HomeMy WebLinkAbout91-122
DN: 829426.BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91- 122
being a By-law to authorize the entering into of a Servicing
Agreement with 829426 ONTARIO INC. and the Corporation of the Town
of Newcastle.
WHEREAS the Council of the Town of Newcastle deem it necessary to
require a Servicing Agreement in the consideration of a development
proposal of a Canadian Tire Store located in Part of Lots 15 and
16, Concession 1, former Township of Darlington.
NOW THEREFORE 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 829426 ONTARIO INC.
and the said Corporation.
BY-LAW read a first time this 29th day of July, 1991.
BY-LAW read a second time this 29th day of July, 1991.
BY-LAW read a third time and finally passed this 29th day of July,
1991.
~~lJ
MAYOR
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THE CORPORATION OF THE TOl\'N Oli"
1\TE\VCASTLE SERVICING AGREEMENT
\VlTH 829426 ONTARIO INC.
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829426 ONTARIO INC.
SERVICING AGREEMENT WITH
THECO~O~TIONOFTHETOWNOFMMC~nE
Part of Lots 15 and 16, Concession 1, Geographic
Township of Darlington, Town of Newcastle, Regional
Municipality of Durham designated as Part 1,
Plan 10R-3733 and as Part 1 on Plan 10R-4058
INDEX
1. Servicing Agreement registered as Instrument No. LT577439
2. Certificates of Solicitor
TRANSFERS OF EASEMENTS REQUIRED PURSUANT TO SERVICING AGREEMENT
3. Transfer of Easement for Storm Water Channelization registered as Instrument No.
LT577446/7;
4. Transfer of Easement for Storm Water Channelization registered as Instrument No.
LT577450/1;
5. Transfer of Easement for Storm Sewers registered as Instrument No. LT577448/9;
6. Transfer of Easement for Storm Sewers registered as Instrument No. LT577444/5;
7. Transfer of Easement for Storm Sewers registered as Instrument No. LT577442/3;
8. Transfer of Easement for Storm Sewers registered as Instrument No. LT577440/1.
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1
"
. Provir-
of
0."'.. Ontario
DYE & DURHAM co. LIMITED
Form No. 985
Document General
Fonn 4 - Land Registration Refonn Act, 1984
o
(1) Registry 0
(3) Property
Identlfler(s)
Land Titles IX! (2) Page 1 of k ;;;rpages
Block Property
(4) Nature of Document
t-
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cC:l
Notice of Servicing Agreement (Section 74 of the Act)
(5) Consideration
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.!'! [;;;a: (6) Description
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Dollars $
New Property Identifiers
........
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Abditional:
See 0
Schedule
Part of Parcel 15-5, Section Cone. 1, Newcastle
(Darlington) being part of Lots 15 and 16, Concession
1, Geographic Township of Darlington, Town of Newcastle
Regional Municipality of Durham, designated as Part 1 on
Plan 10R-3733 and Part 1 on Plan 10R-4058
Executions
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
! (b) Schedule for:
D! Description 0
,
Additional
Parties 0 Other ~
(') 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 829426 Ontario Inc. as Part of Parcel 15-5, Section Cone. 1, Newcastle
(Darlington) and hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of
Servicing Agreement in the Register for the said Parcel.
Continued on Schedule ~
This Document rel8les to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
. . THE. CORPORATION OF.THE TOWN. . . . . . . . .
OF MMCASTLE by it solicitors
; SHIBLEY RlGHTON per. Niekelas- . . . . . . . . . . . .
T. Macos
/. ~/ .~ !
. . . . ,If:'" '. . . . . . . . . . . . . . . . . ~. . . . . . . . . i 1991 .
Nicholas T. Macos !
. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . .
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12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
.
,
!
. . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . ! . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . .
. 14) Municipal Address of Property
(15) Document Prepared by:
~
Z Registration Fee
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Fees and Tax
not assigned
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
2<;
Total
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THIS AGREEMENT made as of this 29th day of July, 1991.
BE'IWEEN:
THE CORPO~TION OF THE TOWN OF NEWCASTLE
. and -
829426 ONTARIO INC.
- and .
ROYAL BANK OF CANADA
. and .
MARTIN ROAD HOLDINGS LIMITED and
WEST BOWMANVlLLE DEVELOPMENTS LTD.
- and.
ROBERT LOUIS STEVENS and
ROYAL BANK OF CANADA
SERVICING
AGREEMENT
Page 21td-
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ARTICLE
1.1
1.2
INDEX
1 . INTE~RETATION AND SCHEDULES ...................
De-ftnitiODS ...........................................
Sched.u1es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 2. GENERA.L .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 3. FINANCIAL...
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.U
3.13
3.14
3.15
3.16
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
Recitals in Operative Part of Agreement
Certification of Ownership .................
. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .
Not Used ..........................................
Transfer of Easements
Not Used ............................................
Registration of Transfers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ...........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charge on Lands ......
. . . .
. . . . . . . . . . . . .
Registration of Agreement ................................
Postponement of Mortgages . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
To'WII to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assi~JIlel1t of AgreeJllellt ................................
Not Used ............................................
Notification of Owner
Successors
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of Taxes ......................................
Paymellt of Local Improvement Charges ...............
Payment of Drainage Charges ......
Development Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ............................................
Perfonnance Guarantee Required
Use of Perfonnance Guarantee ..........
. . . .
. . . . . . . . . .
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Indemnification of Town .................................
Insurance .............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Guarantee Required
Use of Maintenance Guarantee ................
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .
Requirements for Release of Perfonnance Guarantee
Requirements for Release of Maintenance Guarantee
Paymellt of Town's Costs
Ullpaid Monies
Not Used ....
. . . . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 4 - PLANNING
4.1 Not Used
4.2 Not Used
4.3 Not Used
4.4 Not Used
4.5 Not Used
4.6
4.7
4.8
4.9
4.10
4.11
4.U
ARTICLE
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
5.25
5.26
5.27
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
Requirements for Building Permit ..........................
Not Used
Not Used
. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used
Not Used
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Conditions .....................................
5 - PUBLIC WORKS ....................................
Town. Works Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities and Services Required ............................
Own.er's Engineer ......................................
Design. of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Grading and Drainage Plan .....................
Not Used ............................................
Approval of Schedule of Works ............................
Approval of Works Cost Estimates . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for Authorization to Commence Works ............
Not Used ............................................
Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction in Accordance with Engineering Drawings ..........
Sequence of Construction of Works .........................
Completion lime 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 of 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 ......................
Cost of External Services
. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .
. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
Page 41 (p cr
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Page 5
5.28 Highway No. 2 Sidewalk and Street Lighting .................. 36
5.29 Cost or Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . .. 37
1b~
ARTICLE 6 - COMPLIANCE WITH REGULATIONS ................... 37
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS .......... 37
ARTICLE 8 - TIME OF ESSENCE ................................ 37
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT ................ 38
SCHEDULES TO AGREEMENT
Schedule "A"
Schedule "A-I"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F'
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-1"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T"
Schedule "U"
Schedule "V"
Schedule "W'
Schedule "Y"
"Legal Description of the Lands"
"Legal Description of Easement Land"
Not Used
"Charges Against the Lands"
Not Used
"Transfers of Easements"
Not Used
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Not Used
Not Used
"External Services"
"Contribution for Highway No.2 Sidewalk and Street Lighting"
Not Used
"Engineering and Inspection Fees"
Not Used
Not Used
"Urban Collector Road"
Not Used
Not Used
"Permitted Encumbrances"
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Page 61 k J-.
nus AGREEMENT made as of this 29th day of July, 1991.
BE1WEEN:
THE CO~ORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
829426 ONTARIO INC.
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
. and -
MARTIN ROAD HOLDINGS LIMITED and
WEST BOWMANVlLLE DEVEWPMENTS LTD.
(hereinafter collectively called "Martin Road")
OF THE FOURTH PART
- and -
ROBERT WUIS STEVENS and
ROYAL BANK OF CANADA
(hereinafter called the "Easement Mortgagee")
OF THE FIFTH PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto (the "Lands");
B The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute, subject to the mortgages referred to in Recital C and subject
to the "Permitted Encumbrances" (as hereafter defined) set out in Schedule "Y'I hereto;
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Page 71 /; if-
C The Owner represents and warrants that the Mortgagee is the only mortgagee
or chargee of the Lands and holds two (2) mortgages or charges of the Lands;
D 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 "B" and hereinafter called the "Utilities and
Services";
E The Town and the Owner hereby recognize and agree that the purpose of this
Agreement is to state the covenants of both parties with respect to the design and
subsequent construction of a roadway storm sewer and associated works within the said
Lands.
F Martin Road represents and warrants that it is the registered Owner of the
lands described in Schedule "A_I" hereto (the "Easement Land") in fee simple absolute,
subject to the mortgage referred to in Recital G and subject to the Permitted
Encumbrances set out in Schedule "Y" hereto.
G Martin Road represents and warrants that the Easement Mortgagee is the
only mortgagee or chargee of the Easement Land.
H This Agreement is authorized by By-law 91-122 passed on the 29th day of
July, 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 -. INTE~RETATlON AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "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.
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,
,
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
(n)
(0)
(P)
PageS
"Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
1b~
"Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
"Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
"Cost of Works referred to in Schedule "0" has the meaning assigned to it in
paragraph 5.29 of this Agreement.
"Certificate of Release" has the meaning assigned to it in paragraph 5.26 of
this Agreement.
"Council" means the Council of The Corporation of the Town of Newcastle.
"Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
"Director" or "Director of Public Works" means the Director of Public Works
of the Town or his designated representative.
"Easement Land" has the meaning assigned to in Recital F of this Agreement.
"Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement.
"External Services" has the meaning assigned to it in Schedule "P" of this
Agreement.
"Orading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
"Highway No.2 Sidewalk and Street Lighting (West of Regional Road 57)"
has the meaning assigned to it in Schedule "P-l" of this Agreement.
"Highway No.2 Sidewalk and Street Lighting (East of Regional Road 57)" 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.
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Page 91 bJ-
(q) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(r) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(s) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(t) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(u) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(3) of this
Agreement.
(v) "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,
(w) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario.
(x) ''Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(y) ''Permitted Encumbrances" means the encumbrances and restrictions which
are set out in Schedule "Y" to this Agreement.
(z) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(aa) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(bb) "Roads and Services External to Lands" has the meaning assigned to it in
Schedule "PI of this Agreement.
(cc) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
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Page 10
11R:J-
(dd) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(ee) "Solicitor" means the Solicitor for the Town.
(ff) "Storm Sewer Work" has the meaning assigned to it in Schedule "G" of this
Agreement.
(gg) "Stormwater Channelization Works" has the meaning assigned to it in
Schedule "G" of this Agreement.
(hh) "Temporary Stormwater Outfall Works" has the meaning assigned to it in
Schedule "G" of this Agreement.
(ii) "Town" means The Corporation of The Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
(jj) ''Treasurer'' means the Treasurer of the Town of Newcastle or his designated
representative.
(kk) ''Tributary Stormwater Management Works" has the meaning assigned to it
in Schedule "G" of this Agreement.
(11) "Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(mm) "Urban Collector Road" has the meaning assigned to it in paragraph 5.27(3)
of this Agreement.
(nn) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(00) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
Agreement.
(Pp) "Works to be Relocated" has the meaning assigned to it in paragraph 5.28 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
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Page 11 1 ~. r
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 "A"
Schedule "A-I"
Schedule "B"
Schedule "e'
Schedule "0"
Schedule "E"
Schedule "F'
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-l"
"Legal Description of the Lands"
"Legal Description of Easement Land"
Not Used
"Charges Against the Lands"
Not Used
"Transfers of Easements"
Not Used
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Not Used
Not Used
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule IT'
Schedule "u"
Schedule "V"
Schedule "W"
Schedule "Y" -
"External Services"
"Contribution for Highway No.2 Sidewalk and Street
Lighting"
Not Used
"Engineering and Inspection Fees"
Not Used
Not Used
"Urban Collector Road"
Not Used
Not Used
"Permitted Encumbrances"
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of Aweement
(I) The Owner represents and warrants to the Town that each of Recitals A to E of this
Agreement is correct.
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Page 121 (p:f
(2) Martin Road represents and warrants to the Town that each of Recitals F and G of
this Agreement is correct.
2.2 Certification of Ownership
(1) On the date of 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 the Lands and the Easement Land, and setting out the names of all persons
having interests in the Lands and the Easement Land, and the nature of their
interests.
(2) On the date of 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 and the Easement Land 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 Not Used
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 except the applicable Permitted
Encumbrances, shall be made for a nominal consideratio~ shall contain provisions
satisfactory to the Town's Solicitor, and shall be in registerable form.
(2) Subsequent to the date as of which this Agreement is made, if in the opinion of the
Director further easement(s) in any portion of the Lands or other lands owned by
the Parties hereto other than the Mortgagee and the Easement Mortgagee 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 131 b d-
erection of a building on the Lands, the plans and drawings for which have been
approved by the Town pursuant to Section 40 of the Planning Act, 1983. H further
easements are requested to be transferred to the Town, the Region of Durham, the
Newcastle Hydro-Electric Commission, 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 Not Used
2.6 Reaistration of Transfers
The transfers of easements referred to in paragraph 2.4 shall be prepared by the
Owner. Forthwith after this Agreement is executed, the Owner shall register them against
the title to the lands to which they apply.
2.7 Not Used
2.8 Chaqe on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Reaistration of A&reement
The Owner hereby consents to the registration of this Agreement or a notice thereof
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any i~trument after the date as of which this Agreement is made 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. Without
derogating from the foregoing, the Owner also hereby consents to the registration of an
inhibiting order(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 foregoing.
2.10 Postponement of Mortlales
(1) The Mortgagee hereby postpones its mortgages to this Agreement with the intent
that this Agreement shall take effect as though dated~ executed and registered prior
to such mortgages. The Mortgagee agrees with the Town, that in the event that it
obtains ownership of the Lands by foreclosure or otherwise, it shall not use or
develop the Lands except in conformity with the provisions of this Agreement. The
Mortgagee, at its cost, shall execute a separate Postponement Agreement containing
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Page 141 b-r
terms satisfactory to the Town's Solicitor forthwith after being requested to do so by J
notice given in writing to the Mortgagee and shall deliver the same to the Town.
(2) The Easement Mortgagee hereby postpones his and its mortgage to this Agreement
with the intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgage. The Easement Mortgagee agrees with the Town,
that in the event that he and/or it obtains ownership of the Easement Land by
foreclosure or otherwise, it shall not use or develop the Easement Land except in
conformity with the provisions of this Agreement. The Easement Mortgagee at his
and 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 writing to the Easement Mortgagee, and shall deliver the same to the Town.
2.11 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 opinio~ or give confirmation or give authorizatio~ permission or
approval, then such actio~ decisio~ confirmatio~ authorizatio~ permission or approval
shall be made promptly in all respects and the Town and its officials shall act reasonably.
2.12 Assianment of A&reement
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 2.12
does not relieve a subsequent owner of the Lands of any of his obligations under this
Agreement.
2.13 Not Used
2.14 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
transmitted by telefax or mailed by first class prepaid post or delivered to:
The Owner: 829246 ONTARIO INC.
c/o Markborough Properties
1 Dundas Street West, Suite 2800
Toronto, Ontario MSG 212
Attention: Secretary
FAX NO: (416) 591-2829
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Page 151 b ')-
And to:
MARTIN ROAD HOLDINGS LIMITED and
WEST BOWMANVILLE DEVELOPMENTS LID.
1029 McNicoll Avenue
Scarborough, Ontario
MIW 3W6
Attention: Mr. B. Daniel
FAX NO: (416) 495-8820
or such other telefax number or address of which the Owner or Martin Road Holdings
limited has notified the Town in writing. Any such notice so telefaxed 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 telefaxed or delivered. Any such notice so mailed
shall be deemed good and official notice under the terms of the Agreement and shall be
effective five (5) days from the date on which it is so mailed.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
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 Payment of Local Improvement Char2es
Prior to the 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 "C"
hereto. Such charges shall include the Town's share of any local improvements which
serve the said Lands and shall include the commuted value of such charges including
charges falling due after the date of the execution of this Agreement.
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3.3 Payment of Drainar:e Charl:es
Page 161 k;)--
Prior to 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.500 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 Development Char&e
Without derogating from paragraphs 5.27(1), 5.27(2), 5.27(3), 5.28(1), 5.28(2) and
5.29, the Parties acknowledge and agree that none of the provisions of this Agreement
including but not limited to Schedules "G", "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 "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 determining the development charge
payable by the Owner under such By-law and Act.
3.5 Not Used
3.6 Performance Guarantee Required
Prior to the date of issuance 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 "A" or "B" of the Bank Act, acceptable to the Town's
Treasurer, and containing terms satisfactory to the Town's Treasurer. The deposit shall be
in the amount which is required to secure to the Town the performance by the Owner of
its covenants contained in this Agreement to construct and install the Works. Such cash
deposit or letter of credit shall be in an amount 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 with respect to which an Authorization
Application 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 is called the
"Performance Guarantee".)
3.7 Use 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) dete"m.tilleCi by.the Director, which in
aggregate shall not exceed the amount(s) required to remedy the Owner's default at the
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Page 171 & ')-
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, the design, construction, installation and/or
use of the Works provided for in this Agreement.
(2) Except with respect to the use of the Works 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 Owner to achieve approval of a fmal Plan of
Subdivision of any portion of the Lands.
3.9 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 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.
(2) Prior to the date of issuance of a Certificate of Completion of the Works or any of
them, the Owner wiH cit:pusii .,Jdi' .~~V 'I~ffU cash or an irrevocable and
unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the
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Page 181 b;r
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 Sew~r Work" (as hereafter defined): except as otherwise provided in
paragraph 3.10(4) a minimum of two (2) years commencing on the date of
issuance of the Certificate of Completion for the Storm Sewer Work and
terminating on the date of issuance of the Certificate of Acceptance for the
Storm Sewer Work.
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.U 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. Thi': mo;-"L11um.':"eduction that may be permitted to be made by
the Director is to an amount equal to the value of the uncompleted Works and the
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Page 191 & ;)---
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.
3.13 Requirements 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 without
duplication 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
Certif1catl"~s) of.:'elp.~~', provided that services have actually been performed for the
Town.
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Page 20
(2) 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.
1/.1-
(3) 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) and 3.14(2).
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 Not Used
ARl1CLE 4 - PLANNING
4.1 Not Vsed
4.2 Not Used
4.3 Not Used
4.4 Not Used
4.5 Not Used
4.6 Requirements for Buildln& Permit
The execution of this Agreement by the Town does 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 a building permit for any building proposed to be
constructed on any portion of the Lands when applied for, will be issued. Without limitingothe generality of the foregoing, the Owner will not apply for or cause or permit an
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Page 211 iPl
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 in Schedule "8", or for the purpose of drainage in the
Lands have been transferred to the appropriate person as required by this
Agreement;
(b) construction access 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 granular base, 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) not used;
(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 if financial security is required, 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 Performance Guarantee and in all cases when 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;
(f) 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 portion of the
Lands in respect of which the application for a building permit 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 Drawings;
It
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4.7
4.8
4.9
(1)
(g) (i)
Page 22
the Owner has installed all necessary watermains and hydrants which
are fully serviced for fire protection purposes, to the satisfaction of the
Town's Fire Chief;
1&')-
(ii) the Owner has agreed with the Town that during construction of the
building pursuant to any building permit which is applied for fire
access routes will be maintained continuously as required by Subsection
25.1.2 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;
(iii) 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);
(h) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
Not Used
Not Used
Requirements 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 the Lands or a
portion(s) thereof which is (are) 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 To~- 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 231 ~;r
( c) the Owner has obtained from such prospective purchaser of the Lands or any
portion thereof, a licence to permit the Owner and/or Town to enter on the
land 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 any
portion thereof 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 paragraph 6 in respect of the
obligations of subsequent owners;
(2) Notwithstanding paragraph 4.9(1) the Owner may sell the lands more particularly
described as Part 1 on plan of sUIVey deposited of record in the Land Registry Office
as Plan 10R-3733 and Part 1 on Plan 10R-4058 to the Canadian Tire Corporation
subject to compliance with the Plannin~ Act. 1983.
4.10 Not Used
4.11 Not Used
4.12 Special Conditions
During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
ARTICLE 5. PUBLIC WORKS
S.l 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 and landscaping more
particularly des<'iibed in Schedule "G" hereto (which in this Agreement collectively are
called the "Works"). From the date of the commencement of the construction and
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Page 241 h)-
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 Enaineer
The Owner shall retain 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 G. M. Semas & Associates Ltd. has been retained as the Owner's Engineer.
5.4 Desip 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 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 except the applicable Permitted Encumbrances.
It shall be prepared by the Owner in registerable form and contain terms satisfactory
to the Town's Solicitor. At the time of delivery of each transfer of land or easement
to the Town, the Owner shall pay to the Town in cash or by certified cheque an
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Page 2S 1 b?-
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 A,pproval of EnIPneerinl Drawinp
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"). H 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 Drainaee 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
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. H 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 Not Used
5.8 Approval of ~hedule 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 which, the Owner proposes to
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Page 261 b")-
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.
5.9 Approval of Works 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.
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
of 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 Owner has delivered the transfers of easement to the Town in accordance
with paragraphs 2.4 and 2.6 of this Agreement;
(b) Not Used
(c) 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 "HI! 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;
(d) the Owner has retained an Engineer in compliance with paragraph 5.3 of this
Agreement and has confirmed the name and address of the Owner's Engineer
to the Director in writing;
(e) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(f) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
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Page Z1 ~1 &:;-
(g) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(h) the Owner has received the written approval of the Director to the Works
Cost Estimates as required by paragraph 5.9 of this Agreement;
(i) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
(j) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule "K" of this Agreement;
(k) 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; and
(I) the Owner has deposited with the Director written approval of all relevant
approving agencies including 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, the
written approval of the Minister of Natural Resources, and the written
approval of the Central Lake Ontario Conservation Authority.
5.11 Not Used
5.12 Insp~tion and Stop Work
The Owner shall 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
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.
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Page281 kr
5.13 Construction in Accordance ~th Eneineerlne 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 "Lit.
(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.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
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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
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Page 291 br
construct 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, 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 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..
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Page 30 1 h;)-
(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 claim 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 anyone (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.
5.18 Entnr for Emera=ency 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 Damaa=e to Existina= 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 (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 of
relocating any Damaged Services, caused by or resulting from the development of anyone
(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
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.. f th D' will . t ~ .th th f th dri . . tiPrthage ~th1 1 b?-
opmlOn 0 e rrector m euere WI e use 0 e veway m question, 0 WI
after being given written notice by the Director requiring the Owner to undertake such
relocation.
S.20 DamaF to Neipbourinl 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 m implementation
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
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Page 321h ;}-
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 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) 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.
-,/.
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.
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Page 331 t~
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain
the Works the Owner, at the Owner's cost, shall maintain each road(s), which is
required to be constructed, 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) on 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 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 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)
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 ReQui~ments for Certificate of Completion
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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 compl ted for the purposes of this Agreement until the Director has provided the Owner
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Page 34
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:
1t)-
(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 insta11ed
in accordance with the Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and insta11ation 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 AcceJ)tance
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.
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 high~ay in which such
Works are insta11ed.
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, insta11ed 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 Works. The Certificate
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Page 35
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:
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(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) he has found, placed or
replaced all standard iron bars shown on plans of survey of record deposited
in the Land Registry Office as Plans 10R-3733, 10R.3835, 10R-3834, 10R-
3977 and 10R-4058, 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 plans; 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.
537 CostofE~rnaISe~ces
(1) The "External Services" are defined in Schedule "P" hereto. The Owner shall
construct and install the External Services. The preliminary estimated costs of them
are set out in Schedule "P". The Owner acknowledges and agrees that it will pay the
total costs of the External Services. Neither the Owner nor Martin Road will seek
any credit for rebate or of any part of the total costs of the External Services by
reason of any of them being provided or being oversized to accommodate drainage
or traffic from land outside the limits of the Lands, in respect of a development
charge imposed by a Development Charge By-law which the Town Council may pass
pursuant to the Development Charge Act, 1989, or in any other manner, or any other
reason.
(2) The Owner and Martin Road further agree with the Town that if the Town Council
passes a Development Charge By-law which comes into effect and the development
charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the
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(3)
5.28
(1)
(2)
Page 36
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 External Services
contribution have been provided or made by the Owner and/or Martin Road, or the
cost or contribution, 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 than is specified
in the By.law or the whole Town.
1kr
The Owner shall design, construct, supervise and maintain the construction of the
"Urban Collector Road" shown on G.M. Sernas & Associates Ltd. Project No. 89146,
Drawing No. SK.3, dated October 1991 a reduction of which is contained in Schedule
"U" hereto, and any other roads determined by the Director necessary to service the
Lands. The Urban Collector Road shall be constructed by the Owner in conjunction
with the development of the lands situated to the west of the Lands. All of the
provisions of this Agreement shall apply in respect of the Urban Collector Road as
apply in respect of the Works as provided for in this Agreement (including without
limiting the generality of the foregoing, those provisions respecting the Performance
Guarantee and the Maintenance Guarantee), with all necessary changes to all such
provisions being considered to have been made to give effect to the intent of this
paragraph 5.27(3).
Hiahw~y No. 2 Sidewalk and Street Liahtina
On the execution of this Agreement the Owner shall pay the Town seventeen
thousand three hundred ($17,300.00) dollars as its contribution toward the cost of
the "Highway No.2 Sidewalk and Street Lighting (West of Regional Road 57)" (as
hereafter dermed). The Owner and Martin Road will not seek any credit for or
rebate of, any part of and contribution in respect of a development charge imposed
by a Development Charge By-law which the Town Council may pass pursuant to the
Development Charges Act, 1989, or in any other manner, or for any other reason.
On the execution of this Agreement the Owner shall pay the town six thousand six
hundred ($6,600.00) dollars as its contribution toward the cost of the "Highway No.
2 Sidewalk and Street Lighting (East of Regional Road 57)" (as hereafter defined).
The Owner and Martin Road will not seek any credit for or rebate of, any part of
an contribution in respect of a development charge imposed by a Development
Charge By-law which the Town Council may pass pursuant to the Development
Charges Act, 1989, or in any other manner, or for any other reason.
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Page 37 1 b;)-
5.29 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or
of any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by a Development Charge By-law which
Town Council may pass pursuant to the Development Charges Act, 1989, or in any other
manner, or for any other reason.
ARTICLE 6 - 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 applications and all by-laws
of the Town and the Region.
ARTICLE 7 - RESPONSIBILITY OF SUBSEOUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of the Lands or of anyone (1) or more portions thereof 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 the Lands 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 Lands in question; and
( c) it shall be responsible for the maintenance of fencing required in Schedule
"G" of this Agreement.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
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Page 381 kr
AR'OCLE 9 . AUTHORITY TO MAKE AGREEMENT
The Owner, Martin Road, the Mortgagee and the Easement Mortgagee acknowledge
and agree that the Town has authority to enter into this Agreement, that every provision
hereof is authorized by law and is fully enforceable by the Parties, and that this Agreement
is made by the Town in reliance on the acknowledgment and agreement of the Parties other
than the Town as aforesaid
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Page 391 b d-
IN WITNESS WHE~vF Ul\;.- Paides heicto have hereunto set their hands and seals
the day and year first above written and the corporate Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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
~ J. Order-in-Council P.C. 1990-2221, a
. copy of which iS~ at ched
instrument re . ste ed as No.
, . La151..:,.1 J J Ii on the~n day of
November, 1990, in the Land
Registry Office for the Land
)'~;1 R.i~Btq Division of Newcastle
(No. 10).
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ROYAL BANK OF CANADA
~
Name: Title: Sr. Account
~.~ce Manager
ame: ' Title: Sr. Account
Rick W. Miklos Manager
ROAD
HOLDINGS
TItle~ ~
l~.
~~L\
Name:
Titl~:
WEST BOWMANVILLE
VELOPMENTS LTD.
Titl~:o
'''C>.
Name:
Title:
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We have the authority to bind the Bank.
The Name of The Royal Bank of
Canada was changefi to Royal
Bank or Canada as ,Set out in
Order-In-CouneD P' . 1990-2221,
a copy of whieh is ttached to
Instrument red as No.
l'....~tI on the d day or
November, 1990, in the Land
Registry Office for the Land
)~ II T c'-I Of. Division of Newcastle
. (No. 10).
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Page 40 1 b;)-
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) ROBERT LOUIS STEVENS
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~~/~.
) Name: ~
ROYAL BANK OF CANADA
~ ~ c--~
Name: TItle: Sr. Account
rt W. La: e Manager
TItle: Sr. Account
Manager
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SCHEDULE RAR
THIS SCHEDULE IS SCHEDULE RAR to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
LEGAL DESCRIPTION OF LANDS
All and singular that certain parcel of land and premises situate, lying and
being in the Town of Newcastle, in the Regional Municipality of Durham being composed
of part of Lots 15 and 16 in Concession 1 of the Geographic Township of Darlington
designated as Part 1 on plan of survey of record deposited in the Land Registry Office for
the Land Titles Division of Newcastle (No. 10) (the "Land Registry Office") as Plan 10R-
3733 and as Part 1 on Plan lOR-4058.
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SCHEDULE "A-I"
THIS SCHEDULE IS SCHEDULE "A-I" to the Agreement which has
been authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
LEGAL DESCRIPTION OF EASEMENT LAND
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, Concession 1, Geographic Township of Darlington,
Town of Newcastle, Regional Municipality of Durham shown as Parts 2 and 30n Plan 10R-
3733, Parts 1,2 and 3 on Plan 10R-3834, Parts 1 and 2 on Plan 10R-3977 and Parts 1 and
2 on Plan 40R-13910.
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
NewcastleJ enacted and passed on the 29th day of JulYJ 1991.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
Nil
Nil
Nil
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SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed the 29th day of July, 1991.
TRANSFERS OF EASEMENTS
(1) On the execution of this Agreement, the Owner shall deliver to the Town a
transfer of easements as follows:
(a) Part 1 on Plan 40R-13910 - storm sewer and drainage;
(b) Part 3 on Plan 10R-3834 - storm sewer and drainage;
(c) Parts 1 and 2 on Plan 10R-3977 - storm water channelization terminating on
the issuance of a Certificate of Completion of the extension of Storm Sewer
Work southerly from Part 3 on Plan 10R-3834;
(d) Parts 1 and 2 on Plan 10R-3834 - access to construct, reconstruct, repair and
maintain the Storm Sewer Work terminating on the issuance of a Certificate
of Completion of the extension of Storm Sewer Work southerly from Part 3
on Plan 10R-3834;
(e) Parts 2 and 3 on Plan 10R-3733 and Part 2 on Plan 40R-13910 - access for
fire protection, and to construct, reconstruct, repair and maintain the Storm
Sewer Work terminating on the Director giving the Owner written notice that
this easement is no longer required by the Town for any of the aforesaid
purposes.
(2) 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 transfers of such easements against
the title to the relevant lands, the Owner agrees with the Town that it will not
require the issuance of building permits for the construction of building or structures
on the Lands.
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SCHEDULE "G"
nns SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
WORKS REQUIRED
1. STORM SEWER WORK
The Owner shall construct, install, supervise and maintain a storm drainage system,
satisfactory to the Town, for the removal of upstream storm water and storm water
originating within the Lands, including storm sewer mains, manholes, service connections,
catchbasins and leads, open channels, storm outfalls and any other appurtenances and any
oversized services as may be required in accordance with the Town's Design Criteria and
Standard Drawings, (the "Storm Sewer Work").
The Owner agrees to submit to the Director for his consideration and if appropriate
his approval, Engineering Drawings for the Storm Sewer Work, which have been prepared
to the satisfaction of the Director. The Storm Sewer Work which services the development
of the Lands, shall be constructed in accordance with G.M. Semas & Associates Ltd.
Project No. 89197, Drawing No. P-207, draft dated February 1990, as finally approved by
and on file with the Director. This Work shall be constructed on the lands shown as Part
1 on Plan 40R-13910 and Part 3 on Plan lOR-3834.
The Owner further agrees to transfer any easements required by the Director at no
expense to the Town. Paragraphs 2.4 and 2.6 of this Agreement shall apply with all
necessary changes thereto being considered to have been made to give effect to the intent
of this provision.
2. ROADWAYS
Subject to the provisions of paragraph 5.27(3), the Owner shall construct and install
the following services including any oversized services on the Urban Collector Road shown
on G.M. Semas & Associates Ltd. Project NO. 89146, Drawing No. SK-3, draft dated
October 1991, as finally approved by and on file with the Director, and any other roads
determined by the Director necessary to service the Lands in accordance with the other
provisions of this Agreement and the following:
(a) Pavement widths in accordance with the approved 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.
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(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.
(d) The Owner shall construct, install and maintain complete sidewalks in accordance
with the Town of Newcastle's Design Criteria and Standard Drawings at the locations
shown on the approved Engineering Drawings.
(e) The Owner shall construct, install, energize and maintain street lighting, in
accordance with the Town's specifications on all streets and walkways in this
Agreement, to the satisfaction of the Director.
(1) The Owner shall install the topsoil and sod of the boulevards between the curbs and
the property line on all allowances for road(s) shown on the final Plan of Subdivision
of the Lands, in accordance with the Town's Design Criteria and Standard Drawings
and to the satisfaction of the Director.
(g) The Owner shall supply, install and maintain traffic signs and permanent street-
name signs, in accordance with the Town's Design Criteria and Standard Drawings
and to the satisfaction of the Director.
3. NOT USED
4. LANDSCAPING
(a) Subject to paragraph 5.27(3), the Owner shall complete and install all landscaping
on the Urban Collector Road allowance that may be required by a Landscaping Plan
which the Owner shall submit to the Director for his approval prior to the Director's
approval of the Engineering Drawings for the Urban Collector Road.
(b) Subject to paragraph 5.27(3), the Owner shall provide, plant and maintain, under the
supervision of a qualified nurseryman or horticulturist (and guarantee for one (1)
year from the date of planting) the tree and shrub planting requirements in
accordance with the Landscaping Plan for the Urban Collector Road allowance as
approved by the Director.
5. TEMPORARY STORMWATER OUTFALL WORKS
In the event that in the opinion of the Director the construction and/or completion
of the proposed permanent storm sewer crossing of the Canadian Pacific Railway abutting
Part 1 on Plan 40R-1391O right-of-way is delayed, the Owner shall construct temporary
stormwater outfall works as follows:
(a) temporary storm over channel from the first manhole north of the railway to the
existing culvert;
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(b) pump with controls and required appurtenances to be provided in the referenced
manhole outflowing to the temporary storm overflow channel; and
(c) temporary pond facility, if required by the Director, to provide for adequate
attenuation of flows to the satisfaction of the Director and in accordance with
approved engineering drawings;
all in accordance with G.M. Semas & Associates Ltd.'s Project 89197, Drawing Nos. P-207
and P-301, draft dated Feb. 1990, as finally approved by and on file with the Director to
the Director's satisfaction (the "Temporary Stormwater Outfall Works").
6. STORMWATER CHANNELIZATION WORKS (SOUTH OF C.P.It)
The Owner shall construct a lined outfall channel (the "Stormwater Channelization
Works") from the area immediately south of the C.P.R. tracks at the storm outfall headwall
to the permanent stormwater channelization works described in Schedule "G" hereto, in
accordance with G.M. Semas & Associates Ltd.'s Project 89146, Drawing Nos. ST-2 and ST-
3, draft dated April 1991, as finally approved by and on file with the Director. Without
limiting the generality of the foregoing the channel shall include rip-rap lining, check dams
and topsoil and seeding all in accordance with approved Engineering Drawings.
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t$1 kd-
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastlet enacted and passed the 29th day of July, 1991.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction
for the design, provision and installation of an electrical supply system to serve the
Lands, in the locations as approved by the Director. All electrical services are to be
installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in order that the installation 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 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 Landst 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 gas mains, and all appurtenant manholes, laterals, service connections,
apparatus and equipment in the locations as approved by the Director.
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5.
CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority
to provide its services within the area of the Lands for the design, provision and
installation of a complete cable television distribution system to serve the said Lands.
All cable television services are to be installed underground.
6.
MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation
of a mail distribution system to service the said Lands, in the location as approved
by the Director.
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SCHEDULE -I-
THIS SCHEDULE IS SCHEDULE -I- to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 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 the 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 9wner'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;
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(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-CONSTRUCl'ED D~WINGS
The Owner's Engineer shall prepare and submit as-constructed drawings
required by the Director for the approval of the Director.
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SCHEDULE "1"
TIllS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 91-122 of the Corporation of the Town of Newcastle,
enacted and passed on the 29th day of July, 1991.
WORKS COST ESTIMATES
1.
2.
STORM SEWERS
CHANNELIZATION WORKS. SOUTH OF c.P.R.
SUB-TOTAL
5% CONTINGENCIES
$282,700.00
$309.200.00
$591,900.00
S 29.595.00
$621,495.00
S 6Z~149.50
$683,644.50
$683,644.50
SUB-TOTAL
10% ENGINEERING
TOTAL ESTIMATED COST OF SERVICES
TOTAL VALUE OF PERFORMANCE GUARANTEE:
The Performance Guarantee for Works is 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
Works 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 as approved, shall be used as a basis to adjust the value of the Performance
Guarantee in the event of any increase or decrease in the Works Cost Estimates.
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SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed the 29th day of July, 1991.
INSURANCE REQUJRED
1. TYPES OF COVE~GE 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 and Utilities pertaining
thereto.
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2.
AMOUNTS OF COVERAGE REOIDRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it
or them by the Town shall not be construed to relieve the Owner from responsibility
for other or larger claims for which it may be held responsible.
3.
EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
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SCHEDULE ILl
THIS SCHEDULE IS SCHEDULE ILl to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
REGULATIONS FOR CONSTRUcnON
1. REOUlREMENTS 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
transfered to the Town, other than the roads within the limits of the said Lands,
without the written consent of the Director.
4. DISPOSAL OF CONSTRUcnON 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 OUANTITATIVE 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 will 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. 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 assumed 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 ~T CONTROL
After the commencement of construction, the Owner shall institute upon the
Lands a pr~gram of weed and rat control to the satisfaction of the Director.
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SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
EXTERNAL SERVICES
For the purposes of this Agreement, the term "External Services" means:
the Storm Sewer Work
the Stormwater Channelization Works
the Temporary Stormwater Outfall Works
the "Roads and Services External to Lands" (as hereafter defined).
1. STORM SEWER WORK
Total Estimated Costs
Owner's Share:
$282, 700.00
$282,700.00
2. STORMWATER CHANNELIZATION WORKS (SOUTH OF C.P.~)
Total Estimated Cost:
Owner's Share of Cost:
$309,200.00
$309,200.00
3. TEl\fPORARY STORMWATER OUTFALL WORKS
Total Estimated Cost:
Owner's Share:
$20,000.00
$20,000.00
4. URBAN COLLECTOR ROAD
Owner's Share:
100%
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SCHEDULE "P-I"
THIS SCHEDULE IS SCHEDULE "P-I" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS
1. HIGHWAY NO.2 SIDEWALK AND STREETLIGHTING (EAST OF REGIONAL
ROAD 57
This work consists of the following:
a) construction of a concrete sidewalk on the south side of Highway No.2 from
Regional Road 57 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.
Owner's Share: $6,600.00
I. HIGHWAY NO.2 SIDEWALK AND STREETLIGHTING (WEST OF REGIONAL
ROAD 57
This work consists of the following:
a) construction of a concrete sidewalk on the south side of Highway No.2 from
Regional Road 57 westerly to Green Road. 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.
Owner's Share: $17,300.00
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SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 91-122 of the Corporation of the Town of
Newcastle, enacted and passed on the 29th day of July, 1991.
ENGINEERING AND INSPECfION FEES
Estimated Costs of Works
&u
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 and storm sewer installation within the lands in which the Region and/or the Town
own easements. 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
shall 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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bot ft;;r
~CHEDULE "V"
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THIS SCHEDULE IS SCHEDULE "U" to the Agreement
which has been authorized and approved by By.law No. 91-122 of the
Corporation of the Town of Newcastle, enacted and passed on the 29th day
of July, 1991.
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TO: THE CORPORATION OF THE TOWN OF NEWCASTLE
AND TO: SHIBLEY RIGHTON, their solicitors herein
RE: 829426 ONTARIO INC. (the "Company")
Servicing Agreement, (the "Agreement")
with The Corporation of The Town of Newcastle
Hwy. # 2, Part of Lots 15 & 16, Con. 1, Newcastle
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 the
land described as being in the Town of Newcastle and
the Regional Municipality of Durham and being composed
of Part of Lots 15 and 16, Concession 1, Geographic
Township of Darlington now designated as Part 1, Plan
10R-3733 and Part 1, Plan 10R-4058, deposited in the
Registry Office for the Land Titles Division of Durham
(No. 40) (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 the permitted encumbrances as set out in
Schedule MY" of the Agreement; and
d)
the Agreement
Corporation of
the interest
ownership of
postponed.
in respect of the Lands with The
the Town of Newcastle is not subject to
of any party except the fee simple
the Company and the mortgages so
This certificate
Town of Newcastle for
upon it and to act
Agreement.
is given by me to The Corporation of the
the purpose of having the said Town rely
on it in approving and executing the
..{1..
DATED at Pickering, this 13 day of December, 1991.
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~"4 t-'rOVlil.lA~
of
,w... Ontario
Transfer/Deed of Land
(1) Registry 0
(3) Property
Identlfler(s)
Land Titles ~ T(2)
Block Property
Page 1 of
4
A
pages J
Additional:
See 0
Schedule
Form 1 - Land Registration ReConn Act. 1984
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o N~Property Id~~if_ 1 I; ::)
I. IX: t- ~ \ ~dditional:
o -J ~ rSee
I&. ~. M Schedule 0
Execubo~"~'1g EXt:.~'.!,av\'"....;)
smCER:IlEICAr.e . .
;1./1':, N,.,j .. . Additional:
., 'r"..".... , ------698
,~.A___ .. Schedule 0
(8) This (a) Redescription I, (b) Schedule for:
Docum.nt New Easement
Contains Plan/Sketch kJ! Description 0
(4) Consideration
Two----------- Dollars $ 2 . 00
(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
I
Part of Parcel 15-6, Section Con.l, Darlington, being
part of Lot .16, Concession 1, Geographic Township of
Darlington, Town of Newcastle, Regional Municipality
of Durham, designated as Part 1 on Reference Plan
10R-3977 in the Land Registry Office for the Land
Titles Division of Durham.
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Additional
Parties KJ Other Ga
(7) Int.....IIE..... Transferred
~i~
Easement
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(8) Transferor(.) The transferor hereby Iransfers the land to the transferee ~1Itl(1llIK1J:acmfuaK1IJ6kllustJlitlld.o\;11em:JOJdl.lItjbOk
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WEST .~qWMANVILLE.J?J!:y~~q~~E.N.T~. ~~:P~. ..., ,., .., ~"".".......,....."......... L~9.9.~ .I.'~.I~.
Wil iam J. Daniell, President! ! I
! !:
. . . . 0.0 . . . . . . . . . . . . . . . . . . . . . . . .. . .' . . . . . . , . . .. . . . . ". . . . . .1. .. : . ..
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, . . . . . . . . . .. .~. P.flY~. fl~.t)1P:r.i.ty. .t.o. .b.i.n.d. .t.n~ . . J. . . . , .I. . . I. . .
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orporat1on !: :
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(9) Spouse(a) of Tranaferor(a) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
V M 0
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I (10) Transferor(s) Address I '^ ~
for Service c 0 William J. Daniell, :;, ~
. ." ~WlIft c...1:""...+
(11) Transferee(s)
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Date of Birth
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I (12) Transferee(s) Address
for Service
40 Temperance Street, Bowmanvi11e, Ontario, LlC 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 49 of the
Planning Act. 1983. Date of Signature Date of Signature
, V 1M, OJ i V I M I 0
: : I : . I ::
Signature. , , . . . . . . . 0 0 . . . 0 . . . . . . . . .:. . . . . .!. 0 0 1 . , 0: SIgnature..... 0 . . . 0 . . . . . . , . . . . . . . . . .!. . . . . .:. . . J . . . .
Solicitor Cor Tran.Ceror(a) I have explained the effect of section 49 of the Planning Act, 1983 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 1M, 0
Address of . : I!
Solicitor Signature. .. ...., 0 . . . . . . . . . . . . . . , . J . , . . . . i. . . .1 . . . .
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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 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. 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
V M 0
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Signature. . . . . , . . . .. .....'........
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(15) Assessment Roll Number
of Property
(16) Municipal Add,... of Property
Cty. Mun.
Map ! Sub. !
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Fees and Tax
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Not assigned
(17) Document Prepared by:
Roger :F. Davies
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ontario, M5G 2J2
Land Transfer Tax
~s-
-~. 0 Rr
I Newsome and Gilbert. Limited
Form LF1327 0/85)
Total
Apnl. 1985
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20f3
ADDITIONA~COVE~ANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
storm water channelization together with any and all appurtenances, facilities 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").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary, at all times and to pass and repass thereon for the
purposes of installing, constructing, reconstructing, examining, altering, repairing, renewing
or replacing 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;
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns and
the general public for its and their sole and only use in accordance with an Agreement ~
made between the Transferor and the Transferee registered as Instrument No. tr5:J9'f3 /
AND the Transferor: a) covenants that it will not erect any buildings or structure, 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 may
or 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, construction, 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; and e) releases to the Transferee all claims upon the interest hereby
transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
AND Robert Louis Stevens (the "Chargee"), holder of Charge No. 144942 registered on
S.eptember 1, 1988 here~y: a) postpones and subordinates the said Charge, to the easements,
fights and releases herem created and transferred; b) postpones any fights or interest which
he has in the Lands with the intent that this easement shall take effect as though executed
and regist~red prior t<? the .creation of such rights or interests of the Chargee and prior to
the e~ecutlOn a~d reglst~atlon of any mortgage, agreement or other document creating or
defimng such fights or mterests of the Chargee; and c) covenants and agrees with the
Transferee that this easement shall have priority over the rights of the Chargee in the Lands
with the intent that said Chargee or anyone claiming under him shall at no time exercise
in relating to the Lands any right, title or claim which cannot be exercised by the Transferor
by reason of the terms of this easement.
~ / ~~--
. ~.;r,
Robert Louis Stevens
(c)
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3 of 4
ADDITIQNAL COVENANTS (Continued)
AND ROYAL BANK OF CANADA (the (Chargee") holder of the following Charges:-
Instrument No. 157093 registered on January 5, 1990.
Instrument No. NL 34186 registered on August 12, 1991.
hereby: a) postpones and subordinates the said Charges to the easements, rights and releases
herein created and transferred; b) postfones any rights or interest which it has in the Lands
with the intent that this easement shal take effect as though executed and registered prior
to the creation of such rights or interests of the Chargee and prior to the execution and
registration of any mortgage, agreement or other document creating or defining such rights
or interests of the Chargee; and c) covenants and agrees with the Transferee that this
easement shall have priority over the rights of the Chargee in the Lands with the intent that
said Charge.e or ~y one c!aimin~ under them shall. at no time exercise in relation to the
Lands any nght, tItle or claIm whIch cannot be exercIsed by the Transferor by reason of the
terms of this easement.
The Name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out
in Order-in-Coupcil P.C. 1990-2221, a copy of which is attached instrument registered as No.
1{^( ~ 1 on the Dnd day of November, 1990, in the Land Registry Office for the Land
~ Division of Newcastle (No.tO).
IiJU 5
ROYAL BANK OF CANADA
B~
Name: Robert W. Lawrence
Title: Sr. Account Manager
t:;,:y:~ ~
Title: Sr. Account Manager
We have authority to bind the bank.
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jJlt~~ 411,
Affidavit of Residence and of Value of the Considerati(
Form 1 - Land Transfer Tax I
Refer to all instructions on reverse side. Part of Parcel 15-6 Sect' an Con 1 d 1.' gnated
IN THE MATTE e OF THE 'ONVEY ANCE OF (irt",rt briA,I.i1fI~plion of land) , 1. . es
as Part .L on P.ererence pl.an .LuR-,j~ II, Tc:Mn: of Newcastle, Reg~onal Munic~pal~ty of r:urham
DVE & DURHoW co IN(; . Form No. SOO
Amended '11'
BY (print names of all transferors in fUll)
West Bc:Mmanvil1e Developnents Ltd.
TO (Me instructiOn 1 and print MI'fHIS of all transfe_s In full)
'!he Corporation of the 'I'cMn of Newcastle
I. (Me instruction 2 and print Mme(s) in full)
Nicholas T. Maces
MAKE OATH AND SAY THAT:
,. I am (place a c1Hr malic within tlla squara opposite that anti of tlla following paragraphs that describes ilia capacity of tfIa deponen/(s)): (_ Instruction 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;
o (d) The authorized ~Iicitor acting in this transaction for (insen nama(s) ofprinclpaJ(s)) 'Ibe Co-rrorati on "of the '1"'(:L1;p
of Newcastle
described in paragraph(s) (a). (b). (c) above; (#Ika out ~ to inapplicable paragraphs)
o (e) The President. V ice-President. Manager. Secretary. Director. or Treasurer authorized to act for (iMe1t nama(a) of corporalion(a))
described in paragraph(s) (a!. (b). (c) above; (rtrike out referances to in~icable paragrsplls)
o If) A transferee described in paragraph( ) (insert only anti of paragraph (a). (b) or (c) above, as app/icsbIa) and am mak ing this affidavit on my own behalf and (
behalf of (Insert Mme of spouse) who is my spouse describ,
in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above. as applicable) and as such. I have personal k.nowledge of the facts herein deposed to.
2 (To be completed where the value of the consideration for the conveyanCfJ exct1flds $400,000).
I have read and considered the definition of "single fam ily residence" set out in clause 1( lHia) of the Act. The land conveyed in the above-described conveyanc'
o contains at least one and not more than two single family residences.
o dOes not contain a single family residence.
o contains more than two single family residences. (Me instruction 3)
ND.: Clause 2(1)(d) imposes an edditional tax at the rate of one--h.lf of one p'
eent 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 (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 corporatior
or a "non-resident person" as set out in the Act (SH instructions" 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 (shc;w principal and interast to be craditad against purcllase p"ce)
(ii) Given back to vendor . . . .
(e) Prooerty transferred in exchange (datail below)
(d) Securities transferred to the value oi (datail below)
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject.
(i) Other valuable consideration subject to land transfer tax (detail below) ......
$ 2.00
$ nil
$ nil
$ nil
$ nil
$ nil
$ nil
lnun "^
AIIBlan
MustS
Filled If
(g) VALUE OF lAND. BUilDING. FIXTURES AND GOODWIll SUBJECT TO
LAND TRANSFER TAX (Tota/of(a) to (f)) . . . . . . . . . . . . . . . . $ 2.00 $ 2.00
(h) VALUE OF ALL CHA TTE LS . items of tangible personal property
(Retail Salas Tax is payable on the value of all chat/els unless exempt under nil
the provisions of the "Retail Sales Tax Act", R.S.O. 1980. c.454. as amenl1ad) . . . . $
(i) Other consideration for transaction not included in (g) or (h) above $ nil
(j) TOTAL CONSIDERATION . . . . . . . $ 2. (10
5. If consideration is nominal. describe relationship between transieror and transferee and state purpose of conveyance. (SH instruction 6)
'flhi!': i!': a Tran!=;fp-r +11 th~. Municipality pursuant to a Subdivision Agreement.
6. If the consideration is nominal. is the land subject to any encumbrance7
7. Other remarks and explanations. if necessary.
Wllare
Applicab
Sworn before me at the Ci ty of 'Toronto
in the Municipali ty of Metropolitan 'Torcntc
this L~ day of ~ 19 91
A comm;g;o~L. '"
4". , -7.~ ~
aignature(s)
Nicl::)olas T. Maces
Property Information Record
A. Describe nature of instrument: Transfer of rand
B. (i) Address of property being conveyed (If available) unknown
For Land Registry Office Use Only
Registration No.
property being
Ie. RegistratIon Dale Land Registry Office N:
unknown
(ii) Assessment Roll No. (lfevailable) not- ,,-,~!=;i g:t'lFrl.
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for
conveyed (see instruction 7) 40 ~rance S~t, BaN.manvi1
ontc:rio LJe' 32\6
D. li) Registration number for last conveyance of property being conveyed (if available)
(ii) Legal description 01 property conveyed: Same as in D.li) above. Yes 0 No 0 Not known 29
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'T'nr~nt-(), Ont-~rio MC)F-l 2z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) A'e al' Ind:.Jldua! transferees Roman Catholic? Yes 0 No 0
(t) If Yes dO a!! Ind'vldual transferees Wish to be Roman Catholic Separate Schoo! Suppor1ers ? YesD No 0
(e) Do a" md:v'dva' transferees have French Language Education Rights? YesD No 0
(d) If Yes do all indillldualtranslerees wish to support the French Language School Board (where established)? Yes 0 No 0
....nTI::'. Aro ._ 1,..\ .......... l.n. .~_ 1__'" ..._:__ .___a____..I u.:n L._ ___!___..I ,,_ ......_ _..__
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01
,~.., Ontario
Transfer/Deed Of Land
Form 1 - Land ReglltnlUon Relorm Act, 1984
A
(1) Registry 0
(3) Property
Identifler(s)
Land Titles 00 (2) Page 1 01 3
pages
Block
Property
Additional:
t"hedUIe 0
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New,.:roperty Ide1f!~
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(4) Consideration
....-
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Two---------- Dollars $ 2.00
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(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
C':3
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"~itional:
~ChedUle 0
Part of Parcel 15-7, Section Con.l, Darlington, being
part of Lot 15, Concession 1, Town of Newcastle,
Geographic Township of Darlington, Regional
Municipality of Durham, designated as Part 2 on
Reference Plan 10R-3977 in the Land Registry Office
for the Land Titles Division of Durham.
CY
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Executions .
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Additional:
See 0
Schedule
(') This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch [XI Description 0
Additional
Parties [XI Other [i]
(7) Inte"II/E.tate Transferred
~
Easement
(8) Tnlnsleror(l) The transferor hereby transfers the land to the transferee:l8JlIXJllK1It.Ie1l,:lt18KtIll[~allK_UJ01gIIlIt1flX~~
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . ... .. .. . . . . .. . .. . . . . . . . .. . .
N;.~(S)' . . . , . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . Si9~~; tj 0 0 0 .. 0 0 0 0 0 0 0 0 0 0 .. 0 0 0 0 OJ ":te ~ s~
.~~~I.N. .RPAP, ~9~I?~~q~ .L.I:M.I:r~P. . . . . . . . . . . , . . . . ., ... . . . . . . , . . . . . , . . . . . . . . . . . . . . j .1.9.9.1. .I.1~.I~.
Wi! iam J. Daniell, President i !!
............,..,....,..,................,.... ,l~.. .~v~. .-\.. .~,~c;J.. :\\...~.. J......\... i...
c.....p."""'*..'" 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
(10) Transferor(s) Address
for Service
t024:\
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(11) 'n'ansferee(s) Date of Birth
Y M 0
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THE CORPORATION OF THE TOWN OF NEWCASTLE ! I i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . ... .., . ... .. . . . 04" . . . .t. . .. ........
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: ::
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(12) 'n'ansferee(s) Address
for Service 40 Temperance Street, Bowmanvi11e, Ontario, LIC 3A6
(13) TransferorCs) The transferor verifies that to the best of the transferor's knowledge and belief. this transfer does not contravene section 49 of the
Planning Act. 1983. Date of Signature Date of Signature
1 Y : M,D; : Y 1 M,D
i : i ! Signature. i! !
Signature. . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . .1. . . . . . . .
SoBcllor for Tranlleror(s) I have explained the effect of section 49 of the Planning Act. 1983 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; 0
Address of S' t ! i i
Solicitor Igna ure. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . , . ... . . .1 . . . .
(14) Solicitor for TflInsferee(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 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. 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. . . . . . . , . . . . . . . . . . . . . . . . . .
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,.o. o.o. . . .
(15) Assessment Roll Number
of Property
(16) Muntdpat Address of Property
Not assigned
Cty. Mun.
Map i Sub. !
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Par.
1
! Not assigned
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~ Registration Fee
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en
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a:
Fees and Tax
(17) Document Prepared by:
Roger F. Davies
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ontario, MSG 2J2
Land Transfer Tax
u. Total
April. 1985
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20f3
ADDITIONAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
storm water channelization together with any and all appurtenances, facilities 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").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants. agents. contractors and workmen with all necessary materials. equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary, at all times and to pass and repass thereon for the
purposes of installing, constructing, reconstructing, examining, altering. repairing. renewing
or replacing 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;
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns and
the general public for its and their sole and only use in accordance with an Agreement Ct.
made between the Transferor and the Transferee registered as Instrument No. US:;? If-) J
AND the Transferor: a) covenants that it will not erect any buildings or structure, place
or remove ~ny 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 may
or 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. construction, 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; and e) releases to the Transferee all claims upon the interest hereby
transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions. save as mentioned herein.
AND Royal Bank of Canada (the "Chargee"), holder of Charge No. 157094 registered on
January 5, 1990 and holder of Charge No. Nt 34187 registered on August 12, 1991 hereby:
a) postpones and subordinates the said Char~es to the easements, ri~hts and releases herem
created and transferred; b) postpones any fights or interest wbicb It bas in the Lands with
the intent that this easement shall take effect as though executed and re~istered prior to the
creation of such rights or interests of the Cbargee and prior to the executIon and registration
of any mortgage, agreement or other document creatmg or defining sucb rights or interests
of tbe Chargee; and c) covenants and agrees with tbe Transferee that this easement shall
have priority over the rights of the Chargee in the Lands witb the intent tbat said Chargee
or anyone claiming under them shall at no time exercise in relating to the Lands any right,
title or claim which cannot be exercised by the Transferor by reason of the terms of this
easement.
The Name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out
in Order-in-Co~cil P.C. 1990-2221, a copy of which is attached instrument registered as No.
N.1E5li on the d day of Novmber, 1990, in the Land Registry Office for the Land ~DLL;
Division of Newcastle (No. to). "1\11(5
ROYAL BANK OF CANADA
~.
~ lawrence . /
Title: Sr. Account Manager
We have authority to bind the bank.
And By: {]1)1~
Name: Rick w. Mi.. os
Title: Sr. Account Manager
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DVE & DURHAM CO. INC. . Form No. 500
. Amenclecl1991
P4"'~ 313
Affidavit of Residence and of Value of the Considerati(
Form 1 - Land Transfer Tax I
Part of Parcel 15-7, Section COn. 1,
Tc::Mn of Newcastle, Regional Mmicipality
"
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (insertbriefdescriptionofland)
np~ignatF.rl a~ Part 2 on Reference Plan lOR-3977,
of nllr'hrlm
BY (print na/7llJS 01 all tl'll1'lsferors in lull)
Martin Road Ho]d:i~s Limited
TO (_ instructiOn 1 II1Id print names of all tf81l/lferHs in lull)
'!he Corporation of the Town of Newcastle
I. (SH instruction 2 II1Id print nams(s) in lull)
Nicholas T. Maces
described in paragraph(s} (a). (bl, Icl above; (strike out merences to iMpplieab/e paragraphs)
o If) A transferee described in paragraph( ) (insert only OM of parBf1raph (a). (b) or (e) above. alfPP/iC8bfe) and am mak ing this affidavit on my own behalf and (
behalf of (Insert name of spouse) who is my spouse describi
in paragraph ( ) (insert only OM of paragrsph (a). (b) or (e) above. II$lfPp/ieab/e) and as such. I have personal knowledge of the facts herein depOSed to.
2. (fa 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 llja) of the Act. The land conveyed in the above-described conveyanc,
o contains at least one and not more than two single family residences.
o does not contain a single family residence.
o contains more than two single family residences. iSH instruction 3)
Note: Clause 2(1}{d) imposes an additional tax at the r8t. of one-half of on. p.
cent upon the valu. of consid.ration in .xcess of $400.000 wh.r. the conv.y.
anc. contains at I.ast on. and not more than two singl. family resid.nces.
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 corporatior
or a "non-resident person" as set out in the Act. (SH instructions" ami 5) none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash .
(b) Mortgages (j) Assumed (shaw principal and interest 10 be ereclited against purchau price)
(ii) Given back to vendor . . . . . . .
(c) Property transferred in exchange (detail below) ., . .
(d) Securities transferred to the value of (tietail 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
Fi/fed "
All Sian
Must B
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totafof{B) to (f)) .... .. $ 2,00 $ 2.00
(h) VALUE OF ALL CHATTELS. items of tangible personal property
(Retail SaleS TII.II is payable on the vBlue of all elllmels unle/lll exempt umier nil
the provisions of file "F/ell/if Sa/es TII.II Act', 11.5.0. 7980, e.454. 11$ amencfe(/) . . . . $
(j) Other consideration for transaction not included in (g) or (h) above $ nil
(j) TOTAL CONSIDERATION ............. . . . . . . . . . . .. $ 2.00
5. If consideration is nominal, describe relationShip between transferor and transferee and state purpose of conveyance. (SH instruction 6)
'T'hiS i~ a 'T'rrlnsfer to thE.! Municipality pursuant to a Su1:xiivision Agreem:mt.
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Inurt'II
Wile,.;
Appliellb
Sworn before me at the Ci ty of 'Toronto
in the Municipali ty of M:tropoli tan 'Torcntc.
this lc:>4-10 day of ~ 19 91
~
A Commissioner for taking Affidavits, etc.
/'7- 7 ~
aignatlire(s)
NiQbolas T Macos
.
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) unkncMn
(ii) Assessment Roll No. (ifavailab/e) not ;::,ssigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
COnv.yed (see instruction 7) 40 'T'Pnp:>r;:mcp StrePt, Bolr.manviller Flegistrahon Date Land Registry Office N,
Ot1tt'rio 1.](' 3~6
D. (i Re istr ion number for last conve ance of ro ert beln co nve ed if available rmknCMn
g at y p p y g
(ii) Legal description of property conveyed: Same as in D.(i) above.
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'Th~rlt.n r ()nt-ariD MSH 2Zl
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are allmdlvldual transferees Roman Catholic? YesD No 0
(b) If Yes OC an Ind'Vldua: transferees WiSh to be Roman Catholic Separate School Supporters?
(C) Dc a': Inch>ldual \'a~sle'ees have French Language EducaliOn Rights? Yes 0 No 0
(d) If Yes do all indlv,duallransfe'ees wish 10 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 Seclor unless otherwise directed in fa} and (b).
y
~ ~
YesD
Not known 29
NoD
YesD
NoD
04411n IM.[
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III.,
< ~ F, . .
~ f'rovll1ce
01
,~.., Ontario
Transfer/Deed of Land
Fonn 1 - Land ReglstraUon Refonn Act, 1984
A
(1) Registry 0
(3) Property
Identlfler(s)
Land TItles 10 (2) Page 1 of 4
Block Property
pages
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II. .t;:.,.
o New Rroperty Identifif,tS
. il:lC
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<..;.
Additional:
t'hedUIe 0
Ul
VI
~
.......
~
(4) Consideration
c-....i
.......
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\.:}"\~ ~~
:" <h
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'..., i..il.'...
t, , ....j;
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Adbitional:
See
Schedule
Two--------- Dollars $ 2 . 00
(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
r"'t
0")
Part of Parcel 15-6, Section Con.1, Darlington, being
part of Lot 16, Concession 1, Town of Newcastle,
Geographic Township of Darlington, Regional Municipality
of Durham, designated as Part 3 on Reference Plan
10R-3834 in the Land Registry Office for the Land
Titles Division of Durham.
C?
N
o
Execution.
8) This (a) Redescription
Document New Easement
Contains Plan/Sketch
Additional:
See 0
Schedule
i (b) Schedule for:
IXl ! Description 0
Additional
Parties IXl Other IX]
(7) InterastlEstate Transferred
:fElStIlClJIIl
Easement
(8) Transferor(s) The transferor hereby transfers the land to the transferee lKllIbCJmtilm6XllratjheX~1dl(_~~BIIt~JVXbtK
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .. . . .. . . . . .. ........... ',o" .
Name(s)' 0 . 0 . 0 0 0 0 0 0 0 . 0 . . 0 . . 0 0 . 0 . . . . . . . . 0 . . 0 . 0 . . . . Si9~' ~ 's" """'" 0 0 0 0 . . 0 0 . , 0 0 0 OJ D:te 0; S3~tur~
~~~r.~9~Y~~~& P~Y~~9f~~~~~ .~~~........ 0...0. .. 0 ,.... 0 0.., 0.0.0.0.'.000 o. 0 0 j~~9~..I.~Id1.
Wil iam J. Daniell, President Iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., ................................ j . . . . . .1. .:.
: : . : ..
. . . . . . , . , . . . . . 0 . 0 . . 0 . . , . . . , 0 , . . . . . . , . . . . . 0 . o' ,I. .l\a;~~ ,C\\.Jt;qqr::!' t;y. 0 t;Q . Q~I)q. , t1:l~. . 0 J. . 0 . 0 .!. . .1. . 0
C. I I I
orporat1on ! ::
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I
9) Spouae(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
;
,
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. . . . . . . . . . . . . . . . " . . . . . .. .. . ... . . -.. . . . . .:. ., .... . .
: : i
: ::
I I I
Date of Birth
Y M D
: t \
.THE. CORPOEArlQN ~~ XHE.TOWN.OE oNEW.CAS~LE. 0.....0...0'.......0.. 0 0... o' o. ..0. ...1.... ..1... I...
: I:
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . . . . .!. . . ! . . .
; i I
i ! i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ~ . . . . . . i. . . ! . . .
i ! i
! !:
, ..
0) lhmsferor(s) Address
for Service c/o William J. Daniell,
2) Transferee(s) Address
for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
(13) Transferorls) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
Y MO, Y M 0
;,. ~ i!
Signature. . , . . 0 0 0 . . 0 0 0 . 0 0 , . . . 0 . 0 0 .:. . 0 . . .:. . . : . . 0: Signature. 0 . . . 0 , . . 0 . . 0 . 0 . . . , . , . 0 0 . 0 .! . 0 . 0 0 .:. . . l , 0 . .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor
to detennine 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 1 Y l Mj 0
t: Address of S' ! !!
Solicitor Ignature. 0 . . . 0 . 0 , . . , , . . , . . 0 . . . . . . 0 . . , . . . ... 0 . .1 , . 0 ,
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abulting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. 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
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1,00, . . .
Signature. . . 0 0 . 0 0 . 0 . . 0 . . 0 . . . . . . . . . 0
(15) Assessment Roll Number
of Property
6) Municipal Add..... of Property
Not assigned
Cty. Mun.
Map ! Sub.! Par,
, .
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, '
Not assigned
Fees and Tax
Registration Fee
Land Transfer Tax
(17) Document Prepared by:
Roger F. Davies
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ontario, M5G 2J2
T olal
some and Gilbert. Limited
LF1327 (l/85)
April, 1985
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20f4
..
.\DDITIONAL COVENANTS
The Transferor hereby transfers to the TransfereeJ its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
storm sewers together with any and all appurtenances, facilities 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").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary at all times and to pass and repass thereon for the purposes
of installing, constructing, reconstructing, examming, altering, repairing, renewing or
replacing 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.
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, 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, construction, reconstruction examination, repair,
renewal, replacement and maintenance of the Works; c) covenants with the Transferee that
it has the nght 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; and e)
releases to the Transferee all claims upon the interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
AND Robert Louis Stevens (the "Chargee"), holder of Charge No. 144942 registered on
September 1, 1988 hereby: a) postpones and subordinates the said Charges to the easements,
rights and releases herein created and transferred; b) postpones any rights or interest which
he has in the Lands with the intent that this easement shall take effect as though executed
and registered prior to the creation of such rights or interests of the Chargee and prior to
the execution and registration of any mortgage, agreement or other document creating or
defining such rights or interests of the Chargee; and c) covenants and agrees with the
Transferee that this easement shall have priority over the rights of the Chargee in the Lands
with the intent that said Chargee or anyone claiming under him shall at no time exercise
in relating to the Lands any right, title or claim which cannot be exercised by the Transferor
by reason of the terms of this easement.
~/~
Robert Louis Stevens
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(, ,
3 of 4
ADDITIONAL COVENANTS (Continued)
AND ROYAL BANK OF CANADA (the (Chargee") holder of the following Charges:-
Instrument No. 157093 registered on January 5, 1990.
Instrument No. NL 34186 registered on August 12, 1991.
hereby: a) postpones and subordinates the said Charges to the easements, rights and releases
herein created and transferred; b) postrones any rights or interest which it has in the Lands
with the intent that this easement shal take effect as though executed and registered prior
to the creation of such rights or interests of the Chargee and prior to the execution and
registration of any mortgage, agreement or other document creating or defining such rights
or interests of the Chargee; and c) covenants and agrees with the Transferee that this
easement shall have priority over the rights of the Chargee in the Lands with the intent that
said Chargee or any one claimin~ under them shall at no time exercise in relation to the
Lands any right, title or claim which cannot be exercised by the Transferor by reason of the
terms of this easement.
The Name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out
. in Order-in-Coupcil P.C. 1990-2221, a copy of which is attached instrument registered as No.
~L;fb BHlrtt on the #nd day of November, 1990, in the Land Registry Office for the Land
'~~I' "~"Division of Newcastle (No.10).
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~-tks
ROYAL BANK OF CANADA
B'~....
~me: Robert 'w. Lawrence
Title: Sr. Account Manager
AndB~ftr)~ ~
Name: 'ck w. klo
Title: Sr. Account Manager
We have authority to bind the bank.
I
Pf/b,€ i 4 i
Affidavit of Residence and of Value of the c!onsideratio
Form 1 - Land Transfer Tax Al
Refer to all instructions on reverse side. P f 1 15 6 See ' 1 d . ted
IN THE MATTER OF THE CONVEYANCE OF (Insertbr/efdescrlptionoflBnd) art 0 Parce -, tJ.on Con. , eSJ.gna
as Part 3 on Reference Plan 10R-3834, Town of Newcastle, Reqional Municipality of Durham
DYE & DURHAM co. INC. . Form No. 500
... Amended 1191
I
I BY (print names of aII/r8nSfBrors in full)
TO (_ Instruction 1 6IId print namfIS of 8/1 transfB_ in full)
West Bowmanville Developments Ltd.
'!he COrporation of the TcMn of Newcastle
I
Nicholas T. Macos
I, (_ instruetion // 6IId print nsmB(s) In full)
I
MAKE OATH AND SAY THAT:
1. I a m (~a clear mark within the squ_ opposl/B that OIIB of the following parsgrsphs that dBscribtls the capacity of the deponent{s)}: (_ instruction 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;
o (d) The authorized ~Iicitor acting in this transaction for (/IIlIfIrt n8lllB(s) of princ/pa/(s}) '!he Corroratj op of the 'l'CJi...111
of Newcastle
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described in paragraph(s) {a), (b), (c) above; (6IrikB out refBrencBlI to lnapplicabl. paragrsphs)
o (e) The President, Vice-President, Manager, Secretary, Oirector, or Treasurer authorized to act for (InBBrt namB(s) of corporation(s)}
I
described in paragraph(s) (a), (b), (c) above; (StrikB out refBrencBlI to in:ipplicable paragrsphs)
o (f) A transferee described in paragraph( I (InBBrt only OIIB of paragrsph (a), (b) or (c) aboVB, .lIppIicable) and am making this affidavit on my own behalf and on
behalf of (insert _ of $pOUSB) who is my spouse described
in paragraph ( I (Inssrt only DIIB of paragraph (a), (b) or (c) aboVB, . applicablB) 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 convayance exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) Oa} of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. NIne: 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 valua of consideration in excess of $400,000 whare the convey-
o contains more than two single family residences. (_ instruction 3) anee contains at least one and not more than two single family residences.
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. (_ instructions 4 and 5) none
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5.
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7.
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THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . . . . _ . . . . .
(b) Mortgages (i) Assumed (show principal and intBrBllt to bB credl/Bd against purchase price)
(ii) Given back to vendor . . . . . . .
lc) Property transferred in exchange (detail bBIow) . . . . . _ . . . . . . . . . . . . .
(d) Securities transferred to the value of (detail bBlow) . . . _ . . . . . . . . . . . . .
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject
(f) Other valuable consideration subject to land transfer tax (dBtall bBlow) ......
$ 2.00
$ nil
$ nil
$ nil
$ nil
$ nil
$ nil
All Blanks
Must 8B
FIIIBdln.
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWill SUBJECT TO
LAND TRANSFER TAX (Totaloffa) to (f)) .............. _ . . . . .
(h)VALUE OF ALL CHATTELS - items of tangible personal property
(RBtail S8IBs Tax Is payablB on thB value of all chaltBls unlBss Bxempt under
the proviSions of the 'RBtail Sales Tax Act', R.S.O. 1980, c.454, as amendBd) . . . . $
0) Other consideration for transaction not included in (g) or (h) above $
(j) TOTAL CONSIOERATION ....................... $
If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (SfIB Instruction 6)
'1l1iR iR a 'T'ranRfp-r to t-bF' MLlnicipality pu;rsuant to a SUbdivision Agreement.
Inssrt 'Nil'
$
2.0Q
$
2.00
Where
Applicable.
nil
nil
2.00
If the consideration is nominal, is the land subject to any encumbrance?
Other remarks and explanations, if necessary.
I
Sworn before me at the City of 'Toronto
in the Municipality Of. ~ l-E~troJ?O li tan 'I'o:r:cntc.
<hi. ~~ 19 91
A Commissioner for taking Affidavits, etc.
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Property InformatIon Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of rand Registration No.
B. (j) Address of property being conveyed (If available) UIlknavn
Oil Assessment Roll No. (/lavailabIB) not E1ssigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 'T'P.1l'pP-rancp- Street, BaNrnanville, Registration Date Land Registry Office No.
OntofTio LIe JAG
D. 0) Re istration number for last conve ance of property being conveyed (II ava/lab/B) llIlknaNn.
/'7' ?~
signatul'6(s)
Nis;bolas T Macos
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{Ii) Legal description of property conveyed: Same as in D.{j) above. YesO No 0 Not known ~
E. Name(s) and address(es) of each transferee's solicitor
Shibley Riqhton
#l800 - 40l Bay Street
'l'n~rd-o, Onf-1'lrio MSH 2zl
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all mdiv.dualtransferees Roman Catholic? YesO No 0
(b) If Yes. do alllndividualtranslerees WIsh to be Roman Catholic Separate School Supporters? YesO No 0
(c) Do all md.vidualtranslerees have French Language Education Rights? YesO No 0
(d) tf Yes. do all individual transferees wish to support the French Language School Board (where established)? YesO No 0
NOTE: As 10 (c) and (dllhe land beino flansferred will be assianed 10 Ihe French Puhlic.Sc.hool Bo..,d '" -'-tnr ..nl...... nt"",..,..... tiirAt't..tt in t..\ ..ntt [h\
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6
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of
,~.., Ontario
Transfer/Deed of Land
Form 1 - Land Regl.trallon Reform Act. 1984
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(1) Registry D
(3) Property
Identlfler(s)
Land Titles 1XI (2) Page 1 of 4
pages
Block
Property
Additional:
~hedUIe D
(4) Consideration
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Schedule D
Two--------- Dollars $2.00
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(5) Description This is a: Property Property
JJivision n Con~lidatij)n n
Firstly - Part of Parcel ~-3. ~ection~on-1, Newcastle
(Darlington), being part of Lot 15, Concession 1, Geograp ic
Township of Darlington, Town of Newcastle, Regional
Municipality of Durham, designated as Part 1 on Reference
Plan 10R-3834 in the Land Registry Office for the Land
Titles Division of Durham.
Secondly - Part of Parcel 15-6, Section Con-1 Darlington,
being part of Lot 16, Concession 1, Geographic Township
of Darlington, Town of Newcastle, Regional Municipality
D of Durham designated as Part 20n Plan 10R-3834.
..........
-
....,.....
...
Additional:
See
Schedule
(8) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch lJl Description D
(7) Inte....tlE.tat. Transferred
Additional ~3~
Parties :IU Other 0 Easement
(8) Transferoli') The transferor hereby transfers the land to the transferee~~taK1IltieKDC1IJeXleU[_~x:I1mIKuiI::tbBt:
Name(s)
WEST BOWMANVILLE DEVELOPMENTS LTD.
. .. . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date of Signature
Y M D
I ~
i 1991 ! It !di
Will a~' J '. D~~i~i.i",' p'r'e's'!d'e';'t' , , l' , . . . 'I' . . i . , .
r !!
. . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. J .. .. . .. .. .1.. .. .. ~ .. ..'..
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Corporation l !!
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.. .. .. .. .. .. .. .. .. .. .. .. . . . . .. .. .. ',' . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .
(9) SPOUae(I) of Transferolil) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M D
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10) Transferor(s) Address
for Service c/o William J. Daniell,
(11) li'ansfe...e(s)
. ,
L
Date of Birth
Y M D
f . i
THE CORPORATION OF THE TOWN OF NEWCASTLE I 1 I
. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . ~. . . I . . .
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. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .i' . . i . . .
I I I
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. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .!. . . i . . . .
! i!
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12) li'ansferee(s) Address
for Service 40 Temperance Street, Bowmanvil1e, Ontario, LIC 3A6
(13) Transferor's) The transferor verifies that to the best of thf! transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983, Date of Signature Date of Signature
Y MOl Y M 0
I I ' :!
I I S' t I I I
Signature. . , . , . . . . . . , , . . , . , . . , , . , .:, . . , , ,;, , , : . , . : Igna ure, , . , . . . . . , , . , . , . . . . . . . . . . . ,! . , , . . ,:, . , J , . , ,
SollclIQr for Tranlferor(s) I have explained the effect of section 49 of the Planning Act, 1983 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 1 Y 1M; 0
~~1~:: of Signature, . , . , , . , , . . , . . . . . , . . . . . . , . j , . , . . ,L . . .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 49 (21a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. 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
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Signature. . . . . . . . . . . . . . . . . . . . . . . . . . !. . . . . . !. . . J. . . .
(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
Not assigned
Cty. Mun.
Map I Sub.! Par.
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Not as$igned
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~ Registration Fee
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Feel and Tall
(17) Document Prepared by:
Roger F. Davies
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ontario, M5G 2J2
Land Transfer Tax
u.. Total
./"
April, 1985
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2 of 3
A.J>DITIQNAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement in, across and through the lands more
particularly described in Box 5 hereof (the "Lands") for the purpose of access to construct,
reconstruct, repair and maintain the storm sewer works (the "Works") located on, in, under
and through Part of Lots 15 and 16, Concession 1, Geographic Township of Darlington,
Town of Newcastle, Regional Municipality of Durham, designated as Part 3 on Plan 10R-
3834 and Parts 1 and 2 on Plan lOR-3977 as may be required from time to time.
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary at all times and to pass and repass thereon for the purposes
of installing, constructing, reconstructing, examining, altering, repairing, renewing or
replacing and maintaining the Works or any part thereof.
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use in accordance with an agrpement made between the
Transferor and the Transferee registered as Instrument No. L/S:}1lf51;
AND the Transferor: a) covenants that it will not erect any buildings or structure, 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 may
or 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, construction, 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; and e) releases to the Transferee all claims upon the interest hereby
transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
AND Robert Louis Stevens (the "Chargee"), holder of Charge No. 14365 registered on
September 1, 1988 and holder of Charge No. 144942 registered on Se'ptember 1, 1988
hereby: a) postpones and subordinates the said Charges to the easements, nghts and releases
herein created and transferred; b) postpones any rights or interest which he has in the Lands
with the intent that this easement shall take effect as though executed and registered prior
to the creation of such rights or interests of the Chargee and prior to the execution and
registration of any mortgage, agreement or other document creating or defining such rights
or interests of the Chargee; and c) covenants and agrees with the Transferee that this
easement shall have priority over the rights of the Chargee in the Lands with the intent that
said Chargee or anyone claiming under him shall at no time exercise in relating to the
Lands any right, title or claim which cannot be exercised by the Transferor by reason of the
terms of this easement.
~/d~
Robert Louis Stevens
(d)
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APDITION.\L COVENANTS (Continued)
AND ROYAL BANK OF CANADA (the (Chargee") holder of the following Charges:-
Instrument No. NL 24606 registered on January 5, 1990.
Instrument No. NL 34186 registered on August 12, 1991.
Instrument No. 157093 registered on January 5, 1990.
hereby: a) postpones and subordinates the said Charges to the easements, rights and releases
herein created and transferred; b) postfones any rights or interest which it has in the Lands
with the intent that this easement shal take effect as though executed and registered prior
to the creation of such rights or interests of the Chargee and prior to the execution and
registration of any mortgage, agreement or other document creating or defining such rights
or interests of the Chargee; and c) covenants and agrees with the Transferee that this
easement shall have priority over the rights of the Chargee in the Lands with the intent that
said Chargee or any one claimin~ under them shall at no time exercise in relation to the
Lands any right, title or claim whIch cannot be exercised by the Transferor by reason of the
terms of this easement.
I The Name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out
in Order-in-Coupcil P.C. 1990-2221, a copy of which is attached instrument registered as No.
Iilw15J31lJ J lion the and day of November, 1990, in the Land Registry Office for the Land
. ~lIi&Hy Division of Newcastle (No.10).
lIJ(a'j,
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ROYAL BANK OF CANADA
~~
~e: :bert w. Lawrence
TItle: Sr. Account Manager
We have authority to bind the bank.
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Affidavit of Residence and of Value of the Consicferatio
Form 1 - Land Transfer Tax A(
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (inHrtbriefdesCriptionof/and) Part of Parcel 15-3, Section Con-2, designated
al'l P~rt: 1 on P1 ~n lOR- 3R14, ~nn P~r~p 1 1 r:;-h: Sp~H nn ('nn 1, Drlr1 i nCJt-nn: np!":i g:n~terl rl!":
P~rt: 2 on Pl~n 10'R-1R14, 'l'cx.m of NPwr.~l'lt-1p, 'RpCJir.nrl1 Ml1ni~ip;'llity nf Dl1rhoro.
8Y (print names of alltransferors in full) Wel'lt 'Ro.vm.::lnvi 11 e neve1 npmPnt-!": T.t-n
DYE t DURHAM co. INC. . Form No. SOD
Amended '"'
TO (_ instruction 1 and print names of all transfBrNs In full)
'!he Corporation of the Tam of Newcastle
I. (_ Instruction 2 and print name(s) In fulQ
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (pIa~ a clear marlc within the sqUIIIe opposite that one of tha foI/owifI{J paragraphs that desCribes the capacity of /he deponent(s)): (see Instruc1ion 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;
R'I... (d) The authorized ~licitor acting in this transaction for (insert name(s) of principa/{s)) '!he COrroration of tl1e TaPn
""""'\ of Newcastle
described in paragraph(s) (a),' (b). lc) above; (strike out I'IIfeIwnces to Inapplicable paragftl/Jhs)
'0 (e) The President. Vice-President. Manager. Secretary, Director. or Treasurer authorized to act for (insert name(s) of C<<pOration(S))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
o If) A transferee described in paragraph( ) (in_rt only one of paragraph (a). (b) or (c) abol/ll, 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 ( ) (lmrert only one of par&gftl/Jh (a). (b) or (c) abol/ll, as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be comp/ettKI where the value of the COIIsideration for the con...yance 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. Noot: Clause 211Hd) imposes an lICIditiOnal tax at the rate of one-half of one par
o does not contain a single family residence. cant upon the value of consideration in ex~ of $400,000 where the convey,
o contains more than two single fam ily residences. (_ instruction 3) anee contains at laast ona and not mora than two single family residences.
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. (_ instructions 4 and 5) none
THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
la) Monies paid or to be paid in cash . . . . . . . . . . . . . . .. ........
Ib) Mortgages (i) Assumed (shaw principal and interHt to be credited against purch8SB price)
Oi) Given back to vendor . . . . . . .
Ic} Property transferred in exchange (detail below) .. . . . . . . . . . . . . . . . . .
(d) Securities transferred to the value of (detail 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
Filled In.
All Blanks
MUSI8e
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (fJJ ,................... $ 2.00 $ 2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tax is payable on t/HI value of all chaffels unless exempl undfll' $ nil
I/HI provisions of I/HI "Rstall Sales Tax Act". R.S.O. 1980, c.454. as amended) . . . . . . . . . . . . . .
(i) Other consideration for transaction not included in (g) or (h) above . . . . . . . . . . $ nil
(j) TOTAL CONSIDERATION ....................... . . . . . . . . . . $ 2.00
If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
'Th; l'l i!=l ~ 'T'ran!=lfp-r to thl=' Municipality pursuant to a SUbdivision Agreene:nt.
If the consideration is nominal, is the land subject to any encumbrance?
Other remarks and explanations, if necessary.
Insert "Nil.
Where
Applicable.
Sworn before me at the City of 'Toronto
in the Municipali ty of Metropolitan 'I'orcntc
t~ 19 91
this
Signsture(S)
Macos
7.~
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.
8. (j) Address of property being conveyed (if available) unknOWIl
W) Assessment Roll No. (If available) not: .;:1l'lSi gnPii
C. Mailing addressees) for future Notices of Assessment under the Assessment Act for property being
convayed (see instruction 7) 40 ~n:ln~ Street, BaNrnanville, Registration Date Land Registry Office No.
Ont.? rio L'C 3AG
D. i R istrati n n mber for las c nve ance of ro ert bein conve ed Ifavailab~ unknOW'1l
() eg 0 u toy p p y g
(ii) Legal description of property conveyed: Same as in D.(i) above.
E. Name(s) and address(esl of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
Torrmt:n, Ont-~rio MSH 2Z1
School Tax Support (VOluntary Election) See reverse for explanation
(a) Are ali indiVidual transferees Roman Catholic? YesD No D
(b) If Yes do ali indiVidual transferees wish to be Roman Catholic Separate School Supporters?
(c) Do ali IndiVidual transferees have French language Education Rights? YesD No D
Id) If Yes. do all individual transferees wish to support the French Language School Board (where established)? Yes D No D
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Publil; SchQol ag;l1d_QI' Sector unless othelWise directed in tal and tbl.
y
~ ~
YesD
Not known ~
NoD
YesD
NoD
Il44Cln ton.no'
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01
,w,., Ontario
Transfer/Deed of Land
.'
Form 1 - Land Reglatratlon Reform Act. 1984
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(3) Property
Identlfler(s)
Land Titles 1ZI (2) Page 1 of 3
pages
Block
Property
Additional:
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(4) Consideration
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Additional:
See
Schedule
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Two---------- Dollars $ 2.00
(5) Description This is a: Property Property 0
Division q C.onSQJidatiofl
Firstly - Part of ~arceI 5-5, Section Con-l~ .Newcast1e
(Darlington), being part of Lots 15 and 16, Concession
1, Geographic Township of Darlington, Town of Newcastle,
Regional Municipality of Durham, designated as Part 2 on
Reference Plan No. 40R-13910 in the Land Registry Office
for the Land Titles Division of Durham; and
Secondly - Part of said Parcel 15-5, being part of said
Lot 15 designated as Parts 2 and 3 on Reference Plan
No. 10R-3733 in the said Office.
tc::llt
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Additional:
See
Schedule
o
(a) Redescription
NfIW Easement
Plan/Sketch
! (b) Schedule for:
[j I Description 0
,
Additional
Parties Ga Other [XI
(7) IntereatlE.tate Traneferred
6eJlii~
Easement
(8) Tranaterofi.) The transferor hereby transfers the land to the transfereejll!ll.lk~~RI.1ilMMd(D~~:\clJm:mmt~~JtMt
. .. . . . . . .. . . . . . . . . . . . '0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . ... . ... ..
Date of Signature
?~& 9~~~9: ~~G'::::::::::::::::::::::::::' ~~~~:'l' :':~i~~~~JL9:::L :1';: IQ~
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< , 1 \ 1 €A
. . . . . . , . . . . . , . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . .. ..........................: .;..; . . J .19.9.1.1. .2.1. . .
1 "
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(9) Spouee(.) of Tranaferofia) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
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;
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(10) liansferor(s) Address
for Service 1 Dundas Street West, Suite 2800, Toronto, Ontario, MSG 2J2
(11) Transferee(s) Date of Birth
Y M 0
THE C~ORATION OF THE TOWN O~ NEWCASTLE : 'I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . . . . . f. . . J . . .
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(12) liansferee(s) Address
for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
(13) Transferorts) The transferor verifies that to the best of thp. transferor's knowledge and belief. this transfer does not contravene section 49 of the
Planning Act. 1983. Date of Signature Date of Signature
, Y 1 M. 0; I Y ,M I 0
! ! i : Si nature ! !!
Signature, . . . . , . . . . . . . . . . . . . . . , . , .'. . . . . .!. . . . . . . . g . . . . . . . . , . . . . . , . . . . . . . . . . , ... . . . . .1. . . ... . . .
SoUcltor for Transferot'(s) I have explained the effect of section 49 of the Planning Act. 1983 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 ! Mi 0
Address of S' : : I
o Solicitor Ignature. . . . . . . . , . . . . . . . . . . . . . . . . . .1. . . , . .:. . . .. . . . ,
I
n ,"' (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
<( 1; reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this
g' -lii~ transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
'c ~! solicitor in good standing.
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Q. (j)~:!:: Name and Date of Signature
.~~e Address of 1 Y M 0
~:oQ.! Solicitor ,:'., . , . . .
en Signature. . . . . . . . . . . . . . . . . . . . . , . . . .
(15) Assessment Roll Number
of Property
(18) Municipal AddraII of Property
Not assigned
Cty. Mun.
Map ! Sub. !
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Fees and Tax
(17) Document Prepared by:
Roger F. Davies
Markborough Properties Inc.
1 Dundas Street West
Suite 2800
Toronto, Ontario, MSG 2J2
Land Transfer Tax
Total
April, 1985
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2 of 3
ADDITIQNAL COVENANTS
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement in, across and through the lands more
particularly described in Box 5 hereof (the "Lands") for the purpose of access for fire
protection and to construct, reconstruct, repair and maintain the storm sewer works (the
"Works") located on, in, under and through Part of Lots 15 and 16, Concession 1,
Geographic Township of Darlington, Town of Newcastle. Regional Municipality of Durham,
designated as Part 1 on Plan 40R-13910 as may be required from time to time.
TOGETIlER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary at all times and to pass and repass thereon for the purposes
of installing, constructing, reconstructing. examining. altering, repairing,. renewing or
replacing and maintaining the Works or any part thereof.
TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use in accordance with an agreement made between the
Transferor and the Transferee registered as Instrument No. L ,s:r:P-13A
AND the Transferor: a) covenants that it will not erect any buildings or structure, 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 may
or 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. construction, 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; and e) releases to the Transferee aU claims upon the interest hereby
transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
AND Royal Bank of Canada (the "Chargee"), holder of Charge No. 154760 registered on
September 29, 1989 and holder of Charge No. NL 32679 registered on May 28, 1991 hereby:
a) postpones and subordinates the said Char~es to the easements, ri~hts and releases herem
created and transferred; b) postpones any fIghts or interest which It has in the Lands with
the intent that this easement shall take effect as though executed and re~istered prior to the
creation of such rights or interests of the Chargee and prior to the executIOn and registration
of any mortgage, agreement or other document creatmg or defining such rights or interests
of the Chargee; and c) covenants and agrees with the Transferee that this easement shall
have priority over the rights of the Chargee in the Lands with the intent that said Chargee
or anyone claiming under them shall at no time exercise in relating to the Lands any right,
title or claim which cannot be exercised by the Transferor by reason of the terms of this
easement.
The Name of The Royal Bank of Canada was changed to Royal Bank of Canada as set out
in Order-in-Coupcil P.C. 1990-2221, a copy of which is attached instrument registered as No.
.lilIi n on the Qnd day of November, 1990, in the Land Registry Office for the Land
a ..: I ~. Division of Newcastle (No. to).
-n~
ROYAL BANK OF CANADA
BY:~
Name: Robert w. Lawrence
Title: Sr. Account Manager
We have authority to bind the bank.
AndBY:~~'.
Name: . ck . Miklos
Title: Sr. Account Manager
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PHi, t;; 313
Affidavit of Residence and of Value of the Consideratic
Form 1 - Land Transfer Tax A
Refer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (ifIHrton.Idftcriptionolland) Part of Parcel lS-S, Section Con-I dp-!'dqn~t-M
as Par+- 2 on RAfp-rl'm~ P]~n No_ 40R-BC}lO ~nn P~rt'"',::>1 15-1; n~C;;lJTlab:"n (;IS Parts 2 (;1m 3 on
RP-fp-rp.n~ PlanlOR-3733, 'T'nwn of Nl'>WC'"';l~t-1,::>, RE'giOTl.::l] ~,n;C'i~lity of Durham
BY (print '*'* of 811 "../.rors in lun) R?Q426 ()nt-Fir; 0 Tnl'"!
.
DYE & DURHAM CO. INC. . Form No. 500
Amended '18'
TO (_ Irr6truction 1 and ptInt "''''*' of 8111___ In full)
'!he Corporation of the Town of Newcastle
I. (_ Instruction 2 8IId pltnt Mm8($) In full)
Nicholas T. Macos
described in paragraph(s) (al. (bl. (c) above; (.rrlk. out ~ 10 IMppIQb/fI patagrephs)
o (f) A transferee described in paragraph( ) (InNrt only _ 01 PMaQreph (~. (b) or (c) abcww. .. appIk:lIbIe) and am mak ing this affidavit on my own behalf and 0
behalf of (1nsMI _ oIfPOUH) who is my spouse describe
in paragraph ( ) (I_ only _ of ,wagreph (a), (b) or (c) Ibo.., .. appIiCMIItI) and as such. I have personal knowledge of the facts herein deposed to.
2. (1"0 be CDm,.ted where the value of the con$/der.tion for the conveyance exceIKIs $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 conveyanc€
o contains at least one and not more than two single family residences. ...: Clause 2(1Hd) imposes an additional tax at the r.-te of one-helf of one II'
o does not contain a single family residence. cent upon the value of consideration in 1XC811 of $400,000 where the convey,
o contains more than two single family residences. (_ iMUllCtlon 3) anee contains at leest one and not mora than two single family residances.
3. I have read and considered the definitions 0"1 "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporatior
or a "non-resident person" as set out in the Act (_Ir/$/rUCIions 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 (~w ~1.1!d Inl.,.SlIO be cretJiltId 8geinSI purchase price)
Iii) Given back to vendor . . . .
(c) Property transferred in exchange (de/ail below) ...... . . . . . . . .
td) Securities transferred to the value of (delail below) ...........
(e) Liens. legacies. annuities and maintenance charges to which trans"ler is subject .
(f) Other valuable consideration subject to land transfer tax (deleil below) "
$ 2.00
$ nil
$ nil
$ nil
$ nil
$ nil
$ nil
FIlled In
All 81M!
MUSI Bt
(g) VALUE OF LAND. BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (f)) . . . . . . . . . . . . . . . .
(h) VALUE OF ALL CHATTE LS - items of tangible personal property
(Relall s.ItIs Tax Is pay8IJItI on 1h/ll/8/ue o( all chaltels unlesS exempt under
thII provisions o( Ih/I "Relail s.ItIs Tax Act", R.S.O. 1980. c.454. .. emendtld) . . . . . . . . . . . . . . . .. $
(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. (_ instruction 6)
'Tl'l;~ i~ a 'T':ranl;fp-r t-n the Mlmicjpality pursuant to a Subdivision Agr~t.
6. If the consideration is nominal. is the land subject to any encumbrance'
7. Other remarks and explanations. if necessary.
IlfNrt 'N
$
2.00
$
2.00
Wh/Ire
AppIiCMIl
nil
nil
2.00
Sworn before me at the City of 'Ioronto
in the Muni.cipali ty of l-Etropoli tan 'forcntc
this (Ok-- day 0"1 ~ 19 91
A Comm"i~~";""to
.4.7-----
IIgnaIUre(S)
Nicholac; T Ma.cos
.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of rand RegiBlration No.
B. (i) Address of property being conveyed (If avail/Jb/e) unkncMn
Oi) Assessment Roll No. (If .""'I8bIe) not ;::,SS1 gnP-d
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 ~r;:)n~ Street, Bar....7manviller Registration Date Land Registry Office Nc
tnti'rio 1,]e' 3A6
D. (j) R istration number for last conve ance of ro ert bein conve ed (if avail8ble) llt'lknp..m
eg y p p y g y
(ii) Legal description 0"1 property conveyed: Same as in D.Ii) above. Yes 0 No 0 Not known 29
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'Th'l'"'M".t-n r ()nt-~rio M.c;H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are a!' ,nd'vlduallransferees Roman Catholic? Yes 0 No 0
(b) 11 Yes do a'i indiVIdual transferees Wish 10 be Roman Catholic Separate School Supporters? YesD No 0
(C) Do a" 'nd'vldua' transferees have French language Educat,on Rights? Yes 0 No 0
(d) If Yes do all Individual lransferees wiSh to support the French Language School B~~,^,hereestablished)?~ Y~s n /lJO~
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~. PrOVIIIL~
01
.w.., Ontario
Transfer/Deed of Land
(1) Registry 0
(3) Property
Identlfler(s)
Land Titles IX! T(2)
Block Property
Page 1 0' 3
A
pages )
Additional:
See 0
Schedule
Fonn 1 - Land ReglltraUon Reform Act, 1984
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(4) Consideration
'-~
.........
TwO-------------DoIlars $ 2.00
(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
.......
Q')
.
Additional:
See
Schedule
Part of Parcel 15-5, Section Con-I, Newcastle
(Darlington), being part of Lot 16, Concession 1,
Geographic Township of Darlington, Town of Newcastle,
Regional Municipality of Durham, designated as Part 1
on Reference Plan 40R-13910 in the Land Registry Office
for the Land Titles Division of Durham.
o
Executions
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(8) This (a) Redescription
Document New Easement
COntains Plan/Sketch
Additional:
See 0
Schedule
1 (b) Schedule for:
[]I ! Description 0
Additional
Parties []I Other [XJ
(7) Interest/E.tllte Transferred
6tR~
Easement
I
(8) Tranlferor(s) The transferor hereby transfers the land to the transferee:l8R<tlllBClifieKbKtt:lllCkIa1I1eJoc~:le1gJQteIIIX~1lG1t
I.. .... .. ...........................................................
Date 0' Signature
Name(s) .... . . .. .... . . . . . . . . . . . . . . . . . Sig~~t~;e( 'if . . . . . . . . . . . . , : . . . . . . . "; Y : M: 0
.~~~4.2.6. .o~:r~~P? INC. ... . .... .. .. .. .. .... .. "1.9~ "\.:r.~qf;Y'" .~....: .,.... '''''''.; J .1,9.9.1. ,j.'? ! ~.
J~~ ~"y tWf t- ...~ I ::
.... . '.- . ~"-: i!
, ,~I I.
. , . . . . . . . . . . . . . . . . . . . . . , . . . . . . , .. .... . r""'W.;~.::t.' ~\,U'. _..~ l' . . . . .,. . . ! . . .
~ :: .. 11991. 1 \t i q
. .. ...... .... .., . . . . . . . . . . . . . . . . .. ....................... ....-. . . .~. .:- . . . 1 . . . . . 0:' . . ! . . .
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(9) Spouse(l) ot Transteror(s) 1 hereby consent to this transaction
Name(s)
Signature(s)
Date 0' Signature
Y M 0
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. . ., . . . . . . . . . . . . . .. . .. . . . .. . ., . . . of-. . . . 'I" . . l' . . .
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it:
I (10)1::n~~:~s)Address 1 Dundas Street West, Suite 2800, Toronto, Ontario, M5G 2J2
(11) Transferee(s)
Date 0' Birth
Y M 0
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. \,
THE CORPORATION OF THE TOWN OF NEWCASTLE ! !!
. . ., .......... ..................................................................... -I. . . .... .
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. . . . .. ... . .. .... " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . .i. . . i. . .
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I (12) Transferee(s) Address
for Service \40 Temperance Street, Bowmanvi1le, Ontario, LIC 3A6
I
(13) Transferor's) The trans'eror veri'ies that to the best 0' thA trans'eror's knowledge and belie', this trans'er does nol contravene section 49 of the
Planning Act. 1983. Date 0' Signature Date 0' Signature
YoM,D 0 Y M 0
i :) i . : !:
Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .1. . . : . . .: Signature...........,.............,.!......:... J . . . .
Solicitor for Transferor(s) I have explained the effect of section 49 0' the Planning Act, 1983 to the trans'eror and I have made inquiries 0' the transferor
I ~ to determine that this transfer does not contravene that section and based on the information supplied by the trans'eror, to the best of my knowledge
Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
o Nameand ! Y l M; 0
~ Address 0' . : ::
o Solicitor Signature. . . . . . , . . . . , . . . . . . . . . . , . . . ~ . . . .. . .:. . . .0 . . . .
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 49 (21a) (c) (Ii) 0' the Planning Act, 1983 and that to the best 0' my knowledge and belie' this
g' _.! i transter does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
I 'c ~ ~ I solicitor in good standing.
c s...~
S ...i!!
11. lii.2:!:
xis!
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'0
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Name and
Address 0'
Solicitor
Date of Signature
Y M 0
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(15) Assessment Roll Number
of Property
I (18) Municipal Address of Property
Signature. . . . . . . . . . . . . . . . . . . . . . . . . .
o .
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!. . . . . .!. . . .1.. "
Cty. Mun.
Map ! Sub. !
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!Not assigned
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Feel and Tax
Not assigned
(17) Document Prepared by:
Roger :F. Davies
Markbo;rough J>roperties Inc.
I Dundas Street West
Suite 2800
Toronto, Ontario, M5G 2J2
Land Trans'er Tax
2s -
~A
I
Total
l0 ,.
I Newsome and Gilbert. Limited
Form LF1321 (1185)
April, 1985
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20f3
ADDI:aO~AL COVE1it\NT~
The Transferor hereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such'
storm sewers together with any anCl all appurtenances, facilities and works (the "Works") as
may be required from time to time in, across, under and through the lands more particularly
described 10 Box 5 hereof (the "Lands").
TOGETHER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary at all times and to pass and repass thereon for the purposes
of installing, constructing, reconstructing, exanuning, altering, repairing, renewing or
replacing 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.
TO HA VB AND TO HOLD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect an)' buildings or structure, 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, construction, reconstruction examination, repair,
renewal, replacement and maintenance of the Works; c) covenants with the Transferee that
it has the nght 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; and e)
releases to the Transferee all claims upon the interest hereby transferred.
AND the Transferee shall have quiet possession of the said easement or right in the nature
of an easement, free from all encumbrances and restrictions, save as mentioned herein.
AND Royal Bank of Canada (the "Chargee"), holder of Charge No. 154760 registered on
September 29, 1989 and holder of Charge No. NL 32679 registered on May 28, 1991 hereby:
a) postpones and subordinates the said Char~cs to the easements, ri~hts and rcleases herem
created and transferred; b) postpones any nghts or interest which It has in the Lands with
the intent that this easement shall take effect as though executed and re~istered prior to the
creation of such rights or intcrcsts of the Chargee and prior to the execution and registration
of any mortgage, agreement or other document creatmg or defining such rights or interests
of the Chargee; and c) covenants and agrees with thc Transferee that this easement shall
have priority over the rights of the Chargee in the Lands with the intent that said Chargee
or anyone claiming under them shall at no time exercise in relating to the Lands any right,
title or claim which cannot be exercised by the Transferor by reason of the terms of this
easement.
The Name of The Royal Bank of Canada was chan&ed to Royal Bank of Canada as set out
in Order-in-Couflcil P.C. 1990-2221, a copy of which IS attached instrument registered as No.
"f Ul on the rind day of November, 1990, in the Land Registry Office for the Land
R-6b~try Division of Newcastle (No.10).
T~
ROYAL BANK OF CANADA
B~~
Warne: Robert w. Lawrence'
Title: Sr. Account Manager
We have quthority to bind the bank.
And By: (fJu ~kJv
Name: Ri'(;k w. Miklos
Title: Sr. Account Manager
I, {.....~ "'.. F_ ... '"
AmendeCI ,..,
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Ph&t~313-
Affidavit of Residence and of Value of the Consideratic
Form 1 - land Transfer Tax A
Refer to a/l instructions on reverse side. p f P 1 15 5 Secti' CO 1 de gnated
IN THE MATTER OF THE CONVEYANCE OF (lnHrtbrieft>>scriptionofland) art 0 arce -, on n-, si
as Part 1 00 Pefer~nf'".P Phm 40R-B9l0, Town of Newcastle, Reqional Municipality of Durham
BY (print names of .n ~fOI'$ in full)
R?q4?~ OnTario Inc.
TO (_ inBtruction 1 WId print names of .n t,.nsr.- In full)
'!he COrporation of the Town of Newcastle
I , (_ iMtnJCtjon 2 WId prim MlM(s) in full)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (p/aOe a c1Nr marIr wItfIin /he IqUaIe oppoa/te tIrM _ of /he following ~ tIrM dll/lctlbes /he c.pacIty of /he daponfIn1(s)): (aN Instruction 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;
o (dl The authorized ~Iicitor acting in this transaction for (Insert name(S) of princlpa/(s)) '!be Co~rAtio7" O-F +-1-1.:0 'T'n..m
of 'NAA7t'".A~t1e
described in paragraph(s) (al, Ibl, Icl above; (atItU out ~ 10 Inapplicable paragr.ph$)
o (e) The President. Vice-President. Manager, Secretary, Director, or Treasurer authorized to act for (Inaert name(s) of COI'fJOI-*""S))
described in paragraph Is) (al. (bl, (c) above; (strike out ~ to ifgppIicabI# parll(J,-.phs)
o (f) A transferee described in paragraph( I (InN" only _ of f>>TII(Jraph (a). (b) or (c) abO.., .. appIicabI#) and am mak ing this affidavit on my own behalf and 0
behalf of (InN" MI!le of spouse) who is my spouse describe
in paragraph I ) (ifIN" only one of ptrII(Jraph (a). (b) or (c) abO.., .. applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where th. value of the consk>>",t/on (or th. convayallClJ .xCfHK/s $400,000).
I have read and considered the definition of "single fam ily residence" set out in clause 1 (1) (jal 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.
o contains more than two single fam ily residences. (_ iMtruction 3)
Nor1I: CI.u. 2( 1) (d) Imposes.n edditlonal taX .t the rllte of on.h.lf of on. PI
cent upon the v.lue of consld....tion in excess of $400,000 whttfe the convey-
ance cont.lns .t least one .nd not more than two lingle f.mily r.idenc.,
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. (_ instructionS.. 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 (ShGw principal and inle,fISt 10 be credited .Inst purchase price) ...... $
(ii) Given back to vendor . . . . . . . $
(e) Property transferred in exchange (detail below) .... . . . . . . . . . . . . . . . . $
(d) Securities transferred to the value of (detail below) . . .. ............. $
(e) Liens, legacies. annuities and maintenance charges to Wl1ich transfer is subject . . . $
(f) Other valuable consideration subject to land transfer tax (detail below) ........ $
2.00
nil
nil
nil
nil
nil
nil
IfIN" ON,
All Slanl
Must Bt
Filled In
(g) VALUE OF LAND. BUilDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Toralof(a) to (f)) .......... $ 2.00 $ 2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(FMail Sale. Tax ill payable on tile tIIIIU6 of all wlte/. unIes5 e"empt under nil
/he 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 ....................... $ nil
(j) TOTAL CONSIDERATION ............................. .................... $ 2. ao
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (ture instructiOn 6)
'flh';1=: i~ a 'T'ran~fpr to thE" Mlmicipalii;y pursuant to a SUbdivision Agreem:mt.
6. If the consideration is nominal, is the land subject to any encumbrance'
7. Other remarks and explanations, if necessary.
Wile,.
App/icabl,
Sworn before me at the Ci ty of ']' oronto
in the Municipality of ~tropoli tan 'Torcntc.
this L~ day of ~ 19 9l
~
A Commissioner for taking Affidavits. etc.
~. 7-~
~neture(s)
Nicholas T Macos
-
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of land Registration No.
B. (i) Address of property being conveyed (If a"ilable) ~
Oi) Assessment Roll No. (ifavailable) not ,,"I~~i gnf:'rl
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 ~rann:! Street, Bowmanville, RegIStratiOn Date Land Registry Office N(
OAtiric LJC 3A6
D. 0) Re istration number for last conve ance of ro erty bein co nve ed If available) tmkncMn
y
~
YesD
Not known Qg
gyp p g
Oi) Legal description of property conveyed. Same as in D.li) above.
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'Th~rIT.n, OnTflri 0 MI)H 2Z1
School Tax Support (Voluntary Election) See reverse for explanation
(al Are alllndiv/dual transferees Roman Catholic? YesD No D
(b) If Yes do all IndlVldual transferees Wish to be Roman Catholic Separate School Supporters?
(C) Do al1 md'vlduallransferees have French Language Education Rights? YesD No D
(dl If Yes. do all Ind/vldual transferees wish to support the French Language School Board (where established)?
NoD
YesD
NoD
YesD
NoD