town of Newcastle subdivision agreement to reserve Block 335 for elementary school PUl poses for a maximum period of seven (7) years, during which time the Northumberland and Newcastle Board of Education and the Owner may negotiate a purchase agreement. PETERBOROUGH-VICTORlA.NORTHUMBERLAND AND NEWCASTLE SEPARATE SCHOOL BOARD That the Owner shall agree in the Town of Newcastle Subdivision Agreement to reserve lots 60 to 79 to provide options for possible future development of a separate elementary school site and access to a public park proposed as part of plan of subdivision 18T-90050. The lots required for school purposes shall be reserved for a maximum of (7) seven years, during which time the Peterborough- Victoria- Northumberland and Newcastle Roman Catholic Separate School Board and the Owner may negotiate a purchase agreement. , 1_____ . ~, ....' I { 'r Page .ffi8"' CANADIAN PACIFIC RAILWAY 1. That the Owner shall obtain the approval of C.P. Rail for any proposed utilities under or over Canadian Pacific Railway property to serve the development prior to installation. 2. That the Owner shall obtain the approval of the C.P. Rail for any increase or change in direction of natural drainage affecting Railway property. 3. That the Owner shall submit for the review and approval of C.P. Rail and the Town of Newcastle a report which investigates ground vibration transmission and, if necessary, recommends methods to ensure the protection of dwellings within 75 metres of the nearest track. 4. That it be registered on the title of all properties within 300 metres of the Canadian Pacific Railway right-of-way, that the Owner and future Owners are fully aware of the Railway's presence and also that the Railway will not take responsibility for complaints as a result of noise, vibration, air quality, etc., generated by present and/or future operations. s. That the Owner agrees to construct a 1.83 metre high chain-link fence along the common property line with the Canadian Pacific Railway and the development, and agrees to include a covenant running with the land, in all deeds, obliging the purchasers of the land to maintain the fence in satisfactory condition at their expense. 6. That the Owner agrees to install a berm or combination berm and noise attenuation fence as required by Canadian Pacific Railway, having a total height of not less than 5.5 metres above the top of the rail, on private property adjacent to the railway. The berm must have a minimum height of 2.5 metres. 7. That 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 Westside Creek without prior written authorization from the Ministry of Natural Resources. 8. That the Owner agrees to implement those ground vibration control measures as recommended in the vibration report as required in Condition 3 above. / . 'f, --- ' I J> I (cr Page ~ MINISTRY OF NATURAL RESOURCES 1. That the Owner shall prepare and submit a Master Drainage Plan for the West Side Creek, to tbe Central Lake Ontario Conservation Authority, Ministry of Natural Resources, and the Town of Newcastle for their review and approval. 2. That the Owner shall maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ministry of Natural Resources. 3. That the Owner shall notify the Lindsay Ministry of Natural Resources office at least 48 hours prior to the initiation of anyon-site development. 4. That 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 Westside Creek without the prior written authorization from the Ministry of Natural Resources. , ~, -- ~ , . (~D Page fftr SCHEDULE "W" THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized and approved by By-law No. 91.100 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ARCHITECI'URAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the following architectural control standards: 1. EXTERNAL MATERIALS: a) Exterior construction must be a minimum of forty (40%) percent masonry 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 comers require full height masonry products on all elevations. 2. COLOURS: a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such as earth tone range, pastel range, grey /black range etc. b) Where bricks are used, coloured mortar is required. c) Accent colour bricks for brick detailing is permitted provided if used consistently in group of dwellings. d) Colour of caulking around metal flashing or windows is required to match colour of brick or siding. 3. REPETITION OF ELEVATIONS AND STYLES: a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty- five (25%) percent exterior variations in elevations or colour schedule. b) Dwellings 0 identical elevation and/or colour schedule must be separated by a minimum of four (4) lots. ~~' ..~ jJ.-( Page Hi c) Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the same architectural influence. 4. QTIfERS: a) All metal roof vents and stacks must be located in the rear slope of roofs and must be painted to match the roof colour if exposed to public view. b) All dwellings must carry brick veneers to within twelve (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) The Owner shall encourage the builder of dwellings to vary siting and setback of dwellings: d) The above standards are minimum standards and builders are encouraged to exceed the standards as long as the objective of creating attractive and aesthetically pleasing appearance is achieved. -~ --------- ~.. ---- WEST BOWMANVILLE DEVELOPMENTS LTD. SUBDMSION AGREEMENT WITH THE CORPORATION OF THE MUNIClPALllY OF CLARINGTON DRAFT PLAN OF SUBDMSION NO. 18T-88046 NOW PARTLY PLAN OF SUBDMSION 4OM-1816 AND NOW PARTLY PLAN OF SUBDMSION 4OM.l864 I N o E X WEST BOWMANVILLE DEVELOPMENTS LTD. SUBDIVISION AGREEMENT WITH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DRAFT PLAN OF SUBDIVISION NO. 18T-88046 NOW PARTLY PLAN OF SUBDIVISION 40M-1816 AND NOW PARTLY PLAN OF SUBDIVISION 40M-1864 INDEX 40M-1816 1. Inhibiting Order. 2. Transfer in fee simple of Reserve Blocks 96, 97, 98, 99 and 100. 3. Transfer in fee simple of Park Block 89 and Walkway Block 94. 40M-1864 4. Inhibiting Order. 5. Transfer in fee simple of Reserve Blocks 23 and 24. 6. Transfer of Turning Circle Easement over Parts 1 to 10 on Plan 40R-17338. 1 p~ of Ol'lt-"9 1',:> 'I J ~ )- "" .....-{ :r C'- C\..r C'- u..; \-- ......j <;) Nfw Property ~ ExecutJoM (I) TbitI DoculMRt ~..~: Inhibiting Order Attached N ...... f' ) c::::> >- N ~ c::;) If) 0") ... M:tItionaI: ::.... 0 AddIlionlll: ~O (9) ~ DoewMnt"""'to IM1rumeQl RUIAb4Ir(.} ('10) Party(Ju) (Set out &ltaWa Of Interellt) N8mft(.) ( Document General ~a:n/~"f),~~IM. Form 4 - Land R istlatlon Reform Act aspen.d (1) Registry 0 Land noe. [XJ (2) Page 1 of (3) Property Block Property ktentlner(s) if D page. Ac:kIIllanaI: See SChe<luIe (4) Nature of Document Application by Municipality for Inhibiting Order (Section 23) (5) Conllideratlon 00Ua.ra $ (6) Description ~~ Parcel Plan 1, Section 40M- ,((Il.p as to Blocks 88, 89, 94,96, 97, 9899, and 100, Plan 40M- ,<blv Municipality of Clarington Regional Municipality or Durham (7) this Document Contains: (a) Redescription New Ease. ment 0 Plan/Sketch (b) Sohedule for: Addltion.ll Oltscriptlon 0 Pwtle. 0 Other 1XI Continued on Schedule 0 Signature(s) Date of Slgnatln . Y M D --~~,~~:2"~~--t"~-fzt" :1 ...'."....."......,-"..-..........>....--..,......,..,...<'.~..,.~.<'~......._..v,._''^''-v........-_v.-''"...-.-''''('.'''^''..,...................".''''~......-A'"''".......'''''.~,.:;~.vvv_~~Vl,_- I ~ ~ , .' ._,."w.v~W"-'-~y-'--~--!-1 i-_v 1 i; .mE.CORPORATION..OFTHE.. N...w.'w_w_....<N.w....,........w. MUNICIPALI1Y OF CLARlNGTON .~byJtsSQlidto.n.-.sHIBLEYJUGHTQNw",_'w_._,.,_ww per Nicholas T. Macos (11) Addr... tor SeMcle 40 Tem ranee Street, Bowmanville, Ontario, LtC 3A6 .~ hftr(Ju) (s.t out ... or .........) ~(a) ... lor s..rvto. (14) UAIcipaI Addreu of Prop4u1r Not Assigned .,.. J; , ._...11-.... Signatute(s) Date of Slgnatan Y .. D I '. ----~,- _""~~~~N'~~~~~'~~_"_''''~''_~'_~~_~! J_w ----10"--1 '1 - (15) Document Prepared by: Nicholas T. Macos Shibley Rigbton 401 Bay Street, Suite 1800 Toronto, Ontario MSH 2Z1 >- ....s and Tax ...I 5 Registration.... w (f) ;:) w u iZ l.I. o IX: :r Total ~ IIIini .. . .. -I? ....- . LAND TITLES ACT Section 23 .{\pPLICATION BY MUNICIPALI1Y FOR INHIBITING ORDER TO: THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF DURHAM (NO. 40) I, Patti Barrie, Oerk of the Corporation of the Municipality of Oarington hereby certify that WEST BOWMANVILLE DEVELOPMENTS LTD. The Registered owner of firstly Remainder of Parcel 15-3, Section Con. 1, Newcastle (Darlington) being Part of Lot 15, Concession 1, Geographic Township of Darlington; S,econdly Part of Parcel 15--6, Section Con. 1, (Darlington) being Part of Lots 15 and 16, Concession 1, Geographic Township of Darlington; and Thirdly All of Parcel 1544, Section Con. 1 (Darlington) being Part of Lot 15, Concession 1, Geographic Township of Darlington, allia the Muuicipality of Clarington in the Regional Municipality of Durham as laid out by Plan of Subdivision ch1;ted May 29, 1995 prepared by R.S. Karpiel, Ontario Land Surveyor has not executed and is not under any obligation to execute any Transfer of Land or Tranfer of Easement or any Agreement affecting title to the said land in favour of the Corporation of the .Municipality ofClarington has not been registered as of the date hereof except the following: ~SFERS ~..A~IlEEM~I\fl'S UlTSAND BLOCKS Transfer in Fee SiInple (0.3 metre reserves) Blocks 96, 97, 98, 99 and 100 Plan 40M- \ "31 ~ Transfer in Fee Sim,ple (puk) Block 89, Plan 40M-.J <?;1'" Discharge. of .Charge (Cb$;ge..#Nl.3418Q) Block 89 PlttIA UOM - (~IP I TJ"aD$f.er in FeeSiInple (Walkway) Block 94, Plan 40M- 1 ~ t to Dischatge olehatge (Charge *NL341~~ Block 94, Plan40M- l<;S/ h Discha.rge of Charge (Cl14u:se #NL341S6) Block 88, Plan 40M- I q I to ... i - 2- AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario, LtC 3A6. DATED at Qarington this / () I have authority to bind the Corporation. 2 r ~, ~ Province of Ontario Transfer/Deed of Land DYE & DURHAM CO. INC.-Form No. 970 Amendtld NOV. 1992 II Form 1 - Land Registration Reform Act ..;z A (1) Registry 0 (3) Property ldentlfter(s) Land Tlttes [Xl T(2) Page 1 of Block Property 2 pages ) Additional: t"hedUIe 0 o &.r:l C":) CO N C- -' C":) (4) Consideration 'r-' ,-'" '" < C l- II' (! ... '" c; ;z '" TWO----------------------------;)ollars $ 2.00 (5) Description This is a: Property 0 Property Division Consolidation 0 ~ c::;:) ~ Additio~ ~hedule 0 Part of Parcel Plan- r Section 40M- I ~ ( (- being all of Blocks 96, 97, 98, 99 and 100 on Plan 40M- l c;- It, Municipality of Clarington Regional Municipality of Durham U1 ..... U? en ... Executions (6) This (a) Redescription Document New Easement Contains Plan/Sketch Additional: See 0 Schedule : (b) Schedule for: i o i Description 0 Additional Parties 0 Other [Xl (7) Interest/Estate Transferred Fee Simple (8) Transferor(s) The transferor hereby transfers the land to the transferee II'lCllceJtiiilBdR~lISJlKllt8lJi1~J01CIlQIfl8~ . . . . . . . . . . . . . .. ............................................................................ N~~(S)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signat~r~(sj ~. . . . . . . . . . . . . . . . . . . . . ": D~te o~ s~n~tur~ '" :; I . . Wl'lS'l'. aQWl11\~v.I.L.L;E. P~~~Ql?l1E!~'l:S. .L:r'P... . . . . . . . . .. p~,r.:.... . . . . . . . . . . . . . . . . . . . . . J. ~ ~~~ .i .Ot.P: t:;>\ WILL AM JOHN DANIELL : i' . , President !! . . . . . . . . . . . . . . . . . . . . . .- . . . . . . . . . . . . . . . . . . . . . .. .................................J..""""I."" .". . 1 . , 1 : .. .";r.I;1Gly~.ql.l~l\qr.i:ty.1:9.l;>i,.I').q .'t:l\e. .Cp,rP9?=?l:t;lPP...".. ................................ i..... .j... ... . , : i (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature y M 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . .;,'. .. ~ .. .. . . : I I ! ! i (10) Transferor(s) Address forS~~ 1029 McNicoll Avenue, Scarborough, Ontario (11) Transferee(s) MIW 3W6 Date of Birth Y M 0 , 1 . . . :raE. CO~l?QlV\'l:I.OJ'l. Pf. 'J'~J;: . ~t}~l;GI.P.A.L.I:r'X. pr. q:.!i!1.I.N.G.T.O.N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . j . . . . . .!. . . , , , , , , , , , , , , , , . . . . . . . . . . . . . " . " " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . ... . . , , , , 1 , I I , , , I , , . . . . . . . . . . . . . . . . . . . . . . . . . " . " . . . . . . " . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . .," . " . . "'" . . : j i : , . I , . , 1 , ! . .. i" .. '. . " . ! , . (12) Transferee(s) Address forSe"~e 40 Temperance Street, Bowmanville, Ontario LIC 3A6 (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y MO, Y M 0 I I, I , I I I I::. : :: Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Signature...........................!...... :. . . ~ . . . . Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to <i. determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature ~ Name and ! Y : M: 0 Q. Address of . : i i o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . .' . . . . I _ u; o - <( ~~~ ~ c~~ 'c ~~Kl lij ~.::f!l a: n3~C Ci5.E'= .~o~ ~Q.c: '0 (/) (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Name and Address of Solicitor Date of Signature Y M 0 . ~ Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . . (15) Assessment Roll Number of Property (16) Municipal Address of Property Not Assigned Cty. ~ Mun. : Map ! Sub.: Par. I I : Not Assigned , , , 1 Attn: E. Drew Dowling 1"1 >- ..J Z Registration Fee o w en ::> w () u. u. o a:: o u. ,,, Fees and Tax (17) Document Prepared by: WALKER, HEAD Barristers & Solicitors 200-1305 Pickering Parkway Pickering, Ontario LIV 3P2 Land Transfer Tax Total OYE & DURHAM cO. INC. - Form No. 500 Amended 1991 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act << , Section 40M- { 4" (' " the Municipality of Refer to all instructions on reverse side. IN THE"!1ATTER OF THE CONVEYANCE OF (insertbriefd8scriptionofland) Part of Parcel Plan- ~eing all of Blocks 96, 97, 98, 99 and 100 on Plan 40M- I~ (? , in Clarinqton, in the Reqional Municipality of Durham WEST BOWMANVILLE DEVELOPMENTS LTD. BY (print names of an transferors in full) TO (sae instruction 1 and print names of all transferN8 in full) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I. (sae InstfUCtion 2 and print nsme(s) In full) NICHOLAS T. MACOS MAKE OATH AND SAY THAT: 1. I a m (place a clear mar/c wlttJln the sqUllffl opposite that one of the following paragraphs that dsscribes the capacity of the deponent(s)): (sae instfUCtion 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in'the above-described conveyance; ~ (d)The~~licitoractinginthistransactionfor(insartname(S)ofprlncipal(S)) The Corporation of the Municipality of Clarinqton described in paragraph(s) (a), (b). (c) above; (strike ~ references to inepp/lcab/e~) o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert nsme(s) of corporation(s)) described in paragraph(s) (al. (bl. (c) above; (strike out references to inapplicsb/e paragrsphs) o (f) A transferee described in paragraph( ) (Insert only one of paragraph (a), (b) or (c) abowI, as appticsb/e) and am mak ing this affidavit on my own behalf and on behalf of (lnsert_ of spauR) who is my spouse described in paragraph ( ) (/nsart only one of paragrsph (a), (b) or (c) abowI, as appticsb/e) and as such. I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. o does not contain a single family residence. . 0 contains more than two single family residences. (_Instruction 3) NotItI: Clause 2(1){d) imposes an additional tax at the rllte of on.half of one per cent upon the value of consideration in excess of $400,000 where the convey. ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1 )(f) and (9) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (_Instructions 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.00 (b) Mortgages (I) Assumed (showprlncipatand Intereat to be credited agsinstpurchase prtce) $ nil (ii) Given back to vendor . . . . . . . $ nil (c) Property transferred in exchange (detail below) . . . . . . . . . . . . . . . . . . . . $ nil (dl Securities transferred to the value of (detail below) . . . . . . . . . . . . .'. . . . $ nil (e) Liens, legacies, annuities and maintenance charges to which transfer is subject. $ nil (f) Other valuable consideration subject to land transfer tax (dstall below) ...... $ nil (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) .................... (h) VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax Is paytlble on the vsJu. of an chaltels unless exempt under the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . . . . (i) Other consideration for transaction not included in (g) or (h) above (j) TOTAL CONSIDERATION ....................... 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) Municipality pursuant to a Subdivision Agreement. All Blanks Must Sa Filled In. Insert "Nil" $ 2.00 $ 2.00 $ nil $ nil $ 2.00 Where Applicable. Transfer to 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. No Sworn before me at the Ci ty of Toronto in the Municipality of Metropolitan Toronto this 141/.. day of ~IA.J-t 1995. ~C?i_ A Commissioner for taking Affidavits, etc. Property Information Record For Land Registry Office Use Only A. Describe nature of instrument: Transfer of Land Registration No. B. (j) Address of property being conveyed (If available) not assiqned (Ii) Assessment Roll No. (If available) not assiqned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street Registration Date Land Registry Office No. Bowmanville, Ontario LIC 3A6 D. (i) Registration number for last conveyance of property being conveyed (If available) 'l.. . 7 -------- signature(s) NICHOLAS T. MACOS (ji) Legal description of property conveyed: Same as in D.li) above. Yes 0 No 0 Not known 0 E. Name(s) and address(es) of each transferee's solicitor Shibley Righton, Barristers & Solicitors #1800 - 401 Bay Street. Toronto. Ontario M5H 2Z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesO No 0 (b) If Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? YesD No D (c) Do all individual transferees have French Language Education Rights? Yes D No D (d) If Yes. do all individual transferees wish to support the French Language School Board (where established)? YesD No D NOTE: As to (c) aoo (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b). 04490 (90-09) 3 " ~ O"'aM Province of Ontario Transfer/Deed of Land DYE & DURHAM CO. INC.-Form No. 970 Amended NOV. 1992 Form 1 - Land Registration Reform Act A (1) Registry 0 (3) Property Identifier( s) Land Titles D9 T(2) Page 1 of 2 Block Property pages t:f) ::r- c:> G) N r- r-' 0... UJ o U.J-. a: C; .-r u... -. o ....... C"':> 0: "'" 0: l- I!' t.::: k- G: t:: 2 ~ Additional: See 0 Schedule ......... t_ (4) Consideration TWO----------------------------- Dollars $ 2.00 U"'J l"""i (5) Description This is a: Property 0 Division Property Consolidation 0 i$ ~ tn C1'"> .. Additional: See 0 Schedule Part of Parcel Plan- I Section 40M- Iii I /, being all of Block 00l~ 89 and 94 Plan 40M- (~(G. Municipality of Clarington Regional Municipality of Durham Executions (6) This Document Contains (a) Redescription New Easement Plan/Sketch Additional: See 0 Schedule (b) Schedule for: Description 0 Additional Parties 0 Other [X] (7) Interest/Estate Transferred Fee Simple o (8) Transferor(s) The transferor hereby transfers the land to the transferee lIIXkleJtiiiJlSdt<<llbtllred7amlfHllOXiGJ8Xlleamtll_~~Xbatx .. ........~.................. .. D~te of S~natur~ Name(s) Signature(s) . ! :: I I I , .WE.S.T. .BO~NV+:J;.~F; .QE.V.E.LO?~~N'f$ .~'J;'Q. .. f?~1;',... ..... . . . . . . . . . . . . . . j ;L99? .i Q{p: b . Will am John Daniell 1 i! President ! i! . . . . .... . . . . . . . . . . . . . . 1 . . . ':" f'" , " , " "I .h!iY~. ~~~~9J;"~~y' to p;L~?-. ~~~. <;~:r.:P.~:r.:Gl:q~~.. ': . . ... . . . .,. . j. .1. i. . ! i: I ., : !! (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M D ! 1! .. ... . . . . -:. . . '1' l' . . , " : :: 1 {: (10) Transferor(s) Address rorS~~ 1029 McNicoll Avenue, Scarborough, Ontario (11) Transteree(s) MIW 3W6 Date of Birth Y M D , I ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i 1 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . I' ~ . , , , , , , , , , , , , , , . . . . . ~ . . . . . . . oJ . . I' . , , : ' , , , , , , . . . . . . . . . . . . . . . .j. . . .!. . I I I 1 I ; I , , , , 1" . I" " , . i I , (12) Transteree(s) Address tor Service 40 Temperance Street, Bowmanville, Ontario LIC 3A6 ...J <( z o t o I - ., (.) Q) <(~e~ ~ "E'~ m 'c ~e~ Iii .SlI....'" -. <.o...c Q.; Q5.E~ .~o~ ~~.c (5 (/) (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y M D ,Y M D \ 'I I I " I I::. 1 : 1 Si,gnature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . : . . .: SIgnature...........................!...... :. . . ~ . . . . Solicitor for Transferor(s)1 have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature Name and ! Y : M: D Address of S' t : : i SOlicitor Igna ure. . . . . '. . . I. . . ., . . . . (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 50(22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer does not contravene section 50 of the Planning Act. I act independently of the solicITor for the transferor(s) and I am an Ontario solicitor in good standing. Name and Address ot Solicitor Date of Signature Y M D ! Signature. . . . . . . . . . . .i. . . . . (1$) Assessment Roll NUfnber of Property (16)MUniclpal Address of Property Not Assigned Cty. Mun. Map : Sub.: Par. : ' , ' , ' , ' , , i Not Assigned 1TTl >- ...J Z Registration Fee o w en :J w U u: LL o a: o .~I Fees and Tax (17) Document Prepared by: WALKER, HEAD Barristers & Solicitors 200-1305 Pickering Parkway Pickering, Ontario LIV 3P2 Attn: E. Drew Dowling Land Transfer Tax Total DYE & DURHAM CO. INC. - Form No. 500 Amended 1991 " Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act Parcel Plan- ( , Section 40M-lfr ~ , in the Municipality of Clarinqton "efer to all instructions on reverse side. P f IN THE MATTER OF THE CONVEYANCE OF (insertbriefdescriptionofland) art 0 , being all of Blocks ~ 89 and 94 on Plan 40M- (~( ~ in the Reqional Municipality of Durham WEST BOWMANVILLE DEVELOPMENTS LTD. BY (print names of all transferors in full) TO (see inst,uetion 1 and ptint names of all transferees in full) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I, (S99 instruetion 2 and print name(s) in full) NICHOLAS T. MACOS MAKE OATH AND SAY THAT: 1. I am (place a clear marl< within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instwction 2) o (a) A person in trust for whom the land conveyed in the above-described conv!'lyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; IRI (d) The lOXbuxinalagDOtlllDCSolicitor acting in this transaction for (insert name(s) of prlnclpal(s)) The Corporation of the Municipality of Clarinqton described in paragraph(s) (a), (b), (c) above; (strike out references to Inapplicable paragraphs) o (e) The President, V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for (Insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) o (f) A transferee described in paragraph( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and on behalf of (Insert name of spouse) who is my spouse described in paragraph ( ) (Insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single fam ily residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. Nolie: Clause 2(1)(d} imposes an additional tax at the rate of one-half of one per o does not contain'a single family residence. cent upon the value of consideration in excess of $400,000 where the convey- o contains more than two single fam ily residences. (see Instruction 3) ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation" or a "non-resident person" as set out in the Act. (seelnstwetlons 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash. . . . .. ...... ............ $ 2.00 (b) Mortgages (i) Assumed (show ptlncipal and Interesllo be credited against purchase price) $ ni I (iil Given back to vendor . . . . . . . $ nil (c) Property transferred in exchange (detail below) "" . . . . . . . . . . . . . . . $ ni I (d) Secu rities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . $ ni 1 (e) Liens, legacies. annuities and maintenance charges to which transfer is subject $ nil (f) Other valuable consideration subject to land transfer tax (detail below) $ nil (g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) .................... (h) VALUE OF ALL CHA TTE LS - items of tangible personal property (Retail Sales Tax Is payable on the value of alt chaJtels unless exempt under the provisions of the "Retail Sales Tax Act", R.S.a. 1980, c.454, as amended) . . . . (i) Other consideration for transaction not included in (g) or lh) above (j) TOTAL CONSIDERATION ....................... 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction 6) Municipality pursuant to a Subdivision Agreement. 6. If the consideration is nominal, is the land subject to any encumbrance? No 7. Other remarks and explanations, if necessary. All Blanks Must Be Filled In. Insert "Nil" $ 2.00 $ 2.00 $ nil $ nil $ 2.00 Where AppllCaIJ/e. Transfer to Sworn before me at the Ci ty of Toronto in the Municipality of MetfroPol tian this 1'/11. day of ~ 19 Acomm;~@~ Toronto 95. A. Describe nature of instrument: B. (j) Address of property being conveyed (If available) Transfer of Land not assigned .6..." ?", ""'"'-- slgnature(s) NICHOLAS T. MACOS For Land Registry Office Use Only Registration No. Property Information Record c. (iil Assessment Roll No. (if avaltab/e) Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 Temperance Street Bowmanviller Ontario not assigned Registration Date Land Registry Office No. LIC 3A6 D. (il Registration number for last conveyance of property being conveyed (If available) (iil Legal description of property conveyed: Same as in D.(i) above. Yes 0 No 0 Not known 0 E. Name(s) and address(es) of each transferee's solicitor Shibley Righton, Barristers & Solicitors #1800 - 401 Bay Street. Toronto, Ontario M5H 2Z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesD No D (b) It Yes, do all individual transferees wish to be Roman Catholic Separate School Supporters? YesD No 0 (c) Do all individual transferees have French Language Education Rights? Yes 0 No 0 (d) If Yes. do all individual transferees wish to support the French Language School Board (where established)? Yes 0 No 0 NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b). 04490 (90-09) ~ Instructions ... 1. Where any transferee (other than a joint tenant) is taking less than the whole interest in the property being acquired, then the percentage ownership of each transferee must be clearly indicated beside his/her respective name. 2. (i) It should be noted that if all deponents are not entitled to mark the same square in paragraph 1 of the Affidavit, then more than one Affidavit will be required. Only those deponents who are entitled to mark the same square in paragraph 1 may swear the same Affidavit. (ii) This Affidavit is required to be made by each transferee named in the conveyance, by each person in trust for whom the land conveyed in the conveyance described is being conveyed and by each trustee named in the conveyance to whom the land is conveyed. (iii) However, any of the transferees may have the Affidavit made on his behalf by an agent authorized in writing to make the Affidavit or by his solicitor. (See clause (d) of paragraph 1 of the Affidavit.) (iv) The Affidavit for a transferee that is a corporation may be made by its President, Vice-President, Manager, Secretary, Director or Treasurer. (See clause (e) of paragraph 1 of the Affidavit.) (v) Where transferees are married to each other, either spouse may make the .Affidavit on behalf of him/herself and the other. (See clause (f) of paragraph 1 of the Affidavit.) 3. Extract of clause 1 (1) (ia) of the Act: (ia) "single family residence" means, (i) a unit or proposed unit under the Condominium Act, or (ii) a structure or part of a structure, that is designed for occupation as the residence of one family, including dependants or domestic employees of a member of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is situated is zoned for residential use, and "single family residence" includes any such residence that is to be constructed as part of the arrangement relating to a conveyance of land, but does not include any such residence constructed or to be constructed on agricultural land where the transferor with respect to the land conveyed meets the eligibility requirements for a farm tax reduction rebate contained in clause 4(b) or (c) of Ontario Regulation 716/83 made under the Ministry of Agriculture and Food Act. 4. Note: Subsection 1(3) provides, inter alia, that an individual shall be considered to be "ordinarily resident in Canada" if, at the time the expression is being applied, he has sojourned in Canada during the next preceding twenty-four months for a period of, or periods the aggregate of which is 366 days or more. Extract of clauses 1 (1) (f) and (g) of the Act: (f) "non-resident corporation" means a corporation incorporated, formed or otherwise organized in Canada or elsewhere, (i) that has allotted and issued shares to which are attached 50 per cent or more of the voting rights ordinarily exercisable at meetings of the shareholders of the corporation and that are owned by one or more non-resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such one or more non-resident persons do not in fact directly or indirectly exercise control over the corporation and that subclause (v) does not apply to the corporation, (ii) that has allotted and issued shares to which are attached 25 per cent or more of the voting rights ordinarily exercisable at meetings of the shareholders of the corporation and that are owned by anyone non-resident person or by that person and one or more persons who are associates of that person and who are themselves non-resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such non-resident person does not in fact directly or indirectly exercise control over the corporation and that subclause (v) does not apply to the corporation, (iii) one-half or more of the directors of which, or of the persons occupying the position of director by whatever name called, are individuals who are non-resident persons, (iv) without share capital and one-half or more of the members of which are non-resident persons, (v) that is controlled directly or indirectly by one or more non- resident persons, including a non-resident corporation within the definition contained in the provisions of this clause other than this subclause, (vi) one-quarter or more of the paid-up capital of which is held by a non-resident person or by that person and one or more persons who are associates of that person and who are them- selves non-resident persons, (vii) one-half or more of the paid-up capital of which is held by one or more non-resident persons, (viii) that would be required on dissolving, winding up, or any other distribution that is not a dividend, to distribute one-quarter or more of its surplus to a non-resident person or to that person and one or more persons who are associates of that person and who are themselves non-resident persons, or (ix) that would be required on dissolving, winding up, or any other distribution of surplus that is not a dividend, to distribute one-half or more of its surplus to one or more non-resident persons. (g) "non-resident person" means, (i) an individual who is not ordinarily resident in Canada or who, if ordinarily resident in Canada, is neither a Canadian citizen nor an individual who has been lawfully admitted to Canada for permanent residence in Canada, (ii) a partnership, syndicate, association or other organization of whatsoever kind of which one-half or more of the members are non-resident persons within the meaning of subclause (i), (iii) or (iv) or in which interests representing in value 50 per cent or more of the total value of the property of such partnership, syndicate, association or other organization are beneficially owned by non-resident persons within the meaning of subclause (i), (iii) or (iv), (iii) a trust in which non-resident persons within the meaning of subclause (i), (ii) or (iv) have 50 per cent or more of the beneficial interests in the corpus of the trust or in the income arising there- from, and "trust" includes the trustees under such a trust in their capacity as the trustees thereof, or (iv) a non-resident corporation. 5. Insert the name and place of residence - or in the case of a corporation, the place of incorporation - of any transferee who is a non-resident person. If space is insufficient, attach a list of those transferees who are non-resident persons. If none of the transferees is non-resident, insert 'none'. Note: Where the person named in the instrument as grantee is taking title on behalf of another person(s), the residency status to be recited must be that of the person or persons who are the beneficial owners of the land - not that of the grantee named in the instrument. This applies regardless of whether the trustee or nominee capacity of the grantee named in the instrument is indicated on the instrument. 6. Explain purpose of transfer: natural love and affection, pursuant to court order, separation agreement, etc. 7. Insert mailing address(es) where municipal assessment notices for property being conveyed are to be forwarded after closing of this transaction. SCHOOL TAX SUPPORT ( Voluntary Election) (a) & (b) The school tax support for the land being transferred will be assigned to the public school board unless otherwise directed. Only Roman Catholics can be separate school supporters. If all individual transferees are Roman Catholic and wish to be separate schools supporters, the completion of items (a) and (b) will serve as notice to the Regional Assessment Commissioner to enter the transferees on the next Assessment Roll as Roman Catholic separate school supporters. For further information on school support contact your local school board. (c) & (d) If the land being transferred is situate in an area in which a French Language School Board has been established, and all individual transferees have French language education rights, completion of (c) and (d) will serve as notice to the Regional Assessment Commissioner to enter the transferees on the next Assessment Roll as French language school board supporters. Individuals have French language education rights under s.23 of the Canadian Charter of Rights and Freedoms if the individual can answer yes to anyone of the following questions: (i) Is French the language you first learned and still understand? (ii) Did you receive your elementary school instruction in French? (This does not include French immersion or French as a second language). (iii) Have any of your children received, or are they now receiving elementary or secondary school instruction in Canada in French? (This does not include French immersion or French as a second language). This information is requested under the Authority of s.15 of the Assessment Act. For further information contact your local school board. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS- TRATION, ONE UNATTACHED, COMPLETED COPY MUST BE TENDERED TO THE LAND REGISTRAR AT THE TIME OF REGISTRATION. (R) 04490 (90-10) 4 .. Province of Ontario t- :::r- 0- ~ Lf") c w l~ . ("") <:> C'J w ,...... ~ cc 0 ~. ~r:i >- ~: E . Lf) " "--" 0- \"~'.;~~12 I -' < z ...,. 0 CO ';,,;;.j ...< , (""") , . u.l r- -'- !j'~: f/) c::: N .....-. _. ::l C) :::::> "'-""J u.l 0 c...,:l d-": 0 t- u.. u.J u: t- P I.\. .-l 0:: cD 0 IX UJ en 0 <:> u. New Property Identifiers Additional: ~Ule 0 ExecutloM AddItional: See Schedule (8) This Document provides as follows: Document General Form 4 - Land R Istratlon Reform Act StJIIDtJtW' 3.11/ DtstrtbuteJ by Do Process Software Lid. 7101 (1) Reglatry 0 (3) Property IdentIfIer(s) Land TItles lXI (2) Page 1 of 2 Block Property (4) Nature of Document APPLICATION BY MUNICPALI1Y FOR INHIBITING ORDER (Section 23 of the Act) (5) ConsIderation N/A Oollars$ (6) DMorlptlon -pA R. "F Parcel Plan-I, Section 4OM- \<i90lf as to Part of Lots 9,10,19 and 20 and Blocks 23 and 24, Plan 4OM- r Municipality of Clarington Regional Municipality of Durham (7) This Document o Contains: (a) Redescription New Easement 0 Plan/Sketch (b) Schedule for: Description 0 See annexed Application by Municipality for Inhibiting Order (9) This Document relates to Instrument number(s) (10) party(le8) (Set out Status or Interest) Name(s) Continued on Schedule 0 Signature(s) Date of Signature , Y ,M, 0 ...............7...~.....?..~....~:.........................1...19.9..6......i..u.1..~..~.. ~~~J~~.~=._+I'_ THE..CORPORATlON..OF.THE..MUNIC.IPALITY..OF CLARlNGTON by its solicitor ................................................................................................................................................ ................................................................................................................................................ (11) Address for ServIce 40 Tem rance Street, BowmanviUe, Ontario, L1C 3A6 (12) Parly(lea) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 . .. ......................................................................................................:....................{..........:........... . .. . ., . ., . .. . .. . .. . ., . ., . " . .. . .. ................................................................................................................................................. , ., . .. . .. . .. . .' . .. , .. . ., . ., , .. . .. .....................................................................................................-:,.....................:.........-:-.......... . ., . .. . .. . .. . .. . ., . .. . .. . ., . ., . ., ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ 13 Address forServlce (14) Municipal Address 01 Property .. 3Jf/TORONTO.CANADA (15) Document Prepared by: Nicholas T. Macos Barrister & Solicitor 130 Adelaide Street West Suite 2500 Toronto, Ontario MSH 2M2 Fees and Tax >- -' ~ Registration Fee u.l f/) => u.l o u: u. o a:: o u. Total Document pre litIng ProI:eA Software . ~. '-- LAND TITLES ACf Section 23 APPLICATION BY MUNlCIPALI1Y FOR INBlBmNG ORDER TO: THE lAND REGISTRAR FOR THE LAND TITLES DIVISION OF DURHAM (NO. 40) I, Patti Barrie, Oerk of the Corporation of the Municipality of Oarington hereby certify that WEST BOWMANVILLE DEVELOPMENTS LTD. the registered owner of Part of Parcel 15-6, Section Con. 1 (Darlington) being Part of Lot 16, Concession 1, Geographic Township of Darlington, Municipality of Oarington, Regional Municipality of Durham, being the land laid out by a Plan of Subdivision dated November 25, 1996 prepared by R.K Young, an Ontario Land Surveyor, has not executed and is not under any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement affecting title to the said land in favour of the Corporation of the Municipality of Oarington which has not been registered as of the date hereof except the following: TRANSFERS AND AGREEMENTS LOTS AND BLOCKS Transfer in fee simple (.3 metre reserves) Blocks 23 and 24, Plan 40M-I'81oY Transfer of Easement (temporary turning circle) Part of Lots 9,10,19 and 20, Plan 4OM-l<lb~ designated as Parts 1,2,3 and 4 on Plan 4OR- Postponement of Charge (Charge No. NL34186) Part of Lots 9,10,19 and 20 Plan 4OM- \~'f designated as Parts 1,2,3 and 4 on Plan 40R- AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned above have been registered. The address of the applicant for service is 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. DATED at Clarington this/7'ilJay of December, 1996. Municipality of Oarington I have authority to bind the Corporation. 5 ~ """" C"- (\.,J co en co t'- !- a.. w <.:) w ...--. ,~ 0 ~ , "4"" C~_ ...... >- ...J Z o w (j) :J w () u: u. o II: o New Property Identifiers u. I-- --I .1 <6;':''( 1.- .-y- ':"'t c:: (.;) => i:;:o t- o:: lU (.;) Executions Province of Ontario DYE & DURHAM CFS POLARIS 1995 Transfer/Deed of land Form 1 - Land Registration Reform Act A C'? t.n I ~ ,-:). ...-i T.';.. I E ~' '" \ , ~, l'J , CC '- YJ , ',~r! , CD f I . C~: cc:l .~~,~ LW v, I..L.. t"- en .. Additional: See 0 Schedule Additional: See 0 Schedule : (b) Schedule for: . : Description 0 . (6) This (a) Redescription Document New Easement Contains Plan/Sketch 0 (1) Registry 0 (3) Property Identifier(s) Land Titles [RJ 1 (2) Page 1 of Block Property pages Additional: See 0 Schedule (4) Consideration Dollars $ (5) Description This is a: Property Property Division 0 Consolidation 0 Part of Parcel Plan -1 Section 40M- Ii" '( being Blocks 23 and 24, Plan 40M- (~~ <( in the Municipality of Clarington Regional Municipality of Durham Additional Parties 0 Other ~ (7) Interest/Estate Transferred Fee Simple (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that ... "f\.... Sig~atu~e',<\) . 66 . JIU'W\UA.A Date of Signature .'V M D : 1~'1 tp :12..: t3 , . , , I . l , , , , . , I , , I Name(j) WEST BOWMANVILLE DEVELOPMENTS LTD. Per: . w. D '..~ ,~;../,' /J.. H. ,; I have authority to bind the Corporation (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) n/a Signature(s) Date of Signature y M D i i i , 1 I , . I. , 1 , I , , , 1 1 , , , , Date of Birth y M D i i i I I I 1 .,. .,. I , , , , I , , , 1 , , I ',' I I I I , , , I , I . .1. ... , , , I , I , , , 1 , , , , I (10) Transferor(s) Address 1029 McNicoll Avenue, Scarborough, Ontario M1W 3W6 for Service (11) Transferee(s) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (12) Transferee(s) Address . . for Service 40 Temperance Street, Bowmanvllle, Ontario L 1C 3A6 (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature : Y: M: D: : Y : M: D I I I I I 1 I Signature. . . . . . . . . . . . . . . . . . . . . . , . . . . '. . . . ! , . .'. Signature. . . . . . . . . . . . . . . . . . . . . . . ! . . . . .' . . .' ..J Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to <( determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and Z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature ~ Name and . Y ,M. D 0.. Address of : :: o Solicitor Signature.. I .'..1 . I ii) (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records ti - reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer <f. ~~ >- does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. ~ c~~ 'c ~:6~ 1ij .2/;: ~ - "'~ 0.. nE'"" ~g~ ii:\i'c o en Name and Address of Solicitor (15) Assessment Roll Number of Property (16) Municipal Address of Property Not Assigned Signature. Date of Signature Y ,M, D I , , , , I I Cly. : Mun.: Map . Sub.: Par. I I I I I I I I I I . " I : not assigned III Fees and Tax ~ ...j ~ Registration Fee w C/l Land Transfer Tax (17) Document Prepared by: WALKER, HEAD Barristers & Solicitors 200-1305 Pickering Parkway Pickering, Ontario L 1V 3P2 w L1. U. [[ u. Total =~ ~=--~ =:;h:~ Page 2 Affidavit 01 Residence and 01 Value ot the Consideration "Refer'to~/instructions on f8II8fSuide. For~ 1 - Land Transfer Tax Act IN THE MATTER OF THE CONVEYANCE OF (lnPItbriefd_cdptIonellMd) Part of Parcel Plan-l, Section 4OM-1864 being Blocks 23 and 24)'lan 40M.1864, Municipality of Clarington, Regional Municipality of Durham BY (pdnt nam.. of ell "",-"In IvIIJ West BowmanviJle Developments Ltd. TO (a..lMtructlon 1 MIl ptInt _ of ell ",,"""'n lull) The Corporation of the Municipality of Clarington I, (a.. 1""lnIctIon tl MIl print n--ca) In lull} Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I am (place a clew marlr within the aflU" oppoaIte that one of the following ".,.",.,.. flJat "C""" the capacity eI the deponenI(a)}: (a.. InatrrH:fIon tl) o (a) A person In trust for whom the land conveyed In the above-described conveyance Is being conveyed; o (b) A trustee named In the abOve-described conveyance to whom the land Is being conveyed; o (c) A transferee named In the above-described conveyance; IJQ (d) The authorized agent or solicitor acting In this transaction for (Inaert ---ra) eI princ/pel(a}} The Corporation of the Municipality of Clarington described In paragraph(s) ~ ~ (c) above; (mllce out ..,.,.,.... to lMppIIca"" P"''''''''''') o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (1nPIt -.(a) eI cOlp<<llllonfa)} described In paragraph(s) (a), (b), (c) above; (mike out""."",.... '" Inapplicable p""""""') o (f) A transferee described In paragraph ( ) (lnaott only one eI".,..",.",. (a), (b) or (c) above. .. appIlcabfe) and am making this affidavit on my own behalf and on behalf of (1nPIt _ eI apouae) who Is my spouse described In paragraph ( ) {IntIott only one eI ".,.",.,. (a). (bJ or (c) .".,.... .. eppIIoabfe) and as sUCh, I have personal knowledge of the facts herein deposed to. 2. (To be completed .".,.. Ihe VIIIU4I of Ihe conaldenJllon fOl ",. conveyance exceeds $400,000). I have read and considered the definition of "single family residence" set oulln clause 1 (1 )(Ia) of the Act. The land conveyed In the above-described conveyance o contains at least one and not more than two single family residences. Note: Clause 2(1)(d) Imposes en addhlonal tax at the rate of one-half of one per o does not contain a single family residence. cent upon the value of consideration In exceu of $400,000 where the conveyance o contains more than two single family residences. (_ InatrrH:fIon 3) contains at least one and not more than two a1ng1e family reaIdencea. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively In clauses 1(1)(f) and (g) of the Acl and each of the fOliowlng persons to whom or In trust for whom lhe land Is being conveyed In the above-described conveyance Is a "non-resident corporation" or a "non-resident person" as set out In the Act. (a_ l""tructJona 4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid In cash ........................ $ (b) Mortgages (I) Assumed (Mow p1IncIpaI and IntorNt '" be credited ...",., pun:IIau price) . $ (II) Given back 10 vendor ..... $ (e) Property transferred In exchange (detail below) $ (d) Securities transferred to the value of (d"'" below) $ (e) liens, legacieS, annuities and maintenance Charges to which transfer Is subject $ (f) Other valuable consideration subject to land transfer tax (detail below) $ 2.00 Nil Nil Nil Nil Nil Nil All B1an1ra II"., Se FmHIn.. I""ott -NIl- (g) VALUE OF lAND, BUilDING, FIXTURES AND GOODWILL SUBJECT TO lAND TRANSFER TAX (Total of (a) to (f}) .. . . . . . . . . . . . . . . $ 2.00 $ (h) VALUE OF ALL CHATTELS - lIems oftanglble personal property (Retail SeI.. Tu" payable 011 the n/ue of ell chattoIa uttfou e"""" undo' tIIo pIOVIaIona of tIIo -RotaIf Salea Tu Act-. R.B-O. 1l18O, 0.454, .. -..dH' $ (I) Other consideration for transaction not Included In (g) or (h) above . . . $ (j) TOTAL CONSIDERATION . . . . . . . . .. . . . . . . . . . $ 5. If consideration Is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ l""tructlOll B) ~onveY9nce pursuant to B Subdivision Agreement. 6. If the consideration Is nominal, Is Ihe land subject to any encumbrance? nla 7. Other remarkS and explanations, If necessary. n/a 2.00 "hole Applicable Nil Nil 2.00 Sworn before me at the City of Toronto \ In the Municipality of Metropolitan Toronto f \h" 3rd 'fl.ofFeb~.f)7 A Commissioner f~aVlls, etc. > , ^. /~ ------ I. . "gnatrHo(a} NIcholas T. Macos Property Information Record For Land Registry OffIce Use Only A Describe nature of Instrument: Transfer/Deed of Land Registration No. B. (I) Address of property being conveyed (If """abIe) (II)Assessmenl Roll No. (II anIIabIo) C, Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (a.. InafnIcfIon 7) 40 Temperance Street, Bowmanville, Ontario Registration Dale ILand Registry OIIIee No. LlC 3A6 D. (I) Registration number for last conveyance of property being conveyed (If anIIabIo) (II) Legal description of property conveyed: Same as In 0.(1) above. Yes 0 No 0 Not known 0 E. Name(s) and addressees) of each transferee's sollcllor Nicholas T. Macos, Barrister & Solicitor 130 Adelaide Street West., Suite 2500, Toronto, Ontario, M5H 2M2 School Tax Support (Voluntary Election) See rever.. for explanation (a) Are all Individual transferees Roman Calhollc ? Yes 0 No 0 (b) If Yes, do all Individual transferees wish 10 be Roman Calhollc Separale School Supporters? Yes 0 No 0 (c) Do alllndlvldual transferees have French Language Education Rights? Yes 0 No 0 (d) If Yes, do all Individual transferees wtsh to support the French Language School Board (where established) ? Yes 0 No 0 NOTE: As to (e) and Cd) the IMd being transferred wiD be ualgned to the French Public School Board or Sector un.... otherWlae directed In (a) and (b). 04480 (110-OII) 6 ~ Province of ...... Ontario Transfer/Deed of Land DYE & DURHAM CFS POlARIS 1995 Form 1 - Land Registration Reform Act 6J A l- (1) Registry 0 Land Titles ~ I (2) Page 1 of 3 pages CO 0.... C":) Block Property - tn (3) Property UJ 0..J <.:> r Identifier(s) Additional: .-I J See 0 CO w ,--., .-I Schedule cc 0 .~ l,,~ en v E: , :~,L ""--'" ,.,t-:~ , (4) Consideration Two----00/100 CC ' \<j I > CO ". -'.......-:;{.. "'-'-m , ...J -c( Z r- ,.,~';""'; Dollars $ 2.00 f- = CD , : 0 <: 0::: G~: w C;) ::::> (5) Description This is a: Property Property rn f- ~o en -:~~~ Division 0 Consolidation 0 ::> Lt....J '-.I"' W ......J l- Ll.... FIRSTLY: Part of Parcel 15-6, Section Concession 1, Darlington u 0.:: LL W r-- being Part of Lot 16, Concession 1 , Geographic Township of LL (.) Cry 0 .. Darlington, Municipality of Clarington, Regional Municipality of Durham II: New Property Identifiers designated as Parts 5,6,7,8,9 and 10 on Plan 40R- 17'))Y 0 LL Additional: SECONDl Y: Part of Parcel Plan-1, Section 40M- /9 , l.f being Part of See 0 Lots 9, 1 a, 19 and 20, on Plan 40M- J ~, <t designated as Parts 1, Schedule Executions 2, 3 and 4 on Plan 40R- I.., J ;) ~ , in the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham. Additional: 0 See Schedule (6) This (a) Redescription : (b) Schedule for: (7) Interest/Estate Transferred Document New Easement 0 . Additional EASEMENT , Description [ZJ 0 Other 0 Contains Plan/Sketch . Parties , . (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that ....~.. . . . . . . . . . . . . . . . Date of Signature Name(s) Signature . i 'V M 0 WEST BOWMANVILlE DEVELOPMENTS LTD. I 1996 :/2. :/} I , 1 . . . . 'Per:' ...... . , , . I I I I William J. Daniell - President I I . . . . . . . . .1. . . I . . I I I I . ':1 ~~v.e.t~e. ~u!h?~ity !o. ~i~d.t~e. <?~r~o~~ti?~" I I I I .1. . . , , , I 1 I 1 I (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) y M. 0 i i , I , I . . . . I . . . I. . . I . . '1' I I I I I I I I I I I (10) Transferor(s) Address 1029 McNicol! Avenue, Scarborough, Ontario M1W3W6 for Service (11) Transferee(s) Date of Birth y M 0 i i THE.CQRPORATION.OF. THE MUNICIPALJTY OF .CLARJNGTON. I I I' I I I I I' , , , . . . . . . . . I. . . I I I I I (12) Transferee(s) Address 40 Temperance Street Bowmanville Ontario l1C 3A6 for Service " (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature , y , M , 0, 0 y . M' 0 I I I I I I I I I I I I I I Signature. . . . . . . . . . . . . . . . . . . . . . ! . . . . I. . . . ! . . . I. Signature. . . . . . . . . . . . . . . . . . . . . . . ! . . . . .. . . .1. . . -l Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to <( determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature 0 Name and : Y ; M: 0 j:: ll. Address of . , " 0 Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . .,. . . I (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records t) ;n reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer ct: st.. does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Cl -~m c c:'1;; 'c ~c: c ~f!al .!!2 tit: c: ll. ~.E"= Name and Date of Signature ,,~CIl Address of Y M, 0 ~ga; . 0 :tg'" Solicitor , I I 0 I , , Vl Signature. ! .. . . I . . (15) Assessment Roll Number : Cly. : Mun.: Map : Sub. , Par. I II Fees and Tax I I I I I : not assigned > of Property ~ I : I I I I , ~ Registration Fee (16) Municipal Address of Property (17) Document Prepared by: ~ WALKER, HEAD Land Transfer Tax not assigned Barristers & Solicitors .~ 200-1305 Pickering Parkway "- C Pickering, Ontario II L1V 3P2 "- Total '" ~ Province of __ Ontario Schedule Form 5 - Land Registration Refonn Act DYE & DURHAM CFS POLARIS 1995 s Page 2 Additional Property Identlfier(s) and/or Other Information ADDmONAL COVEN~ The Traosferor hereby transfers to the Transferee, its successors and assigns. the free. uninterrupted and unobstructed right and easement (the "Easement") to construct, operate and maintain such temporary turning circle together with any and all appunenances, fadlities and works (the "Works") as may be required from time to time in, across. under and through the lands more particularly described in Box 5 hereof (the "Lands"). TOGEnIBR with the right of the Transferee. its successors and assigns and its and their servants, agents, contractors and workmen with all necessary materia1s, equipment, machinery and vehicles to enter upon the Lauds (the "Right to Enter") at aD times and to pass and repass thereon for the purposes of: i) installing, CODSUucting, reconstructing, examining, altering, repairing. renewing or replac:ing and maintaining the Works or any part thereof whether or not any part to be so constructed, installed, repaired. renewed, altered. replaced or maintained is situate on the Lands; and ii) the storage of snow. TO HA VB AND TO HOID the Basement and the Right to Enter in accordance with the terms of the Subdivision Agreement made between the Transferor and the Transferee. notice of which Agreement was registered as In.stnunent No.LT578130(the "Agreement"). The Transferee shall deliver a release of the Easement and the Right to Bnter in registerable form to the Transferor when obligated to do so pursuant to the terms of the Agreement. AND the Transferor: a) covenants that it will not erect any buildings or structure, plant any trees, hedges or shrubs.place or remove any fill on any part of the Lands or cause or permit any person to interfere in any way directly or indirectly with the Works or in any way derogate from the easement hereby transferred; b) hereby releases the Transferee from any and every claim which mayor might arise out of the exercise by the Transferee of any of the rights hereby granted or which may arise out of the existence. operation. constroctiOD, reconstruction examination, repair. renewal, replacement and maintenance of the Works; c) covenants with the Transferee that it has the right to convey the said rights and easements to the Transferee. notwithstanding any act of the Transferor; d) covenants with the Transferee that it will execute such further assurances of the said rights and easements as may be required by the Transferee; e) COVenants to transfer to the Transferee, from tUne to time, sucl1 other easements on a temporary basis only as the Transferee may reasonably require to exercise the Right to Enter; and f) except for the reiease of the Easement and the Right to Enter as provided in the Agreement releases to the Transferee all claims upon the interest hereby transfened. AND the Transferee. during the Term, shall have quiet possession of the said easement or right in the nature of an easement, nee from all encumbrances and restrictions, save as registered in priorit;y to this Transfer of Easement. ,m. w> Q.J ILZ 1L0 OUl o::(/) 0;:) ~III ~~.~=::~ =:::;;.:~ Page 3 Affidavit of Residence and of Value of the Consideration Refer to all instructions on nMn8 side Form 1 - Land Transfer Tax Act IN THE MATTER OF THE CONVEVANCE OF (_IIIt"".,deaOllpllollolland) Part of Parcel Plan-I, Section 4OM-1864 being Part of Lots 9,10,19 and 20'plan 4OM-1864 and Part ofParcellS-6, Section Conce.4;sion 1, Darlington Municipality ofClarington, Regional Municipality of Durham designated as Parts 1-10, Plan 4OR-I7338 BV (print _ of.""..,."".. In full} West Bowmanville Developments Ltd. TO (...lMtIuctlon 1 -'""", _ 01811""""" In lull) The Corporation of the Municipality of Clarington I, (... /natnIctIon 2 and""'" -i.) /If lull} Nicholas T. Macos MAkE OATH AND SAV THAT: 1 . I am (place. e"" __ wIfItIn ".. ...- fIIJIIMJfe IItet _ 01 ".. toIIowInfI ,..,.",.,.". IItet deacrl.... ".. CIIplICIty 01 ".. depoMn((-J): (_ IMtIuctlon 2) o (a) A person In trust for Whom the land conveyed In the above-described conveyance Is being conveyed; o (b) A trustee named In the above-descrlbed conveyance to whom the land Is being conveyed; o (c) A transferee named In the above-descrlbed conveyance; IJI (d) The authorized agent or SOlicitor acting In this transaction for (_lilt ~.) 0' pdncIp.J(.}} The Corporation of the Municipality of Clarlngton described In paragraph{s) (>>, ~, (c) above; (.frIke oat relenlnc.. to ",.",.",.UIe ".,.",.",..) o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (_lilt ~.) 01 c."..,wlon(.}} described In paragraph(s) (a), (b), (c) above; (.frIke oat refet'etH;ft to IMppIIcUle ".".,.,..) o (f) A transferee descrIbed In paragraph ( ) (IMett only __ 01""""" (a). (b) tII' (e) lIbo..... .. eppJIcable) and am making this affidavit on my own behalf and on behalf of (IItnIt _ oI.-o) who Is my spouse described In paragraph ( ) (/IfNIIf only _ 01 ,..,..,." (a). (b) tII' (e) abow, .. appIIcUle) and as such, I have personal knowledge of the facts herein deposed to. 2. (To be completed .,..,. lite WIIue of lite conaIdeIallOll tOT ",. COIIIflt1lIIIC8 exCflflda $4OO.000}. I have read and considered the definition of "single family residence" set out In clause 1 (1 )(ja) of the Act. The land conveyed In the above-described conveyance o contains at least one and not more than two single family residences. Note: Clause 2(1){d) Impoaea an addItlonallllx at the rate of one.half of one per o does not contain a single family residence. cent upon the value of consideration In excea of $400,000 wher8 the conveyance o contaIns more than two sIngle family residences. (... IMtnIctlon 3) contains at leaat one and not more than two single family rwlden_. 3. I have read and considered the deflnlllons of "non-resident corporation" and "non-resident person" set out respectively In clauses 1 (1)(f) and (g) of the Act and each of the fOllOWing persons to whom or In trust for whom the land Is being conveyed In the above-described conveyance Is a "non-resident corporation" or a "non-resident pel1lon" as set out In the Act. (_ IMInIcfiotNI -4 and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid In cash . . . . . . . . . . . . . . . . . . . . . . .. $ (b) Mortgages (I) Assumed (__ pdnclpeI and InIeINt to be rnedIted .".",.t plllChue price) . $ (II) Given back to vendor ..... $ (c) Property transferred In exchange (detWI 1HIIow) $ (d) Securities transferred to the value of (det811 below) $ (e) Uens. legaCies, annuities and maintenance charges to Which transfer Is subject $ (f) Other valuable consideration sUbject to land transfer tax (det811 below} $ 2.00 Nil Nil Nil Nil Nil Nil All 81"". "".t8e FIIkHIIn. _." -Nil- (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of fa) to ff}} . . . . . . . . . . . . . . . . $ 2.00 $ (h)VALUE OF ALL CHATTELS - lIemsoftanglble personal property (Ret811 s... Tu" pa,.",. 011 ".. nIue of ." cIteI.teM unIeu fI1lfHIJPf """.,. ".. pIrIIIW_ of".. -RetftII s.tea Tu Act-. as-o. 1880, 0..454, - ~edJ $ (I) Other consideration for transaction not Included In (g) or (h) above . . . $ (J) TOTAL CONSIDERATION ., . . . . . . . . . . . . . . . . . $ 5. If consideration Is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (... /natnIctIon B) Conveyance pur~uant to a Subdivi~ion Agreement. 6. If the consideration Is nominal, Is the land subJect to an'y encumbrance? n I a 7. Other remarks and explanations. If necessary. nla . 2.00 w".,. AppUellble Nil Nil 2.00 Sworn before me at the City of Toronto In the Municipality of Metropolitan Toronto this 3rd () day of Februa 19 97 A commISSlon~~avlts,t /~ .... ~.} Property Information Record A. Describe nature of Instrument: Transtel'/Deed of Land B. (I) Address of property being conveyed (If aAIIebIe) For Land Reglatry Office UN Only Registration No. (II)Assessment Roll No. (If """UIe) C. Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (_ /natnIctIon 7J 40 Temperance Street, Bowmanvillel Ontario LIC 3A6 o. (I) Registration number for last conveyance of property being conveyed (If """1IbIe) (II) Legal description of property conveyed: Same as In 0.(1) above. Ves 0 No 0 E. Name{s) and address{es) of each transferee's solicitor Nicholas T. Macos, Barrister & Solicitor 130 Adelaide Street West, Suite 2500, Toronto, Ontario, MSH 2M2 Registration Date Not known 0 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all Individual transferees Roman Catholic? Ves 0 No 0 (b) . If Ves, do all Individual transferees wish to be Roman Catholic Separate School Supportel1l ? Ves 0 No 0 (c) 00 all Individual transferees have French Language Education Rights? Ves 0 No 0 (d) If Ves, do all Individual transferees wish to support the French Language School Board (where established) ? Ves 0 No 0 NOTE: M to (c) and (d) the Iand\ being trilnaterreci will be ....9nec1 to the Fl'8fICh Public School Board or Sector un.... otherWIH dlnlCted In <a) and (b). 04480 (8O-Oe) ~ province. of, . Ontario om.rio~, I- 0') a.. :r- w 1...", ("\.J r <..:> r-i l~ CO l.!..1 ---- ,-\ C'- 0 '\' en .q E .,\ 'V ':J-.... '--' ',-~"'~,~"i CO ;) a:: "-'....... -\~<? -- '-,'J::! >- r- ;!,J ...r:.[ ( ...J = CD (~ z <:: oc 0 (..) :;::J ".1':,' w ~ l..1.. 0 c:::l CIl w...J d'\; ::> -' }.- u.... w 0::: U W r-- u.. 0 en u.. 0 a: 0 u.. New Property Identifiers Additional: See Schedule Executions Additional: See Schedule (8) This Document provides as follows: See Agreement Postponing Charge attached (9) This Document relates to instrument number(s) fJL34.1..2r'6 (10) Party(ies) (Set out Status or Interest) Name(s) ROYAL BANK OF CANADA , , , (Ch~~~) . , , . . . . . Document General DYE & DURHAM CFS POLARIS 1995 Form 4 - Land Registration Reform Act D (1) Registry 0 (3) Property Identifier(s) Land Titles [K] (2) Page 1 of 2 pages Block Property Additional: See D Schedule (4) Nature of Document Agreement Postponing Charge (5) Consideration Two-----00/100 Dollars $ 2.00 o (6) Description FIRSTLY: Part of Parcel 15-6, Section Concession 1 Darlington being Part of Lot 16, Concession 1, Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham designated as Parts 5,6,7,8,9 andjo on Plan 40R- I ., 3 J ~ SECONDLY: Part of Parcel Plan -1, Section 40M- I $ , 'f being Part of Lots 9, 10, 19 and 20 on Plan 40M-/~'<I designated as Parts 1, 2, 3 and 4 on Plan 40R-I7J3fin the Geographic Township of Darlington Regional Municipality of Durham o (7) This Document Contains: (a) Redescription : (b) Schedule for: . . New Easement D; Additional Plan/Sketch : Description D Parties D Other [i] Continued on Schedule ~ I/we have authority to bind the Bank (11) :O~~:~ce 20 King Street West, Toronto, Ontario M5H 1C4 (12) Party(ies) (Set out Status or Interest) Name(s) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Signature(s) Date of Signature Y M D , , ., . , I I , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . l' , , , , , , , . . . ,. , I , , , , , , .'. I I , , (13) Address for Service 40 Temperance Street, Bowmanville, Ontario L 1C 3A6 (14) Municipal Address of Property Not Assigned (15) Document Prepared by: Fees and Tax WALKER, HEAD Barristers & Solicitors 200-1305 Pickering Parkway Pickering, Ontario L 1V 3P2 >- ~ Registration Fee o w Vl :J w u Ii: LL o a: o LL Total , . ~ Province , of ...... Ontario Schedule DYE & DURHAM CFS POlARIS 1995 . Form 5 - Land Registration Reform Act s Page 2 Additional Property Identitier(s) and/or Other Infonnation AGREEMENT POSTPONING CHARGE (Land Titles) Royal Bank of Canada the registered owner of the Charge registered on the 12th day of August 1991 as Instrument number NL34186 made by West Bowmanville Developments Ltd. to us charging the land registered in the Land Registry office for the Land Titles Division of Durham (No. 40) as Parcel 15-6, Section Concession 1 Darlington hereby postpones Charge No. NL34186 to the Transfer of Easement dated the day of 199 made by West Bowmanville Developments Ltd. to the Corporation of the Municipality of Clarington and registered on the day of 19 as Instrument number Witness: ROYAL BANK OF CANADA Per: IIwe have authority to bind the Bank w> 2.J I1.z 11.0 Ow lI:(/) ~::l