HomeMy WebLinkAbout91-100
AMENDED BY /
BY.LAW #.9.5.:.W...
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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.
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DYE & DURHAM CO. LIMITED
Form No. 985
/I
l6i ~;OVince
--.,.. Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
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(3) Property
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Land Titles 00 (2) Page 1 of 7 pages .
Block
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(4) Nature of Document No 1/c{ Df ~-tJY}bJ
Notice or Amendment or Subdivision Agreement (Section 74 or the Act)
(5) Consideration
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(6) Description
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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.. .!.. .
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(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
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(13) Address
for Service
(14) Municipal Address of Property
not assigned
(15) Document Prepared by:
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Fees and Tax
Shibley Righton
Barristers & Solicitors
Suite .1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
Total
10174 (12/84)
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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.
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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
,
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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.
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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 . )
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) WEST BOWMANVILLE
) DE OPMENTS LTD.
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OF
In the presence of:
Nam \,I.A\~5"})~~tl Title ~-;~
Name
Title
MARTIN ROAD HOLDINGS LIMrrEU
~-~
~_~~ '!'Itle. p~.
Name:
Title:
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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.
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ROYAL BANK OF CANADA
-..------.
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Name:Robert w. Lawre
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Name: Roy1). .
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Robert Louis Stevens
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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
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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.
,
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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)
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Document General
Forrn 4 - Land Registration Reform Act. 1984
3&1...0
DYE & DURHAM co UMITED
Fatm No. 985
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(3) Property
Identlfler(s)
Land Titles ~ T (2) Page 1 of 3
Block Property
page~ .
( Additional:
See 0
Schedule
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(4) Nature of Document
Application by Municipality for Inhibiting Order (Section 23)
Land Titles Act
(5) Consideration
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(6) Description
Dollars $
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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 ·
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Executions
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(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
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Nicholas T. Macos ! l 1
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. 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
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(13) Address
for Sttrvlce
(14) Municipal Address of Property
not assigned
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(15) Document Prepared by:
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario MSH 2Z1
Attn: Nicholas T. Macos
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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
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/ 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~
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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
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DYE & DURHAM CO LIMITED
FOtm No 985
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Document General
Form 4 - Land Registration Reform Act, 1984
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Execution.
Additional:
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(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
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(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
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, . . THE. CORPORATION OF .THE TOWN. . . . . . . .
OF NEWCASTLE by it solicitors
. . SHIBLEY RlGHTON 'per Nicholas' . . . . . . . . . . .
T.Macos
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.. . . . .............................: 1991. I" .!.. .
Nicholas T. Macos !! !
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(11) Addres.
for ServICe
An T~
(12)Party(les) (Set out Status or Interest;
Name(s)
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Signature(s)
Date of Signature
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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Address
for Service
r ('4) Municipal Add..... of property
not assigned
(15) Document Prepared by:
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Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
Total
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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.
...
(......
/
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_"..~.____.-..-..,- '_'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.
/'
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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
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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;
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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.
....
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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.
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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.
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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
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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
"'
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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:
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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
,
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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
.'
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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
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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
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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
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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
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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.
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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
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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
,...'
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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.
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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)
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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.
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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).
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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)
.'
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'IIlIPOSID SIIIOIYlIION
I'AIlT ., LOTS III . "
CONeUSION ,
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(Insert reduction of the 10M Plan
For Phase 1 of the Development of the Lands)
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'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 . ........ . ..., "..... . ._
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NOTES
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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
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BLOCk 101
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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-
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teN tllllE TOWN a:- NEWCASTlE
REGION41. MlMClPAUTY OF ~,.,
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lI8lIONAL M.I<<:IfWJlY CF 0UftlAM
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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.
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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.
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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
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(d) any storage, handling or use of explosives.
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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.
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,. ~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.
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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.
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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.
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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
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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").
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Preliminary Estimated Cost:
Owner's Share of Costs:
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$13,500.00
$13,500.00
4. TRIBUTARY ~TORMWATER MANAGEMENT WORKS
Preliminary Estimated Cost:
Owner's Share:
$341,511.90
$341,511.90
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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
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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.
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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.
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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.
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8.
9.
10.
11.
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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.
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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
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(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.
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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
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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
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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."
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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)
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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)
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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.
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~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.
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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.
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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
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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.
"
,
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....
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DYE & DURHAM CO. LIMITED
Form No. 985
.,
..iIii!.,...J Province
.....t1....~ of
~ Ontario
Document General
Form 4 - Land Reglstl1ltlon Reform Act, 1984
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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
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.. . . . .............................: 1991.:.. .;.. .
Nicholas T. Macos j:
. . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . '1' . . .. ... ..
. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . .. "': ..
.. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Address
for Service
All -
(12) Party(les) (Set out Status or Interestj
Name(s)
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Signature(s)
Date of Signature
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. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ... . . . . .
,
,
,
,
,
,
,
: : : : : : : . : : : : : : : : : : : : : : : : : : : : : : : : : : f : : : : ·
. '. . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .. .. . . .. . . .. . .. .. . .. . .. . . .. .. .. . . . . . . .. .. .
. .. .. .. .. .. .. .. .. .. .. . .. . . . . .. . .. . .. .. . . .. . . . . . . .. . . . . . .. . . .. . .. .
(13) Address
for Service
(14) Municipal Address of Property
not assigned
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(15) Document Prepared by:
III Fees and Tax
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Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
or
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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
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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"
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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;
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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.
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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.
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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.
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(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.
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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.
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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.
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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'
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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
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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.
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(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
, ~
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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.
;"
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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~
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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.
~!-
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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:
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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.
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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
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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;
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(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);
/
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(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.
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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;
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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
. "
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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.
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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.
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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
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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
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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:
"
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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.
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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
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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.
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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
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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
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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
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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
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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;
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(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
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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.
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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
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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
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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
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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.
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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).
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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)
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(Insert reduction of the 10M Plan
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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
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METRIC Nt............... 'fl'" ... _ _.... ...
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WEST IlOWMANVIU.E DEVELDPMENt$ LTD
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MARTIN IlCWl HOUlIIIGS
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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).
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PART a:: LOTS 18~~ 92 AND 93
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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.
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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.
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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.
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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.
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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
,
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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.
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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.
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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
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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.
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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.
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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
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(d) any storage, handling or use of explosives.
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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.
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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.
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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.
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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.
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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
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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
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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").
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Preliminary Estimated Cost:
Owner's Share of Costs:
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$13,500.00
$13,500.00
4. TRIBUTARY STOQfWATER MANAGEMENT WORKS
Preliminary Estimated Cost:
Owner's Share:
$341,511.90
$341,511.90
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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
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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.
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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.
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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.
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9.
10.
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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.
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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
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(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.
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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
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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
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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
..
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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.
TREE PRESERVATION PLAN
(See attached Plan)
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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)
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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_____
. ~,
....'
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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.
/
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--- '
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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
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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
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Inhibiting Order Attached
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(9) ~ DoewMnt"""'to IM1rumeQl RUIAb4Ir(.}
('10) Party(Ju) (Set out <aWa 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
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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
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.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)
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(14) UAIcipaI Addreu of Prop4u1r
Not Assigned
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Signatute(s)
Date of Slgnatan
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(15) Document Prepared by:
Nicholas T. Macos
Shibley Rigbton
401 Bay Street, Suite 1800
Toronto, Ontario
MSH 2Z1
>- ....s and Tax
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5 Registration....
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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
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~,
~
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:
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(4) Consideration
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TWO----------------------------;)ollars $ 2.00
(5) Description This is a: Property 0 Property
Division Consolidation 0
~
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~
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
.....
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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~
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WILL AM JOHN DANIELL : i'
. ,
President !!
. . . . . . . . . . . . . . . . . . . . . .- . . . . . . . . . . . . . . . . . . . . . .. .................................J..""""I."" .".
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
y M 0
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(10) Transferor(s) Address
forS~~ 1029 McNicoll Avenue, Scarborough, Ontario
(11) Transferee(s)
MIW 3W6
Date of Birth
Y M 0
,
1 .
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(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. . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . .' . . . .
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(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
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Attn: E. Drew Dowling
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(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
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See 0
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(4) Consideration
TWO----------------------------- Dollars $ 2.00
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(5) Description This is a: Property 0
Division
Property
Consolidation 0
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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) . ! ::
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.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'"
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M D
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(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' ~ .
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(12) Transteree(s) Address
tor Service 40 Temperance Street, Bowmanville, Ontario
LIC 3A6
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(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.
: '
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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)
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APPLICATION BY MUNICPALI1Y FOR INHIBITING ORDER
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(5) ConsIderation
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(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
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THE..CORPORATlON..OF.THE..MUNIC.IPALITY..OF
CLARlNGTON by its solicitor
................................................................................................................................................
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(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
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(15) Document Prepared by:
Nicholas T. Macos
Barrister & Solicitor
130 Adelaide Street West
Suite 2500
Toronto, Ontario
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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.
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DYE & DURHAM CFS POLARIS 1995
Transfer/Deed of land
Form 1 - Land Registration Reform Act
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pages
Additional:
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(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
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I have authority to bind the Corporation
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
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(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
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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.
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(15) Assessment Roll Number
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Signature.
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(17) Document Prepared by:
WALKER, HEAD
Barristers & Solicitors
200-1305 Pickering Parkway
Pickering, Ontario
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=~ ~=--~ =:;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
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...... 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
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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
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(6) This (a) Redescription : (b) Schedule for: (7) Interest/Estate Transferred
Document New Easement 0 . Additional EASEMENT
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Contains Plan/Sketch . Parties
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(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. :/}
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. . . . 'Per:' ...... . , , .
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William J. Daniell - President I I
. . . . . . . . .1. . . I . .
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(9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) y M. 0
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(10) Transferor(s) Address 1029 McNicol! Avenue, Scarborough, Ontario M1W3W6
for Service
(11) Transferee(s) Date of Birth
y M 0
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THE.CQRPORATION.OF. THE MUNICIPALJTY OF .CLARJNGTON. I I
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(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
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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
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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.
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(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 "-
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Pickering, Ontario II
L1V 3P2 "- Total
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~ 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.
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~~.~=::~ =:::;;.:~ 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
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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
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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
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(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
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Total
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~ Province
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...... 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
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