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Home My WebLink About91-138 DN: VELTRI. BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- 138 being a By-law to authorize the entering into an Agre~ment with 848601 Ontario Inc. and 829633 Ontario Inc. and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T 88067. 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 848601 Ontario Inc. and 829633 Ontario Inc. and the said Corporation in respect of Plan of Subdivision 18T-88067. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Town, the said conveyances of lands required pursuant to the aforesaid Agrement. BY-LAW read a first time this 16th. day of September, 1991. BY-LAW read a second time this 16th. day of September, 1991. BY-LAW read a.~ third time and finally passed this 16th. day of September, 1991. ~ MAYOR .11; q\/ () ~ ORfb(NRt--~ ]) 61--8 Gf{ I ;)---- . '''. I~~ DYE & DURHAM CO. UMITED F<lm1No.m . Province of _ Ontario Transfer/Deed of Land Fonn 1 - Land Regfstnlaon Reform Act, 1984 A (1) Reglltry 0 (3) Property ldentlfter(.) Land Titles IiJ (2) Page 1 of 2 Block Property pages Additional: t"hedUIe 0 (4) ConsIderMIon ('IoJ N I f , ~, ~ \~t,~\, ~, ..\\~ !A&iltional: i,~$ee i Schedule Nil (5) Deecrlptlon This is a: Property r.;'l Division ~ Dollars $ Property Consolidation 0 > ..J ~~ W .......... en ;:) r:- ~ N it r:- i" ,,,', ~ ~ Property Ider!ti~rs f! ';i'i:':~2'~ C'? N U) -' Part of Parcel 30-3, Section Con.3 Newcastle (Darlington) more particularly described as Part 1 Plan 40R-13828 in the Town of Newcastle Regional Municipality of Durham Land Titles Division of Durham (No.40) ,....... ....... o ~ en .. Additional: See 0 SchedUle (6) This (a) Redescription Document New Easement ContaIIns Plan/Sketch l(b) Schedule for: o j Description 0 Additional Parties D Other D (7) IntentstIE..... TrMSferred Fee Simple (8) TrMSferor(.) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that Name(s)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatuie(s) . . . . . . . . . " ............. CLARET INVESTMENTS LIMITED Per: .. "as 'to'a 50%" undivided "interest.............. .. .S:.Free.... REXGATE HOLDINGS LIMITED Per: ., 'as'to'a 50%' ~ndivided 'inte~~~t""""""" Whyte We have authority to bind the Corporation (9) Spouse(.) of Transferor(.) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M 0 j I " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . .l. . . l' . . . : ! ~ : : I i :: (10) T....steror(.) Add..... for Service (11) Transferee(.) 89 Connie Cres., Unit 2, Concord, Ontario, L4K lL3 Date of Birth Y M 0 : THE CORPORATION OF THE TOWN OF NEWCASTLE : I: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .:. . . 1 . . . l !! , " , " . . . . . . . . . . . . . . .. . . . . . .. . .. . . .. .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .J. . . i . . . , " 1 I: I :! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . .:. . . t . . . i ! f I !! (12) T....sfet'ee(.) ~ for ServIce 40 Tem erance Street, Bowmanville, Ontario, LlC 3A6 (13) T....Ieror(.) 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 i y 1 M. Do : Y ,M I 0 : I: I . I : ~ Signature. . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . .:. . . : . . .! Slgnature...........................l . . . . . .:. . . J . . . . SolIcItor for Tnlnsferor(.) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquirieS of the transferor ;J, to determine that this transfer dOes not contravene that section and baaed 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 _ Nameand 1 Y : M: 0 ~ Address of S' : :: (5 Solicitor 19nature. . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . .:. . . ., . . . . , - n i (14) SoIcIIor for T..IIIIrM(.) I have investigated the title to-this land and to abutting land where relevant and I am satisfied that the title records cl ~i ~ reveal no contravention 88 set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowiedQe and belief this ~ 1j-1l1ll transfer does not contravene section 49 of the Planning Act 1983. I act independentiy of the solicitor for the transferor(s) and I am an Ontario 'c !S I solicitor in good standing. j ~~ - Q. ~~:= Name and Date of Signature >c~e Address of Y M 0 ;~.! Solicitor i ~ S : en ignature. . . . . . . . . . . . . . . . . . . . . . . . . . '.' . . . . . (15) AI....ment Roll Number ofPropet'ty (11) Munlcfpll Address of Property Not assigned Cty. : Mun. Map-: Sub. t Par. i 18 i 17 010 1090 ! 237 ! 00 0000 Part (17) Document Prepared by: Robert Freedman DelZotto, Zorzi 4580 Dufferin St., Suite 600 City of North York, Onto M3H 5Zl >. ..J ~ Registration Fee w en ::J w o ii: 'II.. o la: 10 ;11.. Fees and Tax Land Transfer Tax ... TcUI 1Q.173 112/84\ \XMIAM CO. INC. . Form No. 500 , Amended 1"1 Affidavit of Residence and of Value of the Consideratio Form 1 - Land Transfer Tax A -3 '. c....." J../e? leA .... s S " Res ,? all instructiOns on ,.VflSS sids. IN ,c; MATTER OF THE CONVEYANCe OF (llWnbttefdtlft:tfpl#olllllland) ,~, c I oC."" ~ 1--1 'In. *... .,:_.. I.. '"f'f.) /l)~",~.... Ie ( It BY (printnarna oIlH"-'-1n full) C l",* ..*' f.. v , If" + ""'1~'" '1(' L .'.... ,'j, 4 i.. . ......, + r d ~ "'(f.- ~ Co f of. <II ,~ f 4l> ., &> '; ... -7 ~ ... t" G "t' 'nl~ CQrP9ration oft;he ,'l'CMn of Newcastle TO (_ instn,Ictlon 1 wid print _ of III ,_,.,... In fIJ/I) t t NighQlas T .Macos I. (_ ifl8trucllon 2 wid print f/IttU(.) In full) MAKE OATH AND SAY THAT: 1. I am (p/JI<>> . ~ IMI1c I/IIIIhin ItIe ~ ~ 11III .. of ItIe to/Iowtnfl parIfftJ/pha 11III dat:IflIa ItIe ~ of fit ~.>>: (... /nItIvcfIoft 2) o {al A person in trust for whom the htnd conveyed in the above<lescrlbad comeyance ia~ing Col'lVeyed; o (bJ A trustee named in the above-clescribad conveyance to whom the land is being conveyed; o lcl A transferee named in the above-describecl conveyance; /B'L ldl The authorized licitor acting in this transactiOn for (/nNn "**<') oI~ 'h Co.rporation O~ "'11:'5' 'Th..7n described in paragraphlsl lal. fbl. leI above; (tt* out""'" 10 ~ ~ o leI The President. V ice-President. Manager. Secretary. Oirector. or Treasurer authorized to act for (InIM~) III tIOI1JOIWI/on(l}) described in paragraphls) (al. lbl. leI above; (stI'iIce outlWferencea 10 ~ fW'(Jrap/f$} o (f) A transferee described in paragraph I I (IIWn onty.. of ~ (III. (bJ 01' (Q)...... .. ~ and am mek ing thia affidavit on my own behaH and on behalf of (IIWn _1lI~) who is my spouse described in paragraph ( ) (IIWn onty..1lI ~ (III. (bJ (/I/' (Q) .... ..~) and as such. I have personal It nowledge of the facts herein deposed to. 2. (To ~ complet<<l ""'e,. the value 01 the COIIliIkIeratIo for the amveyance ~ $4(J(J,000}. I have read and considered the definition of "single fam ily residence" set out in clause 1 I 11l;.) Of the Act. The land conveyed in tnt aboye-clescribed convey.nee o contains at least one and not more than two single family residel'lCes. Mnr. CIav.. 2t 1)(d) imposea an IdditiClnal tax at the l1Ita of one-half of on. par o does not contain a single family residence. cent upon the valUa of consideration In 8ltCllll of $400.000 where theCCl'l'IVey. o contains more than two single family residences. .. inItt'IJCtJt1n 3} enee contllns at Iftft one and not more than two lingle family r.ldances. 3. I have read and considered the definitions of "non.resident corporation" and "non.resk!ent per$Of'I" set ovt respectively in clauses 111 lit) and IgI of the Act and each of the follOWing persons to whom or in trvst for whom the land is being conveyed in the above-described conveyance is a "non.resident corporation" or a "nolW'esident person" as set out in the Act. .. iIIItl'III:lIoM 4 wid $) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (al Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $ 2.00 (01 Mortgages (i) Assumed (Ww ~ 1I1itJ...,.., 10 bUIWIlr.d~.mst pwr:/JIIH ptiot) ..... " $ ni 1 WI Given bac\( to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $ nil lcl Property transferred in exchange (deIaII HIaw) .. . . . . . . . . . . . . . . . . . . . . . . " $ l)i,l Idl Securities transferred to the value of (deIaII1HIIow) . . . . . . . . . . . . . . . . . . . . . . " $ n:i.:1 (e) Liens. legacies. anrnlities and maintenance charges to Wllich transfer is subject . . . . . " $ nj.1 Ifl Other valuable considerati9n subject to land transfer tax (fIItIiI HlawJ ............ $ nil All BIanka MII$I S. FIIItid In. inNI1 "Nil' IgI VALUE OF LANO. BUILDING. FIXTURES ANO GOOOWILL SUBJECT TO LAND TRANSFER TAX (Tqta/of(.}ro(fJJ ........................ $ 2.00 $ 2.00 (hI VALUe OF ALL CHATTELS - items of tangible personal property (RataII $ttIM T_ II "",.. (1fI 1M ... of IIIJ --- unIaI-.. -- nil the ptOlI/$IOnI of the "Rat.. $aIft Tu Act". R.8.0. 1_. Co...... .. anwntIfIdJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $ __ (j) Other consideration for transaction not included in 19) or (hI above ........................... $ nil (iI- TOTAL CONSIOERA TION .................................................. $ ~. QO 5. If consideration is nominal. describe relationShip between transferor and transferee and state purpose of conveyance. (Nt InttruCtlOn 6} .,.,,;~ i~ p ~n~f~r t-.o t-~ Mlln:idp;:=tJity pursuant; to ~ SUbdiviSiotl ~t. 6. If the consideration is nominal. is the land subject to any encumbrance? 7. Other remarks and ellplanations. if necessary. W/lft ~. Sworn before me at the City of 'Ioronto in the MLmicipali ty of Met:;opolitan 'forcntc this dd. l,.J day of fJ().tJfJv('cl~ 19~1i~ () /it~AJ4 ~ A CommiSSioner for taking Affidavits. etc. MICHAEL JOHN ANDERSON.. e...."'illi"".~ 6. fl.wlN6" e..1t. , ., erty Informatton Record while a atudent.at.law. For Land Registry Office Use Only Oescribe nature of instrument: ~:Auguat~. Regi$tralion No. Transfer of (j) Address of property being conveyed (It ~) unknown Oil Assessment Roll No. (If .......) not-. ~IRRi g1lAd Mailing addresslesl for future Notices of ASS8S$Tnent under the Assessment Act for property being conveyed (see inslr\lCtion 7) 40 ~~f'l1')n:o ~~t:. , ~Vi1J$, Ragi$ttati(lll Oat, ulld ~ Ofllce No. Orlta rio L1C 3A6 (i) R istration number for last conveyance of property be' conveyed 'If .vaiIabIe} ~ Pi, "'-/ - ~ IIgnalure(lI) NicQ~las T. Macos Prop A. B. C. D. eg mg Oi) Legal description of property conveyed: Same 8S iA 0.01 above. . E, Namelsl and addresslesl of eec,h transferee's solicitor Shibley' Ri~ton #1800 - 4Q ~S~eet rrhrnrlt-f') r ~t-llIri.o MSH ZZl School Tax Support (Voluntary EleclSon) See reverse for explanation (a) Are all indiVidual transferees Roman Catholic? Yeso No 0 (bl If Yes. do all individual transferees wish to be Roman Catholic Separate SchOOf Supporters? (C) Do an individual transferees have French Language Education RIghts? Yeso No 0 (d) II Yes. do all individual transferees wish to support the French Language SChool Board (Where establiShed)? YesD No 0 NOTE: As to (c) and (d) the land being tranefemId win be assigned to the French Public School Bo8rcI or sector ........ othetWile diAlCled In (a) and (b). ~ VesO NoD Not known Q9 YesD NoD 04490 (WoOl '..l,.""...'.. 11)~; ~ .. vi ~il :~ovince ~ Ontario Transfer/Deed of Land DYE & DURHAM CO. LIMITED Form No. 970 Fonn 1 - Land Registration Refonn Aet, 1984 A >- ..J Z o w en :;) w U u: u. o New Property Identifiers 0: o LL . <X:) ;--- 15 ::r _n N ~ ! Lf"J .tt 3- I ;.~ ;'-. I,.. 0- ~I '"") t'1 '('-I ;~ li~ c:.::,) I);; ("oJ 't.\;'[-';:::' .... I<~ N II'" > 1 ," !:':; \1.... \ ,'..' .,'t c:~.) i ;";'" 0 :fitlZ \"': '. i~ ~ 1llib: ~'ll \jJ 2: :;;;l:(,' (1 ) Registry ~ Land Titles D 1(2) Page 1 of ~4 pages (3) Property Block Property Identlfler(s) Additional: See 0 Schedule (4) Consideration One -------_._- Dollars $ 1.00 Additional: See Schedule (5) Description This is a: Property Property Division D Consolidation D Part of Lot 30, Concession 3, of the fonner Township of Darlington, in the County of Durham, now designated as Parts 1 and 2, Plan 40R-13797, in the Town of Newcastle, in the Regional Municipality of Durham. D TOGETHER with an easement over Part 4, Plan 40R-13797, as per attached additional covenants. Executions (6) This (a) Redescription Document New Easement Contains Plan/Sketch Additional: See 0 Schedule ! (b) Schedule for: o ; Description 0 I Additional Parties D Other 0 (7) Interest/Estate Transferred Fee Simple (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that I am not a spouse. . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . .. .. . .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. . .. .. .. .. .. . .. .. .. Date of Signature " . . . . .. . . . . .. . . . . . . . . . . . .. . . . . . . .............................................. Y M 0 Name(s) Signature(s) / ~ j ~ Ii' .~!.~~... ............................. ... .~~ #k:~..... L+??~!.+9IQ~ : :: WHEREAS WILLIAM HORBAN and ELSIE HORBAN held the within described lands as joint benant~ by! 'Iris'ti:i..urent . reg I'd as' No; 18512' on' .June '17 : '1947 i . AND 'WHEREAS . tne 'said WiLLIAM HOREM' dieql' On! oj:: aqput the 3rd day of April, 1977 without having severed the joint tenancy: AND wHEREAS! titlLe . to 'the' hEj.fe~ 'de'scribed prop'ert)T \res fed' iIi . the' said 'ELsiE 'HORBAN,' 'die 's'UiVi'vi'riej 'j~'liit' 'ttnan~'." . --r~<l/)+ 1X1:JC'A-th. i<<rj'/":Jk~s A~ /Ua"h37~9/J i !! ((9) Spouse(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M 0 i I. I I: i I t I, . . . . . . . . " .. . . . . . . . . . . . . . . . . . .. . . . 'j' . . . . 't' . . i' . . . i I I ~ . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Transferor(s) Address for Service (11) Transferee(s) 3053 Trulls Road, Courtice, Onto L1E 2Ll Date of Birth Y M 0 THE CORPORATION OF THE TOWN OF NEWCASTLE ! t i I :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 1 . . . . . "i. . . .1 . . . . i : i ! !: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .!. . . 1 . . 0.. ; i i . . . . .0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . J.. . . . . . i. . . 1 . . . . I t i I I' : ; i ..J c( z o t o f - .. ~ ~I~ .~ ~'~~ 2 El!!!,! .!l! !II- i: Q. b3.g:= x""e ii:.g,! <.Il '0 rn (12) Transferee(s) Address for Service 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 (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 , Y ,M, 0; : Y ,M I 0 I I:' I r I Signature. . . . . . . . . . . . . . . . . . . . . . . . .!. . . . . .:. . . 1 . . .! Signature...........................! . . . . . .;. . . J . . . . Solieltor for Transferor(s) I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries ofthe 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 Or,tario solicitor in good standing. Date of Signature Name and i Y 1M; 0 Address of . : I! Solicitor SIgnature. . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . .:. . . ., . . . . (14) SoUeltor for Transferee(s) I have i,:,vestigated the title to this..land and to a~utting land where relevant and I am satisfied that the title r~o~s reveal no contravention as set out In subclause 49 (21a) (c) (II) of the Planntng 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 i Signature, . . . . . . . . . . . . . . . . . . . . . . . . . j. . . . . . (15) Assessment Roll Number of Property (16) Municipal Address of Property not assigned I Cty. ! Mun. i ! , : Map I Sub. I I I I I . . I . Par. not assigned IllT ~ Z Registration Fee o w en ;:) .W U u: ,LL I~ fO lLfi Fees and Tax (17) Document Prepared by: Z. T. SALMERS, Q.C., SALMERS, STRIKE AND FURLONG, Barristers, etc., 55 William St. East, Box 209 OSHAWA, Ontario, L1H 7V4. Land Transfer Tax Total 11\171 (17/111) form t.J() 9'10 .~, ~, Tj ~""" Province ~ 01 ,..... Onlllrlo Schedule Form 5 - Land Reglstrallon Retonn Act, 1984 2 s Page AddUlona' Property Identlller(s) and/or Other Inlormallon 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 rear yard catch basins and storm sewers together with any and all appurtenancesr facilities and works (the "Works") as may be required from time to time in, across r 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, 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, aCJJoss, 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 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. :4'.> ~;..,J .L'Z .Lo O'U Xcn 0,;::) lJ,; qllt _h____'.-' OYE'OU~~tt:rmNo.liOO Affidavit of Residence and of Value of the Consideratic 'lilt Form 1 - Land Transfer Tax A 1..-; 'f,sYrHtg ~11,!~;gr fa:~~t=~~NCE OF (I/lMII~"""" Clt""" ftlt, -r ~ r-L #..f' } '0/ ,,~ ... $..1 W r ".1 ..~. ~4 . ~ 7~~"'d~ ftf 1/,.,I''''5/f~/ {t".,ylAfJ"f- ~..y.....,tI*:,~.1'<I"-( 1fIt.....fl'..I.t-'.., ~... {)...., (..1!."'Jr e-J..f,< .y,_....feJ ,I\.~ ,~,.""~ ~ /;/4.. '1Pt..)~ /117 BY (print,.",.. of .. II'MIfWln In lull) P ( 1', -~ f:./.,,. f, 40 "" ~ ~~Qt ~ ~ of ~t1e Jti.s$olM 'f. ~ TO _ /nIIIIIctflIII1 _ pttIIt ..... 01 all ,..,..... In AIII1 I, (_ IMtn1otion 2 .. pttIIt ~ In lull) MAKE OATH AND SAY THAT: 1. I am ~. cIaIIIlMdc MIh/IJ 1M IJqIIIIIe ~ ",., _ Clt 1M ff1IIt1w/n(J patIIQIIIpha ",., ~ 1M ~ of .. ~ _1nItM:t/oIl2J o (a) A person in trust for whom the land conveyed in the above-dl$Cribed conveyance is being COIWeyec:l; o (b) A trustee named in the above-dl$Cribed conveyance to whom the land is being conveyed; o (c) A tranlf..-ee nam<<l in the Ibove-described conveyance; rs (d) T6f~~licitor acting in this transaction for (I/lMIItIMII1{#J (1/ Irit..... '.the ~ti on of t~ ~ Clescrlbecl in Pltragrapi'lls) la), (b). (e) above;... 0lIf ""-- ., /ntI11PIft;abIa ~ o 'e) The p,..ident, Vice-President, Manqer , Secretary, Direc:tOl', or Treesurer authorized to act for (I/lMII--'(#J 01 CIlItJIllI___.J) described in pefllQfeph(s} (a), (b). (e) lIbove; __ 0lIf ___ to ",.".",. ~ o (f) A transferee described in ~( I (/nMIf" one (1/"""""~, till. (C,I"'. ......,., and am melI: lng this affideYit on my own behalf and on behalf of ",." _ (1/ tptIWI1J who is my spouse described in perllQfllPh , ) ",." _ _ of ,.,.,.". .. {ltJOI (4IJ ......1I/fIIIIIIIabIa ~.. 1loIet'l, I ~ per$ONI knowledge 01 the feets herem d8f)QSed to. 2. (To'" fIOIfIpI.-I..-. the.. of the ~Ior the ~ ~ ",PCIO). I have reed and COIl$idered the definition of "single famity residence" set out in clause 1 f1Hit) of the Act. The land conveyed in the above-describel:l conveyanee o contains at - one and not more than two single family residences. Not.: et.ua 2( '.(cQ IInposes m edditlonel tlX It the rate of one-haIf of one per o does not contain a single family residence. cent upon .... Niue of contideradon in IX~ of $400.000 where the convey, o contains more than two single family residences. .. /nIJIIul:tJon 3) anee contalllllt Ieest ON and not more then two single family ....id.nces. 3. I have read and considered the definitions of "non.resident torporat!on" and "noMesid.nt perton" set out respectively in clauses 1 (l)(n and (g) of the Act and each of the fOllOwing persons to whom or in trust for whom the land is being colWeyed in the above-descrbed conveyance is a "non.resident corporation" or a "noMesidenot person" as set out in the Act. (_lII8ttuc:IIcInI4 tIIId 5) l"lQne 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED ASFOt.LOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., $ ~. 00 (b) Mortgages Ii) A$SUmed ~ pt/n(:fJIII tIIId"".,.", III ba ClIId#IetI aQII/IIII ~"nc.) . . . . . .. $' nil Iii} Given back to vendor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ nil . 'I (cl Property tranlferred in exchange f*tIII baIowJ ............ . . . . . . . . . . . . .. $ 1")1._ (d) Securities transferred to the value of f*tIII baIow) . . . . . . . . . . . . . . . . . . . . . . .. $ l\i1 (e) Liens, legacies. annuities end maintenance charges to which transfer is subject . . . . . .. $ nil (f) Other v.luableconsideration subject to I8Ild transfer tax ... baIowJ ............ $ nil (g) VALUE Of LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO LAND TRAN$F!:R TAX (Tots/off.) eo (f}) ........................ $ 2,00 $ ~.OO (h) VALUE OF AI.1. CHATTELS. items of tangible personal property (FI.uiI."'" T. .,...'. ",.I/fIJUlloral__lIIf/tI#... -- $ '1'1; 1 1M ptOIIiaIona of 1M ",.."" ...... T. At:t", R.8.0. 11l1O. t:.4I4. _ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ue_ Ii) Other consideration for tr81'1Saction not Incl~ed in (0) or (h) above ........................... $ nil (j)TOTAL CONSIDeRATION .................................................. $ 2.QQ 5. If consideration is nominal. dl$Cribe relationship between transferor and transferee and state pUrPOSe of conveyance. _1MItuctIon S) 'T"d~ i~ a ~Afp.r in ~, ~mil'!;~l.i'ty wrs~t to. a SUl;ldivision ~t. 6. If the consicleration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanetions. if necessary. AllIIankJ Must .. Fm.dln. InuI1 "NN" ~ AppI/t:oINtI. Sworn before me ,at the City of 'Ioronto in the Municipality of Metropolitan 'forcntc this ,;}J..V'u1 day of tJo.AJ~l-t1\ ,~"~! ~~ } Ill,' /Ic,;p<'1 rf<L--- MICHAEL JOHN ANDERSON, a A Commissioner for takiftg Affidavits. etc. Commissioner. etc.. Province of Onlario. wllll\l. ISlnud...h.il-law. " Property Infortna$lon Record Expires: August 23,1994. For Land RegiStry Office Use Only A. Describe nature of Instrument: T.r~f~r of land. ~No. B. Ii) Address of property being conveyed (1/ ~ ~ Iii) Assessment Roll No. (hlf8/lelllJ uot ;;'Rti;l ~ C. Mailing addressees) for future Notices of Assessment under the Asseument Act for property being =nveyecl ,eee lnatrlolCtiori 7) 40 ~rRTll'!P- ~~t, ,~l.le, JlIegiIItIIionO... l.aI'I(I~OlbNo. ont~rio 1,le 3~6 o. Ii) Registration number for last conveyance of property bei colWe ed (1/""') ~ /A;. -7 ~- I/gnafuta(.) NiQbg1as T Ma~ ng y Iii) Legal descriPtion of property conveyed: Same 8S in D.(i) above. Yes 0 No 0 Not known [!Q e. Namels) and adclress(es) of each transferee's solicitor Shibley Rifton 118QO - 4Ql ~ Street 'I"n'!'rn"(~n, On+l!lrip M5H 2Z1 SchOOl tax Support (Voluntary Election) See '$Verse for explanation (a) Are alllndiYldual tlall$lerees Roman Catholic? YesD No D (b) If Yes. do atl inc/lvidual transferees wiSh to be Roman Catholic Sepalate School Supporters? YesD No D (e) Do all inc/lYidual transfer98S have French language Education Rights? YesD No 0 (d) . Yes. do all individutllr8nslerees wish to support the French languege School Board (where 8lll.abIished)? YesO No 0 NOT&: M to (c:) .. (d) ... land being ........... wID be aeeignlMIto ... FlVneh PuIlIc Sc:hoollloarcl or 8lICIOr ...... 0Ih8fwiI8 dIrecIed In (a) and (b). 04d0 (llH\ !j Province 01 Ontario Transfer/Deed of Land DYE & DURHAM co, liMn ED Form No. 970 ~. Fonn 1 - Land Registration Reform Act, 1984 A ...... ,--1 en M (1) Registry 0 (3) Property ! Identlner(s) ,i \,r~ (4),Conslderatlon \ a \'", ,i,"','! TWO---------------------------- 2 00 \\ i1i:: Dollars $ . \, I 3 (5) Description This is a: P~o.p~rty IV1 Propert.y. 0 t " , ' DIVIsion l.::.I Consolidation l"{ \ Land TIUes ~ (2) Page 1 of 2 pages > ..J Z o ~ ::l l.U o u:: u. o New Property Identifiers 0:: o u. -' Q :::r- C") to l..f) ..... !llf.,. l1i :;'i> w........ (~-~ l;:"" ~-' f.L"lt I;.if!) U> Block Property Additional: See D Schedule (\'!'l) ....... ~ CD N en ... p--" '" Parcel Plan ~ Section 40M - f 6 ~S Town of Newcastle, Regional Municipality of Durham, and being Blocks 19, 20 and 26, Plan 40M- ( Co <?' <(' Additional: See Schedule o Executions Additional: See 0 Schedule (6) This (a) Redescription (b) Schedule for: Document New Easement Contains Plan/Sketch [l Description 0 (7) Interest/Estate Transferred Additional Fee Simple Parties 0 Other 0 (8) Transferor(s) The transferor hereby transfers the land to the transferee nx~~illJltX!flst:Jli~~tt:1t!otxxxxx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ......... . Ghasem . . . . . . . . . . . . . . . . . . . . . . . . . W.e. .have. the. authori Date of Signature Y M 0 . . . . . . . . . . J . l\}\}l .!.U ! .ZQ . ent I :! .. .. .. . . . . . . .i. l\}9l .1.u i .ZQ President! !: . to .bind. the. . . j. . . . . .L . ~ i . . . Corporation : :' (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature y M 0 , , . ' , ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................................. 'f' . . . . . . . . l' . . . , ' t i (10) Transferor(s)Address for Service ,(11) Transferee(s) 5460 Yonge Street, Suite 212, North York, M2N 6K7. Date of Birth Y M 0 1 ; . . . . :ra.E .COR~Qll.A'rlQN. P.F. .'raE. l'.QWN . OF. NEW.CAS.'l'LE. . .. . . . .. . .. " . . . . . . . . . .1. .. . . .1.. .J.. .. , " ! ! i ! !! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . .,. . . I. . . . : : 1 , " . " ! ! i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . ..:. . . . . "J' . . I' . . . ! .! :(12) Transferee(s) Address. for Service 40 Temperance Street, Bowmanville, LIC 3A6. ..J c( ~ ~ I - (I) ~ ~I~ Wc~lll 'c ~~~ j ~.=f!l (L!! 0....: 00_'- .!g'* <C:QJ: '0 (/) (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 Y M 0 ,Y M 0 I I I I I I I I I I tiS' t ' I I Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . ~ . . . : Igna ure. . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . .:. . . .: . . . . 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 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 i M; 0 Address of . : : i Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . .'. . . .'. . . . (14) Solicitor for Transteree(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. . . . . . . . . . . . . . . . . . . . . . . . . . , , . , , , '. . . . . .!. . . .. . . . (15) Assessment Roll Number of Property (16) Municipal Address of Property not assigned Cty. Mun. Map I Sub.: Par. , , , ' , ' , ' not assigned >. ..J ~ Registration Fee w en ;:) w o u. u. o 10:: '0 u. Fees and Tax (17) Document Prepared by: Ronald R. M. Strike, Strike, Salmers & Furlong, Box 7, Bowmanville, Ll C 3K8 ( 416-623-5791) Land Transfer Tax ~6 -- H,'- T olaf 10173 (12/84) ~ arriC}- . Affidavit of Residence and of Value of ttfe Consideratior Form 1 - Land Transfer Tax Ac . t/lerer to all instructions on reverse side. IN THE MATTER OF THE CONVEYANCE OF (lnNl1bM'descriptioI'IoflMld) Part of Parcel Plan-I. Section 40M-1685 beinq Blocks 19. 20 and 26. Plan 40M-1685, 'I'a,m of NPwr.i'l!::t.lp-, Regional Municipali....y ('IT Durham DYE & DURHAM CO. INC. . Form No. 500 AlIleIldecI'lt, 8V (P/'IfIt nanw of /III ~ in tuII) 848601 Ontario Inc. '!he CC>rrx>ration of the TcMn of Newcastle TO (Me InMructIon 1 WId pIinl_ of .n ~ in fuIf) Nicholas T. Maces I. (Me iMInIl:tJon 2 WId pIinl "."..) in fuIf) MAKE OATH AND SAY THAT: 1. I am ~ a fllNr -'* w/1hIn ". IlJUlW ~ t/Iat _ d". following ,...",.. ",., dIIaI:tIbN ". capacf/y of". daponent(.)): (Me iIIJtJlJcIion 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 lcl A transferee named in the above-described conveyance; o (d) The authorized ~Iicitor acting in this transaction for ("-' '*Nt.) d ptIncIpaI(.)) 'nle COJ"[oration of th~ 'l"r'Lm of NI'OCA7t"'A!::t.1e described in paragraph(s) (al. (bl. (c) above; (air""'" ~ to ~~) o (e) The President, V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for ("-' "."..) d OOI'>>f#llJO,,,.)) described in paragraph(s) (al. (b), (c) above; (attllc..ut ___ to IMppIicabIe parag~) o (f) A transferee described in paragraph( ) (iJIsen only _ of paragtIIPh (II), (0) or (C) allow,,, appfICabIe) and am making this affidavit on my own behalf and on behalf of (1rtNrI_ of apowe) who is my spouse described in paragraph ( ) (lnN11 only _ of paragtIIPh (II), (rI) or (e) allow, .. applicable) and as such. I have personal knowledge of the facts herein deposed to. 2. (To be completed wtHHe the value of the oomrJderation for the ClOnweyance exceeds $400,000). I have read and considered the definition of "single family residence" set out in clause 1 (1) lia) of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. "".: CI_ 2( 1)(d) imJ)Ol8S an additional tax at tha rllte of ona-half of one per o does not contain a single family residence. cent upon tha value of consideration In _~ of $400,000 where the convay- o contains more than two single family residences. (_ iJlatrut:1ion 3) anee contains lit .... one and not mora than two lingle family r.ldences. 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. (_ iIIatnJctIons 4 WId 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . ., .......................... $ Ib)Mortgages (i) Assumed (~wpri~landlnlerNttobeCfflditfld.IMlputt;/Y..prit;e) ....... $ (ii) Given back to vendor . . . . . . . . . . , . . . . . . . . . . . . . . $ (c) Property transferred in exchange (detail t>>Iow) .. . . . . . . . . . . , . . . . . . . . . . . $ (d) Securities transferred to the value of (detail billow) .. . . . . . . . . . . . . . . . $ (e) Liens, legacies, annu ities and ma intenance charges to wh ich transfer is subject , , . . . .. $ (fl Other valuable consideration subject to land transfer tax (detail t>>Iow) .......... $ 2.00 nil nil nil nil nil nil All BIanIrs Must Be FIlled In. ',..11 'NII' (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) ...............,.... $ 2.00 $ 2.00 (h) VALUE OF ALL CHATTELS. items of tangible personal property (Ratail SaIft Tax Is payable on ". VIII~ of all t:MttN unies$ exempt UnMr nil ". prov/ajoM of". 'Retail Sales Tax Act', R.S.O. 1980, e.454, .. a_naed) . . . . . . . . . . . . . . . . . . . . . . , . $ (j) Other consideration for transaction not included in (g) or (h) above .................... $ nil (j) TOTAL CONSIDERATION .......,........,...................,............. $ 2.QQ 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ iMlruction 6) 'Thi!:: i!:: a Ff'ran!::fP-T t-.n thE" Municipality pursuant to a SUbdivision Agreement. 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. WIle,. Applicable. Sworn before me at the City of 'Ioronto in the Mmicipali ty of l-Etropo1i tan Torcntc this 13th day of February 19 92 \ ~_. ~- .?-,~ aigfllltUre(.) A. Describe nature of instrument: Transfer of !and 8. (i) Address of property being conveyed (If av/lllable) unknown For Land Registry Office Use Only Registration No, (ii) Assessment Roll No. (lfav/lllable) not: ,,"I!::~i gnE=rl C. Mailing addressees) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 40 ~r;mcp- S~t., J3a..Jmanville, CZ:1tirio L]C 3AG Registration Date I land Registry Office No. . D. iii Registration number for last conveyance of property being conveyed (If a""'/abIe) Iii) Legal description of property conveyed: Same as in D.1iI above. Ves D E. Name(s) end addressees) of each transferee's solicitor Shibley Righton #1800 - 401 Bay Street 'T'("l'r~r,""nr Ont-ario M5H 2Zl School Tax Support (Voluntary Election) See reverse for explanation (a) Are all mdlvldual transferees Roman Catholic? Yes D No D (b) If Yes, do all Individual transferees wish to be Roman Catholic Separate School S\Jpporters ? (c) Oo'all indiVidual transferees have French Language Education Rights? YesD No D (d) 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 Public School Board or Sector unless otherwise directed in (a) and (b). unknown No 0 Not known ~ YesD NoD 04490 (90-<)9 ,t../ <,-.f' ... ~'" ' Province of .. "'''''''' Ontario Transfer/Deed of Land DYE & DURHAM co, LIMITED Form No. 970 ...\....~ , Fonn 1 - Land Registration Reform Act, 1984 A (1) Registry 0 (3) Property IdentIfier( s) Land Titles Gl: 1(2) Page 1 of 2 Block Property pages ) ........~,. co H ~ J~ Qi; , '...... '\!ffoa "'\.", a,'" 1,0;: \, \,,',,','~ 1..~ t" \ Additional: See D Schedule ('>oJ c:;') :r C'? GO tJ") .- ,(\.. it Iili,:tc' ~,'IIf ~, tom (4) ConsIderation TW 0--------------------------- Dollars $ 2.00 (Ii) Description This is a: Property r;;\ Division ~ Property Consolidation 0 N ~ditional: See Schedule 0 Part of Parcel Plan -d;l Section 40M - ( , ~S Town of Newcastle. Regional Municipality of Durham and being Blocks 22. 23. 24 and 25. Plan 40M- ! Co y., ~ Executions (6) This (a) Redescription Document New Easement Contains Plan/Sketch Additional: See 0 Schedule : (b) Schedule for: Ii] ; Description 0 Additional Parties 0 Other 0 (7) Interest/Estate Transferred Fee Simple (8) Transferor(s) The transferor hereby transfers the land to the transferee ifi~njiitlti~fQliHJiilll!lltiClKiKMBill:illgtI1e~<XUmtxxxx Date of Signature Name(s) .. ..... Signatu~' .. 'f/, ~~.. ........... h99~ ! 1~ ! 2: .829633 .ONTARIO. INC.. . , . . . . , . , . . . . . f ~ '4fP ~........... l' . . . . ,!. . . : . , . ShalOK ~al ~ Ident!!: . . . , . .. ,....... .J.//lfIA1.( ., '" '.' . . . . . ~ .1~~l . .:.U : .~Q Ghasem V\7 ~c resIdent! I: .. .... We have' the' authority .to 'bind .the...1... , . '1'" i . Corporation. : i i (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 (11) Transferee(s) ~ ! i . . . . . . . ..... . . . ... . . .f. . . .!. 1 . . . I : I ; :! 5460 Yonge Street. Suite 212. North York. M2N 6K7. Date of Birth Y M 0 I , .' . THE CORPORATION. OF, .THE. TOWN 'OF' NEWOAS'TLE' .. .. ... . .. ......, ~ . ,. . .j. . , j. . . ! !! : :: . . . . . . . . . . . ... . . .. ..... l' ... .1. . . !. : i 1 ! !! . . . . . . . . . . . .. .. .. .. .. .. . . '1' . . .:. . . :. ! ; r : !: (12) Transferee(s) Address for Service 40 Temperance Street, Bowmanville. LIC 3A6. , (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the , Planning Act, 1983. Date of Signature Date of Signature ot Y.MID I Y ,MID ! : Ii. I :: Signature. . . . . . . . . . . . . . , . . . . . . . . . .:, . . , . .:. . . : . . .: Signature............,.........,....!".... :. . . ~ . . . 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 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 . : : i Solicitor Signature. . . . .. .. . . . . . . . . .' , . . . ! . ., . . ..J <( Z o ti: o I _ t) ~ '~~~~ c c'lii~ 'if~ :i <I> i .lil -as,,,--C Q. Ci.iS~ x....e iEg~ <(.!,/ <5 (/) (14) SoUcltor 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 (21al (c) (iil 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. . . . . . . .. ............ , , , . : l , , I. . . . . .!. . . .' . . . (15) Assessment Roll Number of Properly (10) Municipal Address of Pr.operty not assigned Cty. Mun. Map ! Sub. i Par. : , , , ! ! ! not assigned (17) Document Prepared by: Ronald R. M. Strike. Strike. Salmers & Furlong. Box 7. Bowmanville. L1 C 3K8 ( 416-623-5791) ~ _...:! -z o w en ::> w u u. u. o let '0 l':i Fees and Tax Registration Fee .Q6- Land Transfer Tax NI "-- Total 1n17~ /19/1141 ".' OYf , DURHAM CO INC. . Form No. 500 Amenclecl1"1 '!he Corporation of the 'I'cMn of Newcastle TO (_ Instruction 1 Met print ,.",.. 01., /rMSfeIwS In fulQ Nicholas T. Macos I. t- /nstructJon 2 Met prinl "."..) In full) MAKE OATH AND SAV THAT: 1. I am (~a cIHr maJt within /lie aq-. ~ lhaI_ oI/IIe foIIawintJ panQrIIphs lhaI de/JcIIbes /lie cepacI/y oI/IIe /IepDMnt(,)): .. instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (bl A trustee named in the above-described conveyance to whom the land is being conveyed; o (cl A transferee named in the above-described conveyance; o (d) The authorized ~Iicitor acting in this transaction for (/natHf '*Nf.) 01 print:IpaJ(.)) '!be Corror~ti on of t]-l~ '1\"'Lm of Newcastle described in paragraph(s) (a). (b). (c) above: ("".. out '*-10 Inapp/k:CIa ,.,.graphs) o (e) The President. Vice-President. Manager. Secretary, Director. or Treasurer authorized to act for (/natHf ".".,) 01 OOIpOfrtllOh(')) described in paragraph (s) (a). (b), (c) above; (strlka our '"'- 10 iMppIk:abIe ,.,.graphs) o (1) A transferee described in paragraph( ) (I""'" only_ oIpaI'IIgraph (a). (b) or (c) ......~) and am making this affidavit on my own behalf and on behalf of (/nNII- 0I~) who is my spouse described in paragraph ( ) (InN" only _ 01 paI'IIgraph (a), (b) or (c).... as applICable) and as such. I have personal knowledge of the facts herein deposed to. 2. (To be completed wtI.,. th. vaIw of th. considfntlon fot ttuI con....ya~ IIXcet1ds $4()O,OOO). I have read and considered the definition of "single family residence" set out in clause 1 (1 )(ial of the Act. The land conveyed in the above-described conveyance o contains at least one and not more than two single family residences. 1NtntI: Clause 2(1Hd) ImpoMS an additional tax at the rate of o,.half of one per o does not contain a single family residence. cent upon the value of con.leleratlon In IXCIIS of $400,000 where the convey- o contains more than two single family residences. (_ InstIllCliOn 3) anee contains at Ieut one and not more than two lingle family realdences, 3. I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 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 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ (b) Mortgages 0) Assumed (ww principal ana Inta,.., 10 be CffIdIted against purchsH priCe) . $ (ii) Given back to vendor . . . . . . . . . . . . . . . . . . . $ (c) Property transferred in exchange (detail below) ................... $ (d) Securities transferred to the value of (det/lil below) .. . . . . . . . . . . . . . . . $ (e) Liens. legacies. annuities and maintenance charges to which transfer is subject . . . $ (f) Other valuable consideration subject to land transfer tax (detail below) ........ $ 2.00 nil nil nil nil nil nil All 8iII1lb MUll S. FiJl<<1ln. Insert 'Nil' (g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Tota/of(a)to m) .................... $ 2,00 $ 2.00 (h) VALUE OF ALL CHATTE LS . items of tangible personal property (I'I.,all Sales rex Is".,.". on ",. value of all cMnels UIIIass exempt under nil !he prov/IiOfIs of 1M 'Ratail Sales rex Act'. R.S.O. 1NO, e.4S4. as amenrkKJ) . . . . . . . . . . . . . . . . . . . . . . . .. $ - (i) Other consideration for transaction not included in (g) or (h) above . . . . . . . . . . . . . . . . . .. $ nil (jI TOTAL CONSIDERATION ............................. .................... $ 2.00 5. If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. (_ instruction 6) 'Thi~ ;!:; a 'T'ran!:;fp-r to the Municipality pursuant to a SUbdivision 1\greenent. 6. If the consideration is nominal. is the land subject to any encumbrance? 7. Other remarks and explanations. if necessary. WIlere AppliCable. Sworn before me at the City of 'Toronto in the Muni,pipali ty of Metropolitan 'Torcntc th;, /.#'11::- ;gfi3;,tI,)'/U1'l 199A A Commissioner for taking Affidavits. e ~/ ? ~ aigna/ure(.) ----- Property Information Record A. Describe nature of instrument: Transfer of land B. Ii) Address of property being conveyed (II awiJabI8) unknown For Land Registry Office Use Only Registration No. (ii) Assessment Roll No. (/Ia'4lI""') not: ;:,!:;!:;ig;nP-ii C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) 4n ~rancp- St-..reet, Bowmanvil1e, Q::lt~ rio LlC 3~6 RegiStration Date Land RegiStry Offiee Nil, D. Ii) Registration number for last conveyance of property being conveyed (II available) (H) Legal description of property conveyed: Same as in D.(i) above. Yes D E. Name!s) and address(es) of each transferee's solicitor Shibley Righton #1800 - 401 Bav Street 'Th,'''C'mt-.or Ont-aria M5H 2z1 School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? YesD No D (b) If Yes do all individual transferees Wish to be Roman Catholic Separate School Supporters? (c) Do all Indlv.dualtransferees have FrenCh Language Education Rights? Yes D No D (d) If Yes, do all individual transferees Wish to support the French Language School Board (where established)? YesO No D NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or sector unless otherwise directed In (a) and (b). unk:ncMn. No 0 Not known gg YesD NoD 04490 (90-09) ~ Province of ...... Ontario Document General Fonn 4 - Land Reglstretlon Refonn Act, 1984 DYE & DURHAM CO. UMITED F<lm1 No. Il85 o (1) Registry 0 (3) Property Identifier( s) Land Titles IiU (2) Page 1 of 1 pages Block Property Additional: See 0 Schedule Q ....-f t- ~ N o r- w ~ t.n w o i! ,...., u. o -l a: f! (4) Nature of Document C) N POSTPONEMENT BY CHARGEE (5) Con.deratlon to ....... nil Dollars $ (6) Description Part of Parcel 30-3, Section Con -3 Newcastle (Darlington) more particularly described as Parts 1, 2, and 3,Plan 40R-13898 in the Town of Newcastle, Regional Municipality of Durham (\J N ~. - ....... ...- .\l;.#'-' .. New Property Identifiers Additional: See 0 Schedule Land Titles Division of Durham (No.40) PA~f Or- 1_<>1 3D (prJ 3 0E06Af\PNlC lV()J{\J{,Hlf 0;' OAf<UrJ6-1D.,J xecutlons Additional: See Schedule D (7) This Document Contains: (a) Redescription New Easement Plan/Sketch 1, (b) Schedule for: Additional D! Description 0 Parties 0 Other 0 (8) ThIs Document provides as follows: 1. The party set out in Box 10 of this document, being a Chargee of the lands described in the easement of which the instrument number is set out in Box 9 of this document, hereby consents to the granting of the rights and easements therein transferred, and hereby postpones its charge (the instrument number of which is also set out in Box 9 of this document) in favour thereof. 2. Power of Attorney registered on February 1, 1989 as Instrument No. LT 431210 in the Land Titles Office for the Land Titles Division of Durham (No.40). 3. The attorney states that to the best of the attorney's knowledge and belief, the power of attorney is still in full force and effect. 4. The attorney states that the attorney is at the time of execution of this instrument the holder of the office referred to below. Continued on Schedule D (9) This Document rata.. to Instrument number(s) Charge NO. 102052; Easement No. (10) Party(les) (Set out Status or Interest) Name(s) !.- T ~ 7 :l r ocr Signature(s) B.N.S. Document N'o; . . . . . . Approved f EXecution..: ....: Date of Signature y M 0 i :: : 1991: 1l!~. . .. . . , . . . . . : . . 0'" . . : ! I : ;! , '. , '. . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . ; . . ..:" . . 1\ssislantGeneral Manager j: j . . . . . ~Ef\L' EST1I.TI: CREDIT' . . . . . . . . . . . . . ! . . . . . : . . .!. . . I :: ! : i , , WAYN The Bank of Nova Scotia (Chargee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . by its attorney named opposite .~e.r.:. . . . . . . z,. (11) Addreu for Service 16th Floor, 44 King St. W., M5H lHl (12) P8rty(1..) (Set out Status or Interest) Name(s) Signature(s) Date of Si9natur~ Y M 0 THE CORPORATION OF THE TOWN OF NEWCASTLE . (Transferee)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . , , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . , . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . , , , . , , (13) Add..... rorServIce 40 Temperance St.t Bowmanville, Ontario, L1C 3A6 (14) Munlclpel Add..... of Property (15) Document Prepered by: Robert Freedman not assigned DelZotto, Zorzi 4580 Dufferin St., Suite 600 City of North York, Onto M3H 5Zl > ..J Z Registration Fee o w ~ w o it o a: f! Fees and Tax ...:rowl 1n1'7A I.."IDA\ ,~ ~ ~, l DYE & DURHAM CO. UMITED Form No. m { ( ~ Province of Ontario ""- Transfer/Deed of Land Fonn 1 - L.,d Reglstl'1ltlon Reform Act, 1984 A (1) Registry 0 (3) Property ldentlfler(s) Lend Titles IX] (2) Page 1 of g, Block Property pages Additional: t"hedUIe 0 > ..J Z o w en :) w o it.....,. '!; o N~froperty Idet!iers a: Ii,~, f! () en o t- ('\,J r- t...n C') ('\,J (4) ConsIderMIon Nil Dollars $ .....-1 0"> , Additional: See Schedule (5) Deecrlptlon This is a: Property 0 Property 0 Division Consolidation Part of Parcel 30-3, Section Con - 3 Newcastle (Darlington) more particularly described as Parts 1, 2 and 3 Plan 40R-13898 in the Town of Newcastle Regional Municipality of Durham 'r c.o .....-1 N N ......... ......... o Land Titles Division of Durham (No.40) fJAtV Of (OT 30 (ON 3 bc06RAfll/( 7lJwtJ$ RIP 0 f () AI( 0ltJfrW;j Executions Additional: See Schedule o (8) This (a)lWM4t~ (b) Schedule for: Document New Easement ConI8Ins ~ [] Description 0 (7) Interest/Estale TrMSterred Additional xl;et~ Parties 0 Other I]] Easement (8) TrMSferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that N8m8(S)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatuie(s) . . . . . . . . CLARET INVESTMENTS LIMITED Per: 'as'fo'a ~O%' Ihaivided .fnterest................ .... 'S: 'Fre' REXGATE HOLDINGS LIMITED 'as'fo'a ,O%'uhaivided .fncerest................ .Per: Date of Signature Y M 0 t j: ~' .o........~.t~n.i.Hil.r. a fi.. I : ~.... r Ai~;Q.t..... .j. 1m .HiM:. .. ... .. N. u .l,t.. .. .. L 1991 . HI J'. Whyte A. S . . ! : , ' , ' I : . J;>~:r; . . C. We have authorit to bind the Cor oration (9) Spouse{s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M 0 i . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .1. . . ~ . . . . I " I " I " : i! : I I (10) Tl'1II'Isferor(s) Addreu for Service (11) Transferee(s) 89 Connie Cres., Unit 2, Concord, Ontario, L4K lL3 Date of Birth Y M 0 : ~ i THE CORPORATION OF THE TOWN OF NEWCASTLE : ! I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . 0," . . j. . . . ! ! i ! ! i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 1 . . . . . .!. . . 1 . . . . ! !! i ! i . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. . .. .. . . 1 . . .. . . ..:. . . ~ . . . I ,I I I: I :: (12) Tl'1II'ISfeNe(s) AddNsa forServlce 40 Tem erance St. Bowmanville Ontario LlC 3A6 (13) T""""r(.) 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. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .! Signature...........................!......:... ~ . . . . Solicitor for Tl'MSferor(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 :i. 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 z and belief. this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature Q Nameand ! Y : M; 0 I; Address of . : :! (5 Solicitor SIgnature. . . . . . . . . . . . . . . . . . . . . . . . . . .! . . . . . .!. . . ., . . . . I _ ~ ~i~ ~ --12 'c DI I ~~! Name and .!S ~ l!! Address of ~~.! Solicitor ~ (14) SoIcIIor for TrwllllrM(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. Date of Signature Y M 0 Signature. . . . . . . . . . . . . . . . . . . . . . . . . . , , , , , , ",. . . . . . (15) __ment Roll Number of Properly (16) Municipal AddnIss of property Not assigned i Cty. 118 Mun. 17 Map! Sub.! Par. 010!090 1237 :00-0000 Part (17) Document PNpaNd by: Robert Freedman DelZotto, Zorzi 4580 Dufferin St.t Suite 600 City of North York, Onto M3H 5Zl ~ ~ Registration Fee w <I) ;:) w o u: u.. ,0 !a: !O Iu.. F... and Tax Land Transfer Tax ... Total 10173 (12/84) t . , ')VE & OURHAM CO \.1MrTS) =0'"" ~o 990 , LIrl Province ~V~ of ~ Ontario Schedule s Form 5 - L.nd Registration Refonn Act, 1984 '" Page AdcIItIoMI Property Idltntlfter(s) .miIor Othet InfonMtton w> 2..J lt~ Ow ~~ 1';1:-,,, 10178 (12/84) 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 sewer together with any and all appurtenances, facilities and works (the "Works") as may be required from time to time in, across, under and ttirough 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 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, renewed, altered, replaced or maintained is situate on the Lands provided the Transferee fills in all excavations and as far as practicable restores the surface to the condition existing prior to any entry thereon to exercise the rights thereby granted. 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 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 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. t, . ,O~'OUFlH,=,~;..~No.500 Affidavit of Residence and of Value of the Considaratic Form 1 - Land Transfer Tax A ~ I//e-c/3t?- ,-1 I If\ , 7,w;( 8 + AJ..., c.c.c y.../'f!' /4 ...f""'"" ( J'o(.....,. y.._I. ~ f-r!' BV (pr/nt,..",..ofall"-'-"ltlflllO... G (" ~c-l- {^" c .. 1" ,.,. ~ 0.\ -#-s (.. ~ 1'" . +.~ c/ ~....4 ~. ~ j"'oI-~ ,(~, A. ~_ ::........ ~..Id':'-')r t......l.+-~t/ ....C(A., +", Q I}&?,!. '''-''f''-#f+- _ TO ~ Instruction 11111d ptiIIt _ of alllI'aIIS'- IIIIu11J '!he COrPoraQOl1 of ~ ~ of Newcastle .. tij.~~ T. ~ I. ~ Insttut:1itIII R anti pt/IIt ~ IIIIu11J MAKE OATH AND SAY THAT: 1. I am ~.,..,.. wI/IIIn ". .,.,.,. oppw/ltI "., _ d". ft1Ik1wi1r(J,.,.".".. ",., d8llI1llU ". CIpId)I d ... ........,.. (IN 1ni1fructiG112) Dial A person in trust for whom the land conveyed In the above4etcribed conveyence is being co~; o Ibl A trvstee named in the above-descriqed conveyance to whom the land is being convev<<f; o leI A transf..... nemed In the above-descrlbed conveyance; El Idl Th~ft;~'jcitor aeting in this transaction for ~ IIMN(~ of ~ 1hQ ~t;O'1 of tlle'ltw' desc,1bed in Pltragrephlsl lal. 101. 1c:1 above;... __ ___ to ~,.,..",.,) o Ie} The President. Vice-President. Manager. Secretary. Director. or Treasurer euthorlziQ to act for ~ ~ tJf tJOiPOI"OIl('" described in PlN'lIlJfaph(sl (al. Ibl. Ie} above; __ __,.,.,.,.. to ____ ~ o If) A transferee described in paragraphl } (/nIMt onI1- of,.,."",. (. (bJ fII' (cJ.... ., I/f1PIItIIIl*J and am malt ing this affidavit on my own behelf and on behalf of (/Melt,.. d.-.) who is my 5POIJse described in paragraph I ) (//*It 0lIIy _ of /MRII1IIIPh c.I. (b) fII' (cJ.... .,~) and as such. I have personel knowledQe of the facts herein deposed to. 2. (To be compIeUId .,..,.. tile vaIw 01 tile COMIdtInfioll tot tile ~ exctHIds $400.000). I have reed andcol\sidered thedefinltion of ....ngle family residence" set out in clause 1 (1Ilja) of the Act. The land conveyed in the above-described conveyance o conte ins at lent one and not more than two single femily residences. NOf16: Clause 2{ 1)(d) Imposes UIlddltlonel tax It the nlte of one-helf of ona per o does not contain II single family resident.. cent upon the valu. of consideration In excess of $400.000 whw. the COIWIY- o conte ins more than two single femily residences. ~ ~ 3) anee contains at ... one and not more thUl two ..",I. family reside,,-. 3. I have read and considered the definitiom of "non-resident corporation" and "non-resident person" set out respectively in cfauS8S 1 111 If) and Igl of the Act and each of the following persons to wh<)m or in trust for whom the land is being conveyed in the above-describecl conveyance is a "non.resident corporation" or a "non-resident person" as set out in the Aet. ~ iIIIItNclIoIu 4 anti 61 none 4. THE TOTAL CONSIDERATtON FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: la) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ a. OQ (0) Mortgages (i) Assl.lmed (J!IW /IIitICtJIII-"".,.., to I>> CINItI/d I/(/IIItIaI ~ pt/OI) ....... $ ni l, (iI) Gi\/enback to vendor . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . .. $ 1)i1 leI Property transferred in exehange (de'" __) ...................... . . " $ ni ] Idl Securities transferred to the valve of (detaII11Q1w) . . . . . . . . . . . . . . . . . . . . . . " $ n;i.l Ie} Liens. legacies. U1nuities and maintenance charlJllS to which transfer' is subject, . . . . . " $ n;tJ.. If) Other valuable consideration SI,Ibject to land transfer tall (data/II>>/Qw) ............ $ nil Ig) VALUE OF LAND. BUILDING. FIXTU.FIES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (TDta/of(a}ro('}} ........................ $ 2.00 $ 2.00 Ih}VALUE OF ALL CHATTELS - items of tangible personal property ~ SaIN r. .. "."..,. CIft ... ... of .. ..." ... UMlPt UIIIW mJ. Ii) ==~-:t~"::~:;'~~':~'::'~;I~~'::::::::::::::::::::::::::: : ~1 1j)"TOTAL CONSIDERATION .................................................. $ 2.00 ti. If consideration is nominel. describe relationship between transferor and transferee and state pvrpose of conveyance. (.. Ntrur:tItm I) ~i~ i~ a Tral"u:;fp.-r in the ~C".,ipality pursuant to a Sl.lbdj.vision Agreement. ~ If the consideration is nominal. is the land subject to any encumbrance? 7. Other remarks and explanatiom. if necessary. All 8ifttfa ..., "- ""11I. Mtt "NIl" ~ ~. Sworn before meat the City of 'Joronto in the ~fipality of Metrqpolitan To:rcntt this ()dl, day of f\/D\j-(w.i..!~J'~/119 ~T Av;~ /111 ubCU' /i '7 /~ A CommiSSioner for taking Affidavits. etc. ~___~. ..I'CWall lOW" .&...--- · - Property Information Record Commissioner, etc.. PfoVIncI CIf 0nIIII0, Fot Land Registry Office Use Only while . student-at""". A. Describe nature of Instrument: 'n;~~9M. RegIStration No. B. (i) Address of property being conveyed (If .~J unJ.mown Iii) Assessment Roll No. (If~) nqf: ~RRi g:oFrl C. Mailing address!asl for future Notices of Assessment under the Assessment Act for property being conveyed (see II\SbvCtiOIl 7) 40 ~,...,~ Sfil;!et: , ~vil1~. Re;lsttllllon Dale Lend Aegls\ty O/Iice No. Q:lt~rio L] C' 3A6 Do, IilR istration number for last e anee of 0 t bei nv ad ..".,. ~ ~.J Ni~las T Macos eg onvey pr per V ng CO ey (If # (ill Legal description of property conveyed: Same as in D.li) above. VesO No 0 Not known gg E. Namelsl end ecIcIressles} of each t,ansferee's solicitor Shibley Rifton 1+800 - 40 , ~y $~~ 'Ih'l'T'lr....'O, C)'l.....qri 0 1'fS5 2Z1 School Tax Support (Voluntary ElectiOn) See f'8Ver&e for explanation !a; Are all indivlduallranslerees Roman Catholic? YesO No D !b) II Yes. do all individuallransferees wiSh to be Roman Catholic Separate SchOol Supporters? YesD No D (e) Do all indivi(luallransferees heve French Language Education Righls ? YasO No 0 (d) II Yes. do all individual tr"""'", wish to IIl.Ipport the French Language School Soard (where establishecl)? Yes 0 No 0 NOT&: As 10 (c) and (4 ... IItnd being hIISIerred wlI be -.Jgned 10 ... FnMlch PublIc SchDoI Bo8rd tit SectDt ..... oI1ltfwi8e dirIcted 1ft (a) and (1)). 040CID f\lOoO! Furm No tlti"ti I- 11\ 1 province ~.~ of ~ Ontaoo Document General Form 4 - Land Registration Reform Act, 1984 o (1) Registry 0 (3) ProperlY Identltler(s) Land Titles [}g (2) Page 1 of I pages Block Property Additional: See 0 Schedule >- ...J Z o UI en ::> w () u: u. o a: o u. :r C :::::r C":> ,00 U') l- ll.. ~, t.:\;:I if';;:' ~:i.l ,,-..... ~I (~~- all 'Lt "" ~ y~i",", " i.l'i; "\\~ \ \, i ;J ..... \'l (4) Nature of Document POSTPONEMENT OF CHARGE (Subsection 81 (6) of The Act) (5) Consideration C'l) ...... +- .....J Dollars $ N 0'> .. (6) Descrlpllon Part of Parcel Plan - ( Section 40M- I 0 ~ j being Part of Lots 1, 2, 7,8,11 and 12 and Part of Blocks 13 and 14, Plan 40M- ( c; 'i? <) Town of Newcastle, Regional Municipality of Durham being designated as Parts I, 2, 3, 4, 5, 6, 7 and 8 ; IS New Property Identifiers Additional: See 0 Schedule on Plan 40R- I "5 q ct tf Executions Additional: See Schedule o (7) This Document Contains: (a) Redescription New Easement Pia 'lIS ketch \ (b) Schedule for: o I Description 0 Additional Parties 0 Other 0 (8) This Document provides as follows: ROY AL BANK OF CANADA is the registered owner of the charge registered on May 30th, 1991, as A~M~Wr 829633 Ontario Inc. to the Royal Bank of )~~n.a~a charging the ~'~ ~)-;:'~p~", el . tl.o Land ~egi.try Office f<:. lhe Land Tlt\"" \'\ I ;UslOh of Dur~afR ( '.~ . i e 38 4 ~ 5ecLloh COll. 8 (Darlmgtml) 7 'F~-Of Neweastle. Reg'l8Ral MRftICIpohty of DtH l.al.. -:- 0f f;,f)82JYlE;N'f Hereby postpone Charge No. NL32773 to a transfer/in f~vour of : 19 The Corporation of the Town of Newcastle which was registered -No"'Qmb~ (66' / 1991, as No. L1 ~3CfG 3 ~ oj .. Continued on Schedule. 0 (9) This Document relates to Instrument number(s) NL32773 (10) Party(ies) (Set out Status or Interest) Name(s) l1583 Signat,ure(s) .__."~_._~.Q""- -r"'''''',;",~ Date of Signature .",..,....,_"- _- Y M 0 . " . . . . ~QYA~.. ~^~~(. .QI:' . ~^~~P~. . .. . . . . . . . . . . . ., ~l?E? . <?E?~ . ~;-~ . ~<?<?9':ll:l~. ~g;- ~ . 1 lQ!)I. . ! .1.1. 1. 4~ Na Title \;: . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . , . . . . . . ., t3tf~me"" ~ I .~gJ; 1 '. ~11rl' CQQt:r;ol! ~~~l. . : .1.1. \. 25 I have the authorIty to bmd the i ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., ..... . . . . . . : . . . .. .. ':' . . Bank ! I , , : ' (11) Address for Service (12) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature . .1HC. CotP.ORM ION. OF 1f(1)WiJGF tk;WCl.P1?6...... .t.v...: M. i." , " , " , " , " . " , " , " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .............................................. "0' . , ., , .' , " . .' . .' . .' , .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .........................................,.. .,. . . . " , ., . " . " , .' , ., ! I I (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: Ronald R. M. Strike, Str\ke, Salmers & Furlong, Box 7, Bowmanville, L1 C 3K8 ( 416-623-5791) Fees and Tax ~ Z Registration Fee o w en ::> w () it u. o a: o u. I d.S - Total '~, .... ~ ~ I-.!d ,province ~V~Of ~ Ontario Transfer/Deed of Land DYE & DllRHAM CO LIMITED Form No. 970 Fonn 1 - Land Registration Reform Act, 1984 A I C') <=> ::r C":I 0::.> tJ"') ,- L iti c t~ II:ld: f.t) L.t') (1) Registry 0 (3) Property ldentlfler(s) Land TItles [XJ 1(2) Page 1 of '3 Block Property pages 1 Q") ........ J~ \l ! , t!) \\\~ \ ~ oi , ..... \{ Additional: See 0 Schedule (4) Consideration C"'O ....... T W 0------------ -- ----------- Dollars $ 2.00 Additional: See Schedule ~) Description This is a: 6~~ir:ort,r IKI ~~r:,7i~ation 0 Part of Parcel Plan eft Section 40M - I ~ f{.j being Part of Lots 1, 2, 7, 8, 11 and 12 and Part of Blocks 13 and 14, Plan 40M- I ~ <'is' ., Town of Newcastle, Regional Municipality of Durham being designated as Parts 1, 2, 3, 4 5, 6, 7 and 8 on Plan 40R- I 3 <1 <:t c..f ""'" CD N (.'f') "" o Executions Additional: See 0 Schedule (6) This (a) Redescription : (b) ,Schedule for: Document New Easement . COntains Plan/Sketch [j; Description 0 Additional Parties 0 Other U4 (7) Interest/Estate Transferred IHlKSiMIlI<< Easement C(8)T'ransferor(s) The transferor hereby transfers the land to the transferee~~k_RtxjeX\llt~lIitMilI.tR!xJmUJ[llI'.!{/(n~xxxx '.0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . Si'g~~tureisj . . . . . . . . . . . . '1&ti l: ":'" 0: sl\'natu~ .. ~~~6.3.3 9~r!\.~~q ~~Q.. ............ 'Gh" .~.. liv~J~. . !o/d' .t' j.l~~l. .i.U.!'W ase '~ ~e- r~jdd€m :: ., ........... .S.... I/A~ 'l~~'.,........ . .1.9.9.1.1.U. 010 haro , )'fesldent ! .. ......... .W~ Aa:v:~ .t.n~ .alJtbof\ty, .t.o. .bind .the. ......J.. .1. ... Corporation. : i (9lSpejuse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M D i :: , " . . . . . . . . . .. ..................................!......!... 1 . . . . I : I : : i (10) Transferor(s) Address for Service (11) Transferee(s) 5460 Yonge Street, Suite 212, North York, M2N 6K7. Date of Birth Y M D , : I . I .THE. CORPORATIOIL OF. .'IHE. TOWN. .OF. NEWCAST.LE. . . . . . . . . . . . . . . . . . . . . . . .1. . . . . .L . . j. . . . ! ! i , " , " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . . . . .!. . . ! . . . . : :: : I: I :: . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./. . . . . '1' . . I. . . . , " I ; ~ I ~ I ~: (12) Tr8l1sferee(s) Address for Service 40 Temperance Street, Bowmanville, LlC 3A6. (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 Y M D ,Y M D I I I i I I I : : I : . I :: Signature. . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . ~ . . .: Signature...........................!...... :. . . ; . . . . 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 :i 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 Z and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature o Nameand ! Y 1 M; 0 .~ Address of . : :! o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .! . . . . . .'. . . .. . . . . I _ Q ,~ ~~~~ .Ei~lll c: E"'Sl i 'S.= ~ ~ v5.e~ '~g~ ~:!:1.c ~ (14) SoHcRor 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 D Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . , , , , , '. . . . . .!. . . .. . . . Not Assigned III >- ..J Z o w en ::::> w () LI- LI- o Ia: '0 h~ Fees and Tax Registration Fee ~- Land Transfer Tax '" II- - (15) Assessment Roll Number 01 Property (16) Municipal Address of Property Not Assigned Cty. Mun. Map i Sub. ! , ' . ' , . , ' Par. (17) Document Prepared by: Ronald R. M. Strike, Strike, Salmers & Furlong, Box 7, Bowmanville, LlC 3K8 (416 623-5791) Tolal ) 10173./12/841 , " "*., , .. ~ ) :DB 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 rear yard catch basins and 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, 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 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 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. Affidavit of Residence, jlnd of Value of the Consideration ~ rD a... . Form 1 - land Transfer Tax Act Refer to all instructions on reverse side. ' . IN T':'IE"7ATTE..-R OF ~HE CONVEYANCE OF (IIWrtbMfdeecrlptJDnofland) P~~t o~ p:~~e~ ~l~~ --{ S~;t~o~ .40M- "CO':l hp,ng Part: of T.Ot:!=i l, ?, 7, R, 1\,? t- ~lnt""k~ 4, 'Pl.''1r 40M- lo"6~ 'T'nwn nf T\ptA7t""a~t-lp, 'Rp'Jinn;:ll Mllni('ip~]jty of Dnrbcm de9jIJncted as BY (p#ntna-. ofll1ltr8nsMrors in full) R?C}fi:l3 ()nt:ari n Tnt"" 'P;:ITtS 1. " 1, 4, 1:\, 6, 7 &- 8 0n pl;:ln 40:&- 1..3 CfCi <( '!he COrporation of the Town of Newcastle DYE r: DURHAM co INC. .Fonn No. llOO Amended ,It, TO (_ InstructlDn 1 WId print _ of.1 ~ in full) I, (_ InIttuction 2 Ind print I18IlIlI(s) in fult} Nicholas T. Macos MAKE OATH AND SAY THAT: 1. I am (~a cIRt "** wItIIin 1M /IqfWe opposite 11IM _ of 1M foIk1wIn(/ ~ /Nt ~ 1M t:a(>>CIty of 1M tleptJMnt(S}): (_ JnatruetIon 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 ~licitor acting in this transaction for (IIIMtl ~s) of princlpaJ(s)) '!he C'orrxxr.ntioo Of' the 'JrLm of l'J4:lwt"o1'i~t1e described in paragraphls) (al. (bl. (c) above; (8trIIte 011I "*'-- to inI/ppIk:tIbIe paragraph.) o Ie) The President, Vice.President. Manager, Secretary, Director, or Treasurer authorized to act for (IIIMtl name(a) of IIOIJIOI8t/On(S}} described in paragraph(s) (al. Ibl. Ic) above; (__ 011I ~ to Npp/i(:abIe f>>r8fIrephs) o (f) A transferee described in paragraph( ) (/tWIt only _ of pat1Vaph (a), (b) 01 (c) 8bow, GappllcabIe) and am making this affidavit on my own behali and on behalf oi (IMert nama of~) who is my spouse described in paragraph ( ) (IIIMtl only _ of f>>r8fIrep/l (a), (b) 01 (c) 8bow, "l/PPIic8bIe) and as such. I have personal knowledge oi the facts herein deposed to. 2. (To be completed where the value of the oonsideratlon for the conwyance e1CCfled. $400,000). I have read and considered the deiinition of "single family residence" set out in clause 11') (ja) of the Act. The land conveyed in the above-described conveyance o conteinsat least one and not more than two single family residences. #IItne; CIIU. 2(1l1d) imposes an IICIditlonal tex at tha ,ete of one-half of one per o does not contain a single family residence. cent upon the value of consideration in excess of $400.000 where the convey. o contains more than two single family residences. (_instruction 3) anee contains et lust one and not more than two linale family raidaneG. 3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (9) of the Act and each oi the following persons to whom or in trust ior 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. (_ iMtruCtIons" and 5) none 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $ lb) Mortgages (i) Assumed (.w pr/ncf>aland in,.,.., ttI be Ctedltlld against purcha.. priCII) . . . . . .. $ (ii) Given back to vendor . . . . . . . . . . . . . , . . . . $ (c) Property transferred in exchange (detail below) .. . . . . . . . . . . . . . . . . . . $ Id) Securities transierred 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 transier tax (delailo.iow) ........ $ 2.00 nil nil nil nil nil nil All 8Ienks MUIIt IN Filled In. Insert "Nil" (g) VALUE OF LAND. BUILDING, FIXTURES ANO GOODWILL SUBJECT TO lAND TRANSFER TAX (Totalof(a)to(f)) .................... $ 2.00 $ 2.00 (h) VALUE OF ALL CHATTE LS . items of tangible personal property (Retail s..s Tax Is pa~ on 1M value of all chattelS unlass axampt unDer $ nil 1M ptOVIsion. of the "R.tall Sales Tax Act', R.S.O. 1980. c.4S4. .. atrHInded) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil (i) Other consideration for transaction not included in (g) or (h) above . . . . . . . . . . . . . . . . . . . . . . . .. $ __ (j) TOTAL CONSIDERATION .................................................. $ 2.00 5. If consideration is nominal, describe relationship between transferor and transieree and state purpose oi conveyance. (_Instruction 6) Thi~ i~ a 'T'ransf~r to thE! M1.micipality pursuant to a SUbdivisiOIl Agreement. 6. If the consideration is nominal, is the land subject to any encumbrance? 7. Other remarks and explanat ions, if necessary. ~ AppIIC8bI#. Sworn before me at the City of 'Toronto in the Muni"pipality of l-Etropo1itan, 'I'orcntc. thO / 3~_ resJ(~ 191';)'" ""7 ,/ 7--z aigfl6tuftl(S) Property Information Record A. Describe nature oi instrument: Transfer of Land B. 0) Address of property being conveyed (N allail.lble) unkncMn. For Land Registry Office Use Only Registration No. (ji) Assessment Roll No. (Nallail.lble) not: El~~:i g;ned C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed lsee instruction 7) 40 ~1";'lncp- Street, BcJ..Jmanvil1e, CDu rio r.1 ~ 3~6 RegistratiOn Date I Land Registry Office No. D. (j) Registration number for last conveyance of property being conveyed (lfallaiJe/a) Oil Legal description of property conveyed: Same as in D.lil above. Yes 0 E. Name(s) and address(es) of each transferee's solicitor Shibley Righton #1800 - 401 Bay Street 'Th'l"'l"'Td:n r (')?t-aTl.O M.C)H 2zl School Tax Support (Voluntary Election) See reverse for explanation (a) Are all indlVlduallransierees Roman Catholic? YesO No 0 (b) If Yes do all indiVidual transferees Wish 10 be Roman Catholic Separate School Supporters? (c) Do all Inolvldual translerees have French Language Education Rights? Yes 0 No 0 (d) If Yes: do all individuallranslerees wish 10 support the French Language School Board (where established)? Yes 0 No 0 NOTE: As to Ie) and Id) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b). ~ No 0 Not known gg YesO NoD 04490 (\10.09) .. Ul Province ~.~of ~ Ontario Document General Form 4 - Land Registration Refonn Act, 1984 ?:JCP3 DYE & DURHAM co. LIMITED Form No. 985 ~ "~" o (1) Registry 0 (3) Property Identifier( s) Land Titles XJ (2) Page 1 of;3 pages Block Property Additional: See 0 Schedule 'J- _I c..o Q (4) Nature of Document > ...J Z o w en ::l w U u: ~ a: o u.. Q:.l CD ::r c- C"'- U'1 >.......-f ......... AppUcation by Municipality for Inhibiting Order (Section 23) (5) Consideration M N NA Dollars $ (6) Description ........ en .. FIRSTLY: Part of Parcel Plan " , Section 4OM-/M'(, as to Blocks 19, 20 and 26, in the Town of Newcastle, Regional Municipaliw of Durham SECONDLY: Part of Parcel Plan , Section 4OM-l~C. as to Part of Lots 1, 2, 7, 8, 11,12, Blocks 22, 23, 24 and 25 and Part of Blocks 13 and 14 in the Town of Newcastle, Regional Municipality of Durham c.... ........ New Property Identifiers Additional: See 0 Schedule Executions Additional: See Schedule o (7) This Document Contains: (a) Redescription New Easement Plan/Sketch o (b) Schedule for: Description 0 Additional Parties 0 Other 0 (8) This Document provides as follows: Inhibiting Order Attached Continued on Schedule 0 (9) This Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 . ~. 7 . ~ i i/~ 1/7 By... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :199.1. . : . . .:. . . Nicholas T. Macos !! ! 1 : ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . .. ... !. . . : I ~ I , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . .. .. .t. . . : I . , : : : . , . .THE CORPORATION. OF. THE. TOWN. . . . . . . . . OF NEWCASTLE by its solicitors . . .SHlBLEY RIGHTON .per: Nicholas. . . . . . . . . . . . T. Macos (11) Address for Service (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 . . . . . , , 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . , , , . , .. 0'" . . , . , , , . , . . oJO . . , . . 'j . (13) Address for Service (14) MunicIpal Address of Property (15) Document Prepared by: > ..J Z Registration Fee o w en ::l w (J u: u.. o a: o u.. Fees and Tax not assigned Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos Total 10174 (12/84) , .. f/;H/J1J LAND TITLES Act Section 23 TO: ~PLICATlON BY MUNlCIPALI1Y FOR INHIBITING OJIDER. 1HE lAND REGISTRAR FOR 1HE lAND TITLES DIVISION OF DURHAM (NO. 40) I, Patti Barrie, Clerk of the Corporation of the Town of Newcastle hereby certify that 848601 ONTARIO INC. and 829633 ONTARIO INe. the registered owner of Part of Parcel3()..l, Section Con. 3, Newcastle (Darlington), being Part of Lot 30, Concession No.3, of the Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham designated as Part 3, on Plan 4OR-13783 Parcel 304, Section Con. 3, Newcastle (Darlington), being Part of Lot 30, Concession No. 3, of the Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham designated as Part 1, on Plan 10R-3604 and being the land laid out by a Plan of Subdivision dated November 5, 1991, prepared by R.S. Karpiel, an Ontario Land Surveyor, has not executed and is not under any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement affecting title to the said land in favour of the Corporation of the Town of Newcastle which has not been registered as of the date hereof except the following: Transfer in Fee Simple 0.3 meter reserves LOTS AND BLOC~ Blocks 22 to 26 in~ive Plan 40M- ((08'; Blocks 19 and 20......- Plan 4OM- (roflS Blocks 19 and 20 Plan 4OM-/b8S ./ TRANSFERS AND AGREEMENTS Transfer in fee simple Turning Circle Discharge of Charge (Charge No. 16232) Turning Circle Discharge of Charge (Charge No. Nl25037) Turning Circle Discharge of Charge (Charge No. NL32773) Turning Circle Discharg~ of Charge (Charge No. NI.25036) Turning Circle Transfer of Easement Rear Yard Catch Basins and Storm Sewers Blocks 19 and 20 Plan 4OM- /to'6S ../ Blocks 19 and 20 Plan 4OM- (~~ ./ Blocks 19 and 20 Plan 40M- /fo~t; Postponement of Charge (Charge No. NL32773) Rear Yard Catch Basins and Storm Sewers Part of Lots 1, 2, 7, 8, 11 12 and Part of Blocks 13 & 14 Plan 4OM- fA ~~ being Parts '1 to 8 inclusive Plan 40R- Part of Lots 1, 2, 7, 8, 11 jT::O~{t~ks 13 & 14 being Parts 1 to 8 inclusive Plan 4OR- ./ .. . ~ -2- PA-~~ {)1 J AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks until the Instruments mentioned/ ve have been registered. ~e(::;Em eo!!.. DATED at Newcastle this /ft,,71I day of ovember, Patti Oe Town of Newcastle I have authority to bind the Corporation SOLICITOR'S CERTIFICATE TO SUB-DIVISION AGREEMENT dated 20th day of Septmber , 1991. BETWEEN: 848601 ONTARIO INC. and 829633 ONTARIO INC. and THE CORPORATION OF THE TOWN OF NEWCASTLE Owners and ROY AL BANK OF CANADA, 72714 ONTARIO LIMITED, LAGES HOLDINGS INC., GINAEL HOLDINGS LIMITED AND CARL SCHWARZ. IN THE MATTER OF: An application by 848601 Ontario Inc. and 829633 Ontario Inc. for final approval of sub-division Agreement 18T-88067. I,. Ronald R. M. Strike, a solicitor of the Supreme Court of Ontario DO HEREBY CERTIFY that the above-named sub-dividers are owners in fee simple of the following Lands: (a) Part I on Plan lOR-3604, Town of Newcastle, Regional Municipality of Durham; (b) Part 3 of Plan 40R-13783, Town of Newcastle, Regiona,l Municipality of Durham. I further certify that there are no mortgages or other encumbrances upon the said lands or any part thereof save and except for the following: (a) A charge in favour of 727114 Ontario Limited as to one-half interest and Lages Holdings as to a 1/ 6th interest, Ginael Holdi ngs Limited as to a 1/6th interest and Carl Schwarz as to a 1/6th interest under instrument No. NL25036 and transfers thereof No. NL28194 and NL33494 and Order No. NL3l666; (b) A charge No. NL25037 in favour of The Royal Bank of Canada (c) A charge No. NL32773 in favour of Royal Bank of Canada (d) A charge No. 16232 in favour of Henri & Lina Lacroix and assigned by instrument No. LT570680 in favour of Royal Bank of Canada. I further certify that 848601 Ontario Inc. and 829633 Ontario Inc. are the Owners, as set out above, of the lands in Schedules E and F of the aforesaid sub-division agreement to be conveyed to ']he Corporation of the Town of Newcastle or over which easements are to be conveyed to the Region pursuant to said Schedules E and F free from all encumbrances save for the said mortgages mentioned above for which partial discharges or postponements are being obtained and registered. This Certificate is given by me to The Corporation of the Town of Newcastle for the purpose of having the said Town rely upon it and to act on it in approving and executing the Agreement for the said Plan 18T-88067. DA TED at Bowmanville, this 13th day of November, 1991. TO: THE CORPORATION OF THE TOWN OF NEWCASTLE. SOLICITOR'S CERTIFICATE TO SUB-DIVISION AGREEMENT dated 20th day of September. 1991. BETWEEN: 848601 ONTARIO INC., and 829633 ONTARIO INC. Owners and THE CORPORATION OF THE TOWN OF NEWCASTLE and ROYAL BANK OF CANADA, 72714 ONTARIO LIMITED, LAGES HOLDINGS INC. GINAEL HOLDINGS LIMITED and CARL SCHWARZ. w IN THE MATTER OF: An application by 848601 Ontario Inc. and 829633 Ontario Inc. for final approval of Sub-division Agreements No. 18T-89035 and 18T-88067. I, Ronald R. M. Strike, a solicitor of the Supreme Court of Ontario, DO HEREB Y CERTIFY that Elsie Horban is the owner in fee simple of the following lands: Part of Lot 30, Concession 3, former Township of Darlington, now part of the Town of Newcastle, Region of Durham, now designated as Parts I, 2, 3 and 4, Plan 40R-13797 and there is a transfer executed by the said Elsie Horban of Parts 1 and 2 and an easement over Part 4 to The Corporation of the Town of Newcastle in the possession and control of the Owners and said transfer to be delivered to The Corpo:ration of the Town of Newcastle upon the signing of said sub-division agreements. I fu:rther certify that there are no mortgages or other encumbrances upon the said lands or any part thereof save and except for the following: None I further certify that the said Elsie Horban is the Onwer as set out above of the lands described and which are to be conveyed to the said Town or over which easements are to be conveyed to the Region free from all encumbrances. This Certificate is given by me to The Corporation of the Town of Newcastle for the purpose of having the said Town rely upon it and to act on it in approving and executing the agreement for said Plan l8T-89035 and 18T-88067. DA TED at Bowmanville, this 13th day of November, 1991. Ronald R. M. Strike. TO: THE CORPORATION OF THE TOWN OF NEWCASTLE. "" ..,.. ~}~_(~t ;,;\ --;": , DELZOTTO, ZORZI SARRISTERS & SOLICITORS SUITE 600 4580 DUFFERIN STREET CITY OF NORTH YORK, ONTARIO M3H 521 TELEPHONE (416) 665.5555 FAX (416) 665-9653 I;:LVIO DELZOrro, a.c. EOWARD P. MICHELI STEVEN B. WEISS MAURIZIO ROMANIN NATALIE MARCONI PAUL NEUBAUER MARY G. CRITELLI GARFIELD R. MITCHELL BARBARA J. GORDON LEN EO E. SDAO HARRY HERSKOWITZ DAVID R. SPENCER ROBERT M. FREEDMAN JOSEPH MUCCI LORI R. TANEL COUNSEL: HOWARD E. KERBEL HERBERTB. NOBLE FRED J.T. ZORZI (1935-1983) November 21, 1991 VIA F~ and ORDINARY MAIL - (416) 623-0830 Town of Newcastle 40 Temperance Street Bowman'Ville, Ontario LlC 3A6 Attention: Lelal Department Dear Sirs: Re: Claret Investments Limited. and :kexgate Holdings Limited. Lands described. as Part of Lot 30, Concession 3 in the geographic Township of Darlington de5ignated. as Parts, 1, 2, 3, 4 and 5 on Reference Plan 10R-2042 (the "Real Property") Our File No. 74.933/91/RMF I wish to confirm that based upon my review of a copy of the parcel register for the Real Property at the Land Titles Division of Newcastle, I am of the opinion that the registered owners of the Real Property are Claret Investments Limited and Rexgate Holdings Limited each as to a 50% interest and that title to the Real Property is subject to the following additional items, namely: (a) A mortgage registered September 26,1979 as Instrument Number 96341 to and in favour of the Bank of Montreal securing the principal sum of $1,500,000.00; and (b) A mortgage registered February 13, 1991 as Instrument Number 102052 to and in favour of the Bank of Nova Scotia securing the principal sum of $250,000,000.00; "'" ~\, I' - 2- (c) A mortgage registered August 1, 1986 as Instrument Number 4640 to and in favour of the Canadian Imperial Bank of Commerce securing the principal sum of $2,500,000.00; (d) A Notice of Agreement registered December 23, 1985 as Instrument Number 3134 between Rexgate Holdings Limited and Claret Investments Limited and the Corporation of Town of Newcastle. RMFl1g t' ::r DYE" DURHAM CO LIMITEr Form No. 985 '" J..-,J..l Province ~.~ of ~ Ontario Document General Form 4 - Land Registration Refonn Act, 1984 o ~, (1) Registry 0 (3) Property Identifier( s) Land Titles KlI (2) Page 1 ofq 7 pages 1 Block Property , N % I > ....... m. ..J r- :~ ,.,... z 0 N :;: w """",.' en t'- "~'!i~. ::> ::' w () If) ::: u: ! 11. ;:, 2 0 I- a: 0 .........~ 11. Additional: See 0 Schedule (4) Nature of Document :r N Notice of Subdivision Agreement (Section 74 of the Act) (5) Consideration NA Dollars $ (0,..""" .......,.. " N N \~ - (6) Description FIRSTLY: Part of Parcel 30-1, Section Con. 3, Newcastle (Darlington) being part of Lot 30, Concession 3, Geographic Township of Darlington Town of Newcastle, Regional Municipality of Durham designated as Part 3 on Reference Plan 4OR-13783 and SECONDLY: Parcel 30-4, Section Con. 3, Newcastle, (Darlington) being part of Lot 30, Concession 3, Geographic Township of Darlington Town of Newcastle, Regional Municipality of Durham designated as Part 1 on Reference Plan lOR-3604 (7) This (a) Redescription i (b) Schedule for: Document New Easement: Additional Contains: PlanlSketch 0 i Description 0 Parties 0 Other 0 ~ ....... ~ en .. New Property Identifiers Additional: See 0 Schedule Executions Additional: ~~dule 0 (8) This Document provides a. follows: The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the land registered in the name of 848601 Ontario Inc. and 829633 Ontario Inc. as Part of Parcel 30-1 and Parcel 30-4, Section Con. 3, Newcastle (Darlington) and hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of Subdivision Agreement in the Register for the said Parcel. I (9) ThIs Document relates to Instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) Continued on Schedule 0 ) . . . THE. CORPORATlON Ol" .TIIE roW. . . . . . . . . OF NEWCASTLE by it solicitors . . . SHIBLEY RlGHTON per. Nidlolas . . . . . . . . . . . . T. Macos Signature(s) Date of Signature y M 0 . '. -..z, ? <' -' i 1991 llf 12 <. . Ni~h~la!" T ~ Macos' . . . . . . . . . . . . . . . . ! . . . . . 1 . . 'i' . . ! : i . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . '. . , . . '1' . . ! ! . . . . . . . . 0 . 0 . 0 . . . . .000.00.00000.0. ! . 0 . . 0 i 0 0 ol. 0 . ! i! ! ! i (11) Address for Service 40 TemDerance Street. Bowmanville. Ontario LIC 3A6 (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . . : : : : . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : f : : : : : (13) Address for Service not assigned Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos I Fees and Tax ~ ~ Registration Fee w en ::> w (.) u: 11. o a: f2 Total JI (14) Municipal Address of Property (15) Document Prepared by: 10174 (12/84) . . -.' Page 2 THIS AGREEMENT made in quintuplicate as of this 20th day of September, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - 848601 ONTARIO INC. and 829633 ONTARIO INC. - and - ROYAL BANK OF CANADA, 727114 ONTARIO LIMITED, LAGES HOLDINGS INC., GINAEL HOLDINGS LIMITED and CARL SCHWARZ SUBDIVISION AGREEMENT " " . . INDEX Page 3 ARTICLE 1. INTERPRETATION AND SCHEDULES ................... 7 1.1 Defmitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . · · . 7 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · .. 11 ARTICLE 2-. GE'NE.RAL ................... · · · · · · · · · · · · · · · · · · · · · · · 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 ............................... Copy of Plan and Agreements Required ...................... 'l'ransfer of Easements .................................. 'l'ransfer or unds . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Registration of 'l'ransCers Postponement oC Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charge on unds ...................................... Registration or Agreement .... · . · · · · · · · · · · · · · · · · · · · · · · · · · · Renegotiation and Amendment or Agreement .................. Town to Act Promptly .... · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Assignment or Agreement ................................ Replacement or Draft Plan with Final Plan(s) ................. Notification or Owner ................................... Successors ........................................... ARTICLE 3 - FINAN'CIAL . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ,) ;) · · · · · · · · 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.U 3.13 3.14 3.15 3.16 Payment of Tax-es ...................................... Payment oC Local Improvement Charges ..................... Payment or Drainage Charges ............................. Payment or Development Levies . · · · · · · · · · · · · · · · · · · · · · · · · · · · Cash in Lieu or Land Dedication · · · · · · · · · · · · · · · · · · · · · · · · · · · Performance Guarantee Required .......................... Use or Performance Guarantee ............................ Indemnification or Town ................................. Insurance . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Maintenance Guarantee Required .......................... Use of Maintenance Guarantee ............................ Requirements ror Release of Performance Guarantee Requirements for Release of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . Payment of Town's Costs. . . · · · · · · · · · · · · · · · . · · · · · · · · · · . · · . Unpaid Monies . . . . . · . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Occupancy Permit Deposit ............................... I U 12 12 U 13 14 14 14 14 15 15 16 16 17 17 18 18 18 18 18 18 l' 19 20 20 20 20 21 22 22 23 23 23 ARTICLE 4. PLANNING 4.1 4.1 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 " 4.12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'I'ree PresenratioD Plan .................................. Landscaping Plan and Landscaping Requirements .............. Use or u.nds ......................................... u.nds Unsuitable for Building Lands Requiring Site Plan Requirements for Building Permits ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model Homes ... . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · Architectural Control Standards ........................... Requirements for Sale of Lands . . . . . . . . . . . . . · · . · · · · · · · · · · · · Requirements for Occupancy Permit ........................ Cash in Ueu of Lands for Park or Other Public Recreational Purposes ...#......................................... 33 Special Conditions ..................................... 34 ARTICLE 5. PUBLIC WORKS .................................... 5.1 5.1 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 Town Works Required . . . . . . . . . . . . . · · . · · · · · · · · · · · · · · · · · · · Utilities and Services Required ............................ Olvn.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 TIme 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 ................... Ownership of Works by Town ............................. Requirements for Certificate of Release ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Page 4 25 25 25 27 27 27 27 30 31 31 32 36 36 36 36 36 37 37 38 38 38 38 41 41 41 41 42 42 42 43 44 44 46 46 47 47 48 48 I " Page 5 S:J,7 External Service ....................................... 4' 5.28 Financial Contributions for Certain External Works . . . . . . . . . . . .. 4' 5.2' Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . .. 50 ARTICLE It - COMPLIANCE WITII REGULATIONS ................... 50 ARTICLE 7 - RESPONSIBILI1Y OF SUBSEQUENT OWNERS .......... 50 ARTICLE 8 - TIME OF ESSENCE ................................ 50 ARTICLE , - AUTHORI1Y TO MAKE AGREEMENT ................ SO SCHEDULES TO AGREEMENT Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F' "Legal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Development Levies" "Transfers of Easements" "Lands to be Transferred to Town and/or Cash to be Paid in Lieu Tbereor "Works Required" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "External Service" "Financial Contributions for Certain External Works" "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" "Landscaping Plan" (reduction) "Requirements of Other Agencies" "Architectural Control Standards" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "0" Schedule "P" Sch~ule "P-}" \ Schedule "Q" . Schedule "R" Schedule "S" Schedule "lJ" Schedule "V" Schedule "W" " " Page 6 THIS AGREEMENT made in quintuplicate as of this 20th day of September, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the ''Town'') OF THE FIRST PART - and - 848601 ONTARIO INC. and 829633 ONTARIO INC. (hereinafter collectively called the "Owner") OF THE SECOND PART - and - ROYAL BANK OF CANADA, 727114 ONTARIO LIMITED, LAGES HOLDINGS INC., GINAEL HOLDINGS LIMITED and CARL SCHWARZ (hereinafter collectively called the "Mortgagees") OF THE THIRD PART WHEREAS A The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands"; B The Owner represents and warrants that, subject to Recital C, it is the registered Owner of the Lands in fee simple absolute; C The Owner represents and warrants that the Mortgagees are the only mortgagee or chargee of the Lands; D The Owner has received the approval of the Regional Municipality of Durham, (hereinafter called the "Region") to draft Plan of Subdivision 18T-88067 of the " Page 7 Lands subject to compliance with certain conditions thereto including the making of Subdivision Agreements with the Region and the Town, respectively; E The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and the Town, respectively~ for the making of the aforesaid Subdivision Agreements; F The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and Services"; G The Owner represents and warrants that it will enter into Agreements with the Region and the Town to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-88067; H This Agreement is made pursuant to the provisions of Subsection 50(6) of the Planning Act, 1983 and is authorized by By-law 91-138 passed on the 16th day of September, 1991; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1 - INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (b) "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. _/~_- .' " Page 8 (c) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (d) "Cecil Found Restoration" has the meaning assigned to it in Schedule "F' of this Agreement. (e) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. (t) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (g) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of this Agreement. (h) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (i) "Council" means The Council of the Corporation of the Town of Newcastle. G) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (k) "Development Charge By-law" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (I) "Development Levies" has the meaning assigned to it in Schedule "0" of this Agreement. (m) "Director" means the Director of Public Works of the Town of Newcastle or his designated representative. (n) "Director of Community Services" means the Director of Community Services of the Town of Newcastle or his designated representative. (0) "Director of Planning" means the Director of Planning and Development of the Town of Newcastle or his designated representative. (P) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. ,/ " (q) (r) (s) (t) (u) (v) (w) (x) Page 9 "External Service" has the meaning assigned to it in paragraph 5.27(1) of this Agreement. "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. "Hydrogeologist" has the meaning assigned to it in paragraph 520(1) of this Agreement. "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. "Lands~ has the meaning assigned to it in Recital A of this Agreement. "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this Agreement. "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (y) "Minister" means the Minister of Municipal Affairs, Ontario. (z) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (aa) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (bb) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(4) of this Agreement. (cc) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (dd) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (ee) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. / " Page 10 (ff) "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, (gg) "Owner's Engineer" means a professional Civil Engineer, registered by the Association of Professional Engineers of Ontario. (hh) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (ii) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (jj) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (kk) "Region" means the Corporation of the Regional Municipality of Durham. (ll) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (rom) "Services" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (nn) "SecuritY fm' the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (00) "Solicitor" means tbe Solicitor for the Town. (Pp) "Storm Sewer System" bas the meaning assigned to it in Schedule "G" of this Agreement. (qq) "Town" means The Corporation of the Town of Newcastle or any official, designated by Council to administer the terms of this Agreement. (rr) "Treasurer" means the Treasurer of the Town of Newcastle or his designated representative. (ss) "Tributary Stormwater Management Works" has the meaning assigned to it in Schedule "P-l" of this Agreement. I ~~ " Page 11 (tt) "Trulls Road Upgrading Work" has the meaning assigned to it in Schedule "p. 1" of this Agreement. (uu) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (vv) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (ww) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and the masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "0" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "Nil Schedule "0" Schedule "P" Schedule "P.l" "Legal Description of the Lands" "Plan of Subdivision (reduction)" "Charges Against the Lands" "Development Levies" "Transfers of Easements" "Lands to be Transferred to Town and/or Cash to be Paid in lieu Thereor "Works Required" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "External Service" "Financial Contnoutions for Certain External Works" Schedule "A" Schedule "B" Schedule "e" Schedule "0" Schedule "E" Schedule "F __ _, l .. .. ---( , ' " Page 12 Schedule "Q" Schedule "R" Schedule "S" Schedule "T' Schedule "U" Schedule "V' Schedule "W' "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" "Tree Preservation Plan" "landscaping Plan" (reduction) "Requirements of Other Agencies" "Architectural Control Standards" ARTICLE 2. GENERAL 2.1 Recitals in Operative Part of Aveement The Owner represents and warrants to the Town that each of Recitals A to G of this Agreement is correct. 2.2 Certification of Ownership (1) On the execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the said Lands and setting out the names of all persons having interests in the said Lands and the nature of their interests. (2) On the execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of any land outside the limits .of the said Lands, which is to be conveyed to the Town or in which easements are to be transferred to the Town pursuant to the terms of this Agreement. 2.3 Copy or Plan and Azreements Required On the execution of this Agreement, the Owner shall provide tbe Town with as many copies as the Town requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in Schedule "B" attached hereto. The Owner shall also furnish to the Town at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between tbe Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and Agreement has been executed by the Parties thereto at the time of the execution of this Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall - ~ I " Page 13 provide the Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the afOi'~said Agreement executed by the Region and the Owner forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Town with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. 2.4 Transfer of Easements (1) On tbe execution of this Agreement, the Owner, at its cost, shall deliver to the Town the executed transfers of easements which are set out in Schedule "E" and shall pay to the Town in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building permit(s) for building(s) proposed to be constmcted on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company for Town purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) fortbwith after a written request to do so is given to it by tbe Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric 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) I " Page 14 2.5 Transfer of Lands On the execution of this Agreement, the Owner shall deliver to the Town executed transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "F hereto and shall pay to the Town in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Reiistration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the registered number of the Plan shall be left blank and the Owner hereby authorizes the Town to insert such Plan number after registration of the Plan. 2.7 Postponement of Mort2a~es The Mortgagees hereby postpone their mortgages to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgages. In the event that (1) any of the Mortgagees obtair~ an order of foreclosure against the Owner, (2) any of the Mortgagees directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under any of the mortgages, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Town, each of the Mortgagees at its or their 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 Mortgagees and to deliver the same to the Town.u 2.8 Char2e on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. ; ,\ Page 15 2.9 R~~stration of A:reement The Owner and the Mortgagees hereby consent to the registration of this Agreement or a notice thereof against the title to the Lands. Neither the Owner nor the Mortgagees will register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished hereunder have first been registered against the title to the Lands or the appropriate portiones) thereof, as the case may be. Without derogating from the foregoing, the Owner and the Mortgagees also hereby consent to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portiones) thereof as the case may be in order to give further effect to the foregoing and acknowledge that the Town has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.10 Rene2otiation and Amendment of Aveement (1) Following the occurrence of any of the events set out below in this paragraph 2.10 (the "Renegotiation Events"), the Town may give written notice to the Owner requiring that particular provisions of this Agreement specified in the notice shall be renegotiated and, if necessary amended by the Parties. No later than the expiry of the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Town considers to be substantially different from the 40M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Town, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or r ,\ Page 16 (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement, the Owner and the Town will renegotiate the same in good faith and with expedition. In the event that the renegotiation has not been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which the notice requiring the renegotiation is given as aforesaid, at any time thereafter the Town may give the Owner written notice declaring this Agreement to be terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Town declaring it to be terminated in accordance with paragraph 2.10(1), none of the Parties hereto may make any claim against the Town for damages for any loss or cost or make any claim against the Town for compensation in respect of any of the Works, whether located in whole or in part on land in which the Town has an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this Agreement will survive the termination of this Agreement pursuant to paragraph 2.10(1) and paragraphs 3.8,5.17,5.19,5.20 and 5.21 and Article 7 of this Agreement shall continue to bind the Owner and may be enforced by the Town in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.10(1) from time to time b:/ mutual agreement, the Parties hereto may amend the terms of this Agreement and any of the Schedules, but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each Party. 2.11 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 opinion, or give confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization, permission or approval shall be made promptly in all respects and the Town and its officials shall act reasonably. 2.12 Assi~ment of Aueement 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 J~ " Page 17 does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement. 2.13 Replacement of Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-88067 has been approved by the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and street(s) shown on such red-lined draft Plan of Subdivision. The 40M Plan proposed by the Owner is also contained in Schedule "B". (2) On a final Plan of Subdivision implementing Plan 18T-88067 approved pursuant to the Planning Act, 1983 being registered against the title to anyone (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 18T-88067 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Schedules "B", "E", "F, "G", "Nil, "0", lip" and "Q", in order to replace the descriptions and references to the red- lined draft Plan of Subdivision 18T-88067 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 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 mailed by first class prepaid post or delivered to: The Owner: Delbert Development Corporation 5460 Y onge Street, Suite 212 North York, Ontario M2N 6K7 or such other address of which the Owner has notified the Town in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 2.15 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. _,1 . ( " Page 18 ARTICLE 3. FINANCIAL 3.1 Payment or 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 nc' 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 or Local Improvement Charaes Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule nc' hereto. Such charges shall include the Town's share of any local improvements which seIVe the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 Payment or Draina:e Charves Prior to the date of the execution of this Agreement, the Owner shall pay all drainage charges assessed under the Drainage Act, R.S.O. 1980, c.126, and the Tile Drainage Act, R.S.O. 1980, c.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 Payment or Development Levies The Owner shall pay all "Development Levies" (as defined in Schedule "0") in the amounts and at the times set out in Schedule "0" hereto. For greater certainty, prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, the Owner shall pay all remaining Development Levies assessed against such lot(s) or block(s). (2) Without derogating from paragraphs 5.27(3), 5.28 and 5.29, the Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4(1) and Schedules "0", "G", lip" 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 r " .. Page 19 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 shall not be used as a justification for or the basis of granting the Owner a credit of any amount in determining the development charge payable by the Owner under such By-law and Act. Further, it is understood and agreed by the Parties, that the Owner's agreement to pay Development levies pursuant to paragraph 3.4(1) and Schedule "0" in respect of the development of the Lands or any part thereof is not intended by the Parties and shall not have the effect of limiting the Owner's obligation to pay only that portion of the development charge otherwise imposed which is not in excess of the amount of the Development levies on the date of issuance of any building permit under the Ontario Building Code Act for a dwelling(s) proposed to be constructed on the Lands that would have been payable under paragraph 3.4(1) and Schedule "0" if the Town had not passed a Development Charge By-law. 3.5 Cash in Lieu of Land Dedication On the execution of this Agreement, the Owner shall pay the Town the cash payment in lieu of dedication of lands as set out in Schedule "F' hereto. 3.6 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 and the performance of the Owner's obligations under paragraph 5.13(2). Such cash deposit or letter of credit shall be in an amount equal to the "Works Cost Estimate" with respect to the lands for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an 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 and other provisions of this Agreement are 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) determined by the Director, which in aggregate shall not exceed the amount(s) required to remedy the Owner's default at the date of the appropriation. Forthwith after making each such appropriation, the Director , J .' Page 20 shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount(s) required by this Agreement. 3.8 Indemnification of Town (1) The Owner shall defend, indemnify and save the Town harmless from and against all actions, claims, liabilities, losses, damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction, and/or installation of the Works provided for in this Agreement. (2) The Owner shall continue to indemnify and save harmless the Town as provided in paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the Owner and notwithstanding any arrangements that may be made by the Town with any person respecting any of the matters indemnified against under this Agreement. (3) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Town to do or refrain from doing any act or making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to 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 will deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security / .. " Page 21 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 "J" 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 W orIes or component thereof and appropriate the whole or any part of the Security for the Maintenance Guarantee as is necessary to indemnify the Town in respect of the cost of doing so. (3) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works covered by the Certificate of Completion referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (1) "Storm Sewer System" (as hereafter defined) includini the Storm Sewer Work: a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for the Storm Sewer System and terminating on the date of issuance of the Certificate of Acceptance for the Storm Sewer System. (2) Roads and Above Ground Services; a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for the Roads and Above Ground Services and terminating on the date of issuance of the Certificate of Acceptance for the Roads and Above Ground Services. (3) "Water Duality Work" (as hereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for this Work and terminating on the date of issuance of the Certificate of Acceptance of the Water Quality Work. 3.11 J,Jse or 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. / tI " Page 22 3.U Requirements for Release of Perfonnance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is to an amount equal to the value of the uncompleted Works and the other facilities and improvements, as determined by the Director, plus fifteen (15%) percent of the value of the completed Works, facilities and services, also determined by the Director having regard to the Progress Certificate prepared by the Owner's Engineer in respect of the completed Works if such has been submitted to the Town by the Owner. (2) The Owner will not require the Town to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) a Certificate of Completion has been issued for the Works for which such Performance Guarantee is required under this Agreement; (b) the Owner has deposited with the Town, the Maintenance Guarantee applying to the Works for which the Performance Guarantee was required; and (c) the Town is satisfied that in respect of the construction and installation of the W oiks 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. 2 " " Page 23 3.14 Payment or Town's Costs . (1) On the execution of this Agreement the Owner shall reimburse the Town for all reasonable, legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement and the reasonable cost of all legal services contemplated by the terms of this Agreement, which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate( s) of Release, provided that services have actually been performed for the Town. (2) 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. (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 Occupancy Permit Deposit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner shall deposit with the Town an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act acceptable to the Town's Treasurer, in the amount of ten thousand ($10,000.00) dollars (the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Town that occupancy of any dwelling(s) on the Lands will not take place before an "Occupancy Permit" (defined in I " Page 24 paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. Tbe letter of credit shall contain terms satisfactory to the Town's Treasurer. In the event that occupancy of dwelling(s) occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Town to comply with the requirements of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the event that the Town so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it is given written notice of the amount of the appropriation, the Owner shall restore the Occupancy Permit Deposit to the full amount of ten thousand ($10,000.00) dollars. Tbe Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner at such time as the last dwelling which may be constructed on the Lands is permitted to be occupied pursuant to an Occupancy Permit. If a letter of credit is deposited as the Occupancy Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 40M Plan contained in Schedule "B" to replace the letter of credit from time to time, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following any such permitted replacement of a letter of credit, the Town will return the replaced letter of credit to the Owner or to the person for whom it was issued, as may be appropriate. (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the following "Occupancy Permit Scale" of the Town which is current on the date of execution of this Agreement: up to 50 lots 51 to 100 lots 101 to 250 lots 251 to 500 lots over 500 lots $10,000.00 $15,000.00 $20,000.00 $30,000.00 $50,000.00 The Owner agrees with the Town that the Town in its discretion may amend its Occupancy Permit Scale from time to time. ARTICLE 4 - PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director of Planning of a plan for the preservation of trees on the said Lands (the .Tree Preservation Plan") which shows: / _L_ Page 25 (a) the location and approximate size of all existing trees over 30.5 em in circumference at 15 m above the ground; and (b) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. (2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy or damage any tree existing at the date of this Agreement. No existing tree shall be removed until the Tree Preservation Plan is approved by the Director of Planning and thereafter an existing tree may be removed only if permitted by the Tree Preservation Plan. The Owner agrees to comply with the approved Tree Preservation Plan. In the event that any tree required to be preserved by the approved Tree Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall replace that tree with a tree of a height, calliper and species as determined by the Director of Planning in his discretion. (3) The Parties acknowledge that the approved Tree Preservation Plan for the purposes 'Of this Agreement is the Tree Preservation Plan contained in Schedule T. 4.2 Landscapin2 Plan and Landscapin2 Reguirements (1) Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a "Landscaping Plan" (as hereinafter defined). (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning and the Director of Public Works. The landscape architect shall prepare a draft landscaping plan showing, amongst other things, boulevard road areas and vegetation, and trees to be planted thereon. The draft landscaping plan shall conform with and implement the Town's landscaping design criteria, as amended from time to time and the provisions of this Agreement. When the draft landscaping plan has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for the purposes of this Agreement. (4) The Owner agrees that its cost to satisfy the following requirements: I Page 26 (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded/seeded, as may be required by the Director of Planning, within one (1) year of occupancy of the dwellings; (b) a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); (c) all trees shall be a minimum of three point five (35) m in height and six (6) em in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; (e) fencing, other than noise fencing the height of which is specified in paragraph 4.12(4) shall have a minimum height of one point eight (1.8) metres. Chain- link fencing is not permitted except in areas abutting walkways and then only in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; and (f) where wood fencing is proposed, it must be constructed either of pressure treated wood or wood of equivalent longevity in the opinion of the Director of Planning. (5) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan expeditiously during il the construction of dwellings on the Lands. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Town at the Owner's cost. Without limiting the Town's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Town that the Town may appropriate a portion of the Performance Guarantee to indemnify the Town in respect of the cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. Forthwith, after the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to the amount required by this Agreement. 4.3 Use of Lands The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63, as amended from time to time. _i Page 27 4.4 Lands Unsuitable for Buildin, The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s) until the conditions set out in Schedule"N" for such lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Lands ReQuirin~ Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot(s) or block(s) under Section 40 of the Planning Act, 1983, provided that any application for a building permit shall comply in all respects with the terms of the said Site Plan Agreement and all applicable laws. 4.6 Requirements for Buildine Permits The execution of this Agreement by the Town, the approval by the Town of the 40M Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Town to any person, nor sball be taken t[\ give any assurance to the Owner or to any other person that building permits for buildings proposed to be constructed on any portion of the Lands when applied for, will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause or permit an application to be made by any person for a building permit for a building proposed to be constructed on any of the Lands, made until the following requirements are satisfied: (a) all easements for the purposes of tbe Town, tbe Region of Durbam or tbe Newcastle Hydro-Electric Commission or for tbe purpose of Utilities and Services referred to in Schedule "H", or for the purpose of drainage in the lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to the appropriate person as required by tbis Agreement; (b) all the roads which are required to be constructed to provide access to tbe proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written ____~ J .' Page 28 approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s); ( c) all of the Wodes required to be constructed and installed under road( s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director; (d) all of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Newcastle Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Town has received written confirmation from such Commission, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it or they may draw to payor to reimburse itself (themselves) in respect of the costs of the design, construction and installation of such Utilities and Services if the Owner fails to construct and install them; (e) the Owner has provided the Director of Planning with a paper draft of the registered Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning with a mylar copy of such registered Plan of Subdivision forthwith after it is made available to the Owner by the Land Registry Office); (f) the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s) or block(s) for which application is made for a building permit; (g) the Owner has deposited with the Town the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing; (h) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions with respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement; (i) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the development of such 10t(s) or block(s) in accordance with paragraph 4.5 of this Agreement; L Page 29 (j) the Performance Guarantee and in all cases required by this Agreement, the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Town and are in good standing; (k) the applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular 10t(s) or block(s) as well as with the Town's Design Criteria and Standard Detail Drawings; (1) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, N eighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands; (m) (i) the Owner has constructed access routes to the subdivision in satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced; (ll) the Owner has agreed with the Town that during construction of the building pursuant to the building permits which have been applied for fire access routes will be maintained continuously as required by Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste will be maintained in accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open burning will not occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code; (ill) the Owner has agreed with the Town to comply with the Ontario Fire Code with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning (Subsection 2.6.3.4); (iv) the Owner has agreed with the Town to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto Home Builder's Association in respect of construction of dwellings; I Page 30 (n) the Owner has provided written confirmation that all dwelling(s) to be erected on the Lands in which the 10t(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "W" hereto; and (0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Model Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the Lands, provided that: (a) each such application is in conformity with all By-laws of the Town, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Town as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this Agreement. (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Town's Fire Chief. (3) Any model home(s) constructed on the Lands shall be used for sales display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. If such model home(s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Town may have under this Agreement, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. , Page 31 (4) The Owner understands and agrees with the Town that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Town harmless and indemnify the Town from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees, which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 Architectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "W' hereto. 4.9 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 a lot(s) or block(s) shown on the Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser an enforceable covenant made directly with the Town by which such purchaser agrees with the Town, that prior to the issuance of a building permit for a building on the land in question, he will deliver to the Town, the Newcastle Hydro-Electric Commission, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Town, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefor is given to the Owner; (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Town to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; L .' Page 32 (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credits required by this Agreement have been deposited with the Town and all letters of credit deposited with the Town are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is entered into by the prospective purchaser(s) as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and without limiting the generality of the foregoing, are subject to the provisions of paragraphs 4.12(5), 4.12(6) and Article 7 in respect of the obligations of subsequent owners; 4.10 Requirements for Occupancy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respecting the issuance of any permit authorizing or permitting the occupancy of any building, the Owner shall not occupy or cause or permit any building on the said Lands to be occupied without the written permission of the Town (the "Occupancy Permit") having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: (a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received the application of the base course of asphalt, to the written satisfaction of the Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable T.V., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written satisfaction of the Director, the Newcastle Hydro- Electric Commission or the authority or company having jurisdiction over such Utilities and Services, as is appropriate; (d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; 1 # " Page 33 (e) either the Owner's Engineer has provided the Director with his written certification that the 10t(s) or block(s), on which such building is located has been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to vary the requirements of the Grading and Drainage Plan with respect to the lot(s) or block(s) in question; and (1) the building has been finally inspected and approved pursuant to the Ontario Building Code Act, the Ontario Building Code and the Plumbing Code. (2) The Owner agrees with the Town that prior to the issuance of a "Temporary Occupancy Permit" referred to in Section 4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director, has confirmed, in writing to the Director of Planning, that the dwelling in question has been constructed in accordance with the approved "Final Noise Impact Study" referred to in paragraphs 4.12(6) and 4.12(10) of this Agreement. (3) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may be issued a ''Temporary Occupancy Permit" to permit the occupancy of a dwelling in the event the Owner establishes to the satisfaction of the Director that it has not been able to comply with the requirements of paragraph 4.10(e) by reason of seasonal, weather or other conditions which are considered by the Director, in his discretion, to be beyond the control of the Owner. Prior to the commencement of a permitted temporary occupancy of a dwelling, the Owner shall establish, to the satisfaction of the Director of Planning that the provisions of paragraphs 4.10(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall provide to the Town the written confirmation required by paragraphs 4.10(e) within one (1) year from the date of the commencement of the temporary occupancy of the dwelling pursuant to a Temporary Occupancy Permit. Until such written certificate is provided to the Town, the Town may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. 4.11 Cash in Lieu of Lands for Park or Other Public Recreational Purposes On the execution of this Agreement, the Owner shall pay to the Town in cash the amount of cash in lieu of the transfer of land to the Town for park and other public recreational purposes set out in Schedule tip. L Page 34 4.U Special Conditions (1) The Owner shall implement those noise control measures as recommended in the "Noise Impact Study" (as hereafter defined) as described in Abatement Measures referred to in paragraph 4.12(4). (2) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Town's Fire Chief. (3) In cases in which the well or private water supply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or as a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. (4) The Owner shall implement the specific noise recommendations contained in the approved Noise Impact Study for Plan of Subdivision 18T-88067 dated October, 1989 and the Addendum dated December 12, 1990, as prepared by G.M. Semas & Associates Ltd. (the "Noise Impact Study") including those specific items noted below: Summaty of Recommended Abatement Measures Number Lot Abatement Measures Location 1 1-- ... Provision for Central AIC 1.8m Noise Fence West and south lot line. .. ... Warning Clause "B" Warning Clause "e' (5) The following Warning Clause "B" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the 40M Plan: Lot 1 ___I .' Page 35 "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual dwelling units, noise levels may continue to be of concern, occasionally interfering with some activities of the building occupants. This dwelling unit was fitted with a forced air beating system and ducting sized to accommodate a central air conditioning condenser unit. (NOTE: Care should be taken to ensure that the condenser unit is located in an area that is not sensitive to noise)". (6) The following Warning Clause "C' regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of the dwelling for Lot 1 on the 40M Plan: "Purchasers are advised that noise levels due to increasing road traffic may be of concern occasionally interfering witb some activities of the building occupants." (7) The Owner shall comply with the provisions of Schedule "Q" hereto. (8) The Owner shall implement the recommendations contained in the Noise Impact Study. Without limiting the foregoing, the Owner shall: (a) construct one point eight (1.8) metre high acoustical noise barrier fencing on the relevant lots and blocks referred to in the Noise Impact Study; (b) place on title appropriate warning clauses for each of the Lot(s) or Block(s) in question in accordance with paragraphs 4.12(5) and 4.12(6); and (c) by implementing the construction techniques described in the Noise Impact Study, construct each dwelling in accordance with that Study. (9) Any dead ends and/or open side of road(s) allowances created by draft Plan of Subdivision 18T.88067 shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Town. Paragraphs 2.5 and 2.6 apply in respect of such transfers with all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(9). (10) Prior to the issuance of a building permit for a dwelling proposed to be constructed on any of the Lots referred to in paragraphs 4.12(4) and 4.12(6) the Owner shall provide its Acoustic Engineer's written certificate to the Director certifying that the builder's plans for the dwelling are in accordance with the Noise Impact Study. __.1_ Page 36 ARTICLE 5. PUBLIC WORKS 5.1 Town Works Required The Owner at the Owner's expense, sball construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "G" hereto (which in this Agreement collectively are called the "Works"). From the date of the commencement of the construction and installation of the Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the maintenance of the Works including the cost thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Town. 5.2 Utilities and Senices Required Either prior to or forthwith after the date of this Agreement, tbe 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 EniPneer The Owner shall retain a Professional Civil Engineer, registered by the Association of Professional Engineers of Ontario (the "Owner's Engineer") who shall perform the duties set out in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the Director written notice of the name and address of the Owner's Engineer. The Parties acknowledge that G.M. Sernas and Associates Ltd. has been retained as the Owner's Engineer. 5.4 Desi~ of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with the Town's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as' required by this Agreement. _J " Page 37 (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, 2.5 and 2.6 shall apply in respect of any such transfers of land or easements with all necessary changes to being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Town's Solicitor. At the time of delivery of each transfer of land to the Town, the Owner shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to the lands to which it applies. SOS AJ)proval of En~neerinl Drawinls 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 Gradinl and Drainale Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an appropriate Plan showing thereon the existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said Lands to the municipal storm sewer system or any other outlet approved by the Director (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. If construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the " Page 38 Director of the Reapproved Grading and Drainage Pl~ 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 or Schedule or 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 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 A,pproval 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 h;3tallation of those Works permitted by the Authorization to Commence Works. In addition to satisfying all the other requirements of this Agreement in respect thereof, an Authorization to Commence Works shall not be issued for any of the Works for which the Authorization is sought until the following conditions have been satisfied: (a) the final Plan of Subdivision of the Lands has been approved by the Region pursuant to the Planning Act, 1983; (b) the final Plan of Subdivision of the Lands has been registered against the title to the Lands; (c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as registered against the title to the Lands; (2) a copy(s) of the registered Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; , .> .' Page 39 (d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements to the Town in accordance with paragraphs 2.4 and 2.6 of this Agreement; (f) the Owner has delivered to the Town transfers of the lands and paid the required cash in accordance with paragraphs 2.5, 2.6 and 4.11 of this Agreement, and such transfers have been registered against the title to the appropriate portions of Lands; (g) the Owner has delivered to the Town letters signed on behalf of the Newcastle Hydro-Electric Commission, and/or other authority or company having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained an Engineer in compliance with paragraph 5.3 of this Agreement and has conf1IIIled the name and address of its Engineer to the Director in writing; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragrapb 5.5 of this Agreement; G) the Owner bas received written approvals of tbe Director of Planning al1d the Director of Public Works of tbe Landscape Plan as required by paragrapb 4.2 of this Agreement; (k) the Owner bas received the written approval of the Director of the Grading and Drainage Plan required by paragrapb 5.6 of this Agreement; (1) tbe Owner has received tbe written approvals of tbe Director of Public Works and the Director of Planning of the Staging Plan as provided in paragrapb 5.7 of this Agreement; (m) tbe Owner bas received the written approval of the Director of tbe Scbedule of Works as required by paragraph 5.8 of this Agreement; (n) the Owner has received the written approval of the Director to the Works Cost Estimates as required by paragrapb 5.9 of tbis Agreement; f .' Page 40 (0) 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; (P) the Owner has deposited with the Town all policies of insurance or proof thereof required by paragraph 3.9 and Schedule "1(" of this Agreement; (q) the Owner has paid all costs required to be paid to the Town by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; (r) the Owner has made all payments to and deposited all letters of credit with the Town in respect of the External Service and External Work that are required by paragraphs 5.27 and 5.28 of this Agreement; (s) 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; and (t) the Owner has been issued a Road Occupancy Permit with respect to the relevant portion of Town highways to permit the construction of the Works. (2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the construction and installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), (j), (k), (1), (m), (n), (0), (P), (q), (r) and (s) have been satisfied by the Owner. In such a case, however, a Certificate of Acceptance of the Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Acceptance have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Town that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might have to compensation by or damages from the Town that he might otherwise have as a result of its construction and installation of any of the Works. r .' " Page 41 5.11 Not Used 5.U Inspection 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. 5.13 Construction in Accordance with En~neerine Drawinl$ (1) The Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "L". (2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and refuse until all Works contemplated by this Agreement including the "Storm Sewer Work" (as hereinafter defined) have been completed. After the expiry of twenty- four (24) hours following the giving of written notice requiring the Owner to do so, if the Owner has not performed its obligations under this paragraph 5.13(2), the Town may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the Owner written notice of the amount of the deduction in question. 5.14 Sequence of Construction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefor set out in the Schedule of Works. / .' Page 42 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 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 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 Liens (1) If, in the opinion of tbe Director, tbe 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 tbe time specified for such completion in the Scbedule of Works, or if the Works are being improperly constructed or installed, or if tbe Owner neglects or abandons tbe said Works or any part of them before completion, or unreasonable delay occurs in tbe 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 tbis Agreement, or the Owner neglects or refuses to reconstruct or reinstall any of tbe Works which may be rejected by the Director as defective, deficient or unsuitable, or tbe Owner in the opinion of the Director otberwise defaults in performance of this Agreement, tben in any such case after receiving the authority of the Town Council, tbe Director may give the Owner notice in writing of sucb 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 tbe Owner by tbe 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 tbe 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 / Page 43 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 a1l costs incurred by the Town to complete the Works in question. The Owner shall reimburse the Town for the cost of all Works, and the cost of correcting or remedying all deficiencies, defects and defaults pursuant to this paragraph 5.17(1) which have been incurred by the Town forthwith after the Director gives the Owner written demand for payment of such cost. (2) In the event that any construction liens are filed under the Construction Lien Act, such filing(s) shall constitute a default in performance by the Owner of this Agreement. In any such case, the Director may notify the Owner in writing of such default. If the Owner fails to discharge the lien claimant within ten (10) business days, excluding Saturdays, after the giving of such notice, or within such further period of time as may be specified in the notice, then the Town may pay the full amount of the claim and costs into a Court of competent jurisdiction. The Town is hereby authorized by the Owner to draw on and appropriate the whole or any portion(s) of the Performance Guarantee to indemnify the Town against the costs and expense so incurred by the Town. In the event that the Town draws on and appropriates any portion of the Performance Guarantee to satisfy the claim of any one (1) or more construction lien claimants and costs, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this Agreement. 5.18 Entry for Emereency Repairs In addition to the Town's other rights under this Agreement, the Owner acknowledges and agrees that at any time and from time to time, employees or representatives of the Town who are authorized by the Director, or contractors retained by the Town may enter on the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairs 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 L Page 44 in connection therewith, or a release by the Town of the Owner from any of its obligations under this Agreement. 5.19 Damaee to Existine Semces Forthwith after written demand therefor is given by the Director to the Owner, the Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any property or services of the Town, the Region, or any utility authority or company or (the "Damaged Services") including without limiting the generality of the foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost of relocating any Damaged Services, caused by or resulting from the development of any one (1) or more portions of the Lands, or the construction or installation of any of the Works, provided that all such repairs and or relocation(s) are completed to the satisfaction of the Director, the Region and the relevant utility authority or company which owns or is responsible for the Works, property or services in question. In addition, the Owner agrees with the Town, at the Owner's cost, to relocate any of the Works constructed or installed pursuant to this Agreement which are located in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway in question, forthwith after being given written notice by the Director requiring the Owner to undertake such relocation. 5.20 Damaee to Neiehbourine 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. _ ----.L . ' Page 45 (2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the Hydrogeologist to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the Owner also shall cause the Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to the Director, at no cost to the Town, a copy of all data collected and all analyses and reports made by the Hydrogeologist in connection with or in implementation 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 dat~ analyses and reports required to be provided to the Director by this paragraph 5.20(2), have been provided to him. In addition to the foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Town, and to deliver the same to the Director, at no cost to the Town, forthwith after each of them is completed. (3) H after considering a report thereon from the Director in this regard, Town Council determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of the completion of dewatering), in the opinion of the Town Council, the Owner shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); or (b) where in the opinion of the Town Council the interference to a well or private water supply is of a long term duration, at the option of the Owner and at its cost, the Owner shall connect the affected party's property to the Town water supply system or provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(s) prior to the interference, as may be required by the Town Council by written notice given to the Owner. Page 46 (4) H the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as the Town Council, after considering a report thereon from the Director, decides that the well or private water supply in question has not been interfered 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 or Works by Town The Owner acknowledges and agrees that any of the Works may be used by the Town and such other person(s) who is (are) authorized by the Town for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Town and other person(s) authorized by the Town may enter upon the portiones) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the said Lands is occupied, the Owner, at the Owner's cost, shall maintain each road(s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain, to the satisfaction of the Director. L__ Page 47 (2) The Town agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of Acceptance of such road(s) has been issued, provided that until the road(s) are assumed by the Town, the Owner shall pay to the Town one hundred (100%) percent of 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 land Registry Office. 5.23 Requirements for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not b.~ issued until: (a) such of the Works authorized by the Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the Engineering Drawings; and (b) the Town is satisfied in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works, that there are no outstanding construction lien claims for payment by contractors, subcontractors, suppliers of services or materials or workmen relating to the construction and installation of such Works. 5.24 Requirements for Certificate of 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 / Page 48 of this Agreement, until the Director has provided the Owner with written certificate that they bave been accepted by the Town, ("the Certificate of Acceptance"). In addition to satisfying tbe other requirements of this Agreement respecting its issuance, a Certificate of Acceptance shall not be issued until all of the Works that are proposed to be covered by such Certificate of Acceptance have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the relevant period set out in paragraph 3.10(3) of this Agreement, all deficiencies and defects in the Works have been corrected by the Owner, and the Works should be accepted by the Town. S.2S Ownership of Works by Town For greater certainty, the Owner acknowledges and agrees that the Town is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. S.26 Requirements for Certificate or Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shan be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements, of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Town with written confirmation that at a date not earlier than the end of the longest of the maintenance periods set out in paragraph 3.10(3) for any of the Works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of Subdivision of the Lands and has found, placed or replaced all survey monuments at all block comers, the end of all curves, other than comer roundings, and all points of change in direction or road(s) on such Plan; and (c) Town Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. --~-- . ' Page 49 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. 5.27 External Service (1) In this Agreement as the "External Service" is the "Water Quality Work" as defined and described in Schedule "0" hereto. (2) The Owner shall construct, install, maintain and pay the total cost of the External Service in accordance with the provisions of this Agreement. The preliminary estimated cost of the External Service is set out in Schedule "P" hereto. The Owner will not seek any credit for or rebate of any part of the estimated or total cost thereof whether from or in respect of a charge imposed by a Development Charge By-law which the Town Council may pass pursuant to the Act, or in any other manner, or for any other reason. (3) The Owner further agrees with the Town that if the Town passes a Development Charge By-law applicable to the Lands which comes into effect and the development charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the Act), that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to such by-law or complain under the Act of the development charge imposed by the By-law, or the amount that the Owner or any other person will be required to pay in respect of development of the whole or any portion of the Lands on the ground that the cost of the External Service referred to in paragraph 5.27(2) have been provided by the Owner, or such cost has been provided for in this Agreement, or has or has not been included in the development charge, or that the development charge should have been imposed in respect of a \ different defined area(s) of the Town or the whole Town. \ , , \ . 5.28 Financial Contributions for Certain External Works On the execution of this Agreement the Owner shall pay to the Town the sum of one hundred and fifty-eight thousand two hundred and thirteen ($158,213.00) dollars as the Owner's share of the estimated cost of the "Trulls Road Upgrading Work" (as hereafter defined and described in Schedule "P-l" hereto), and three thousand, three bundred and seventy-one dollars and twenty-two cents ($3,371.22) as the Owner's share of the cost of the "Tributary Stormwater Management Works" (as hereafter defined). The third sentence of paragraph 5.27(2) and paragraph 5.27(3) apply in respect of such payments with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph 5.28. . ' Page 50 5.29 Cost of Works Referred to in Schedule WGW The Owner acknowledges and agrees that it will pay the total cost of the Works referred to in Schedule "0" 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 application and all by-laws of the Town and the Region. ARTICLE 7 . RESPONSIBILI1Y OF SUBSEOUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its cost: (a) it shall be responsible for providing and maintaining adequate drainage of surface waters from such lot(s) or block(s) in accordance with the approved Lot Orading and Drainage Plans referred to in paragraph 5.6 herein; (b) it shall be responsible for compliance with the terms of paragraph 4.6 "Requirements for Building Permits" of this Agreement if, at the date of issuance of the Certificate for Release, a building permit has not been issued for the lot(s) or block(s) in question; and \ I I (c) \ it shall be responsible for the maintenance of fencing required in Schedule "0" and I paragraph 4.12(4) of this Agreement. ARTICLE 8 . TIME OF ESSENCE Time is of the essence of this Agreement. ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Town has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by ~, I' Page 51 the Parties, and that this Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner as aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: We have the authority to bind the Bank. The name of The Royal Bank of Canada was changed to Royal Bank or Canada as set out in Order-in-Council P .C. 1990- 2221, a copy of which is attached to instrument registered as No. 162641 on the 2nd day of November, 1990, in the Land Registry Office for the Land Registry Division of Newcastle (No. 10). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF E CASTLE , Title:Vl ~ -" pJ'.D-? ~I'JD r~(CD~PD+<Anb(') 848601 ONTARIO INC. Title: V} (fl p/JlA I ) fO 8,/ 'rJD iNE o.DK.foJi.f1TID tj ROYAL BANK OF CANADA Mana~er ndJ.ng Se:rvices ~ :~ " ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Page 52 727t14 ONTARIO LIMITED J b'1 l +50 R ec.e i ue l' o H c:.V1.Q, <= ) P eo:1- ct-\.a. (' u.; ic. k T 1...0 r V\e I IA( . Name: Title: Name: Title: GINAEL HOLDINGS LIMITED ~~~~ ame: 1 Bm,..A~ T t e: Name: Title: cJJ~ CARL SCHWARZ ~~ ~~ . ) '53 " ~ SCHEDULE wAw THIS SCHEDULE IS SCHEDULE wAw to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. (.EGAL DESCRIPTION OF LANDS I'" 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 Lot 30, Concession 3, Town of Newcastle shown as Part 1 on plan of survey of record deposited in the Land Registry Office for the Land ntles Division of Durham (No. 40) ("the Land Registry Office") as Plan 10R-3604., and as Part 3 on Plan of Survey deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("the Land Registry Office") as Plan 40R-13783. ::J \p Z IlJ IlJ U):t ...J.... ...JlM :::> 0::1lJ I-u z i ;J -. --. ...-._--. PART PLAN PARCEL 30-2. SECTION 2 lOR - 558 CON 3. NEWCASTLE (DARLINGTON) It) z Q II) II) IlJ U Z 0 U i<; 'f: 00 <!z 0<( 0:: 0 It) t!! 0 ..J PART I. PLAN 10R- 374 ~ INST Ni 107171 I INST N! 149519 I Ln. PLAN 700. 7~ INST Ni 87518 lDZ III 0 Ill'" o '2 Q::..J 00: -g .. "' i NO 'IENer " 72" 29"O'E 134112 156.n6 CONCESSION .' t:! ZZ <(0 ..JU a.. z o .... U _1&1 II) PART PLAN 3 lOR -558 I PART II AREA ' 3.529 III a ~ N h . - rz '" ...., ~g: a.. ~ '0 ... PARCEL SECTION CON - 3 " o ~ tl7f1"5T'OO'EI_ . .... ,...., r CPt .. ~ !S PART U PLAN lOR - 3604 t~:.~~'~Tl~~' ROAD ALLOWANCE BETWEEN CONCESSIONS 2 AND 3 1 30 '" 3 ..J 1&1 U a: f PLAN 10 R- I REOUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TIT1.ES Act DATE ____.______.:.._ RECEIVED AND DEPOSITED DATE ___________ ------------ R. S. KARPIEL .'AR.O LAND 1UR\fE'lQR LAND REGiSTRAR FOR-THE LAND TITLES DIVISION Of NEWCASTLE (N! 10) PARTS 1,2 AND3' ALL OF PARCEL 3D-I, SECTION CON 3, NEWCASTLE (DARLINGTONl PLAN OF SURVEY OF PART OF LOT 30 CONCESSION 3 I GEOGRAPHIC TOWNSHIP OF DARLINGTON) NOW IN THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE \-2000 0'2345 ~ 10 20.. J.D. BARNES LIMITED - 1991 METRIC ~~r~~v=O~J'~~E~L:yN ':ei::e ~l~~~ NOTES: IEA/l&OltS HEREON AIlE ASTRONOIIIIC AND ARE REFERRED 10 THE EASTERLY LIMIT OF ROlD ALLOWANCE BEtwEEN LOTS 30 AND 31, CONCESSIOtl 3 AS SHOWN ON PlAN IDR- 558 ,HAVING A eEARlNG OF N 18045' 3Q'W. . o .. .. P . OENOTES OENOTES OENOTES DENOTES DENOTES DENOTES SURVEY IIONUllENT f_ SURVEY IlllNUMENT PLANTED STANDARD .- BAR _BAR PlAN lOR. 558 ROUND CAUTION THIS PlAN IS NOT A PLAN OF SUBDIVISION WITHIN TME 1Il_ OF TIlE PLANNING ACT. SURVEYOR'S CERTIFICATE I CUT.' THAT: I. TItIS SURVEY AND PlAN AIlE COlIIlECT AND III AC~NCE WITH THE SURVEYS ACT_ THE LAND TlTlESACTANO TNE RE8IILATIONS MAOE THERE_R. Z. Till SURVEY WAS C_LET!D ON !NE "Ill DAY OF JU~L l' , '.91. DATE~u!.I!/!! _AY.. ~_ _____ ?'="'.:..~ .tti RPIEL ..T.... . LAllD _nOlI fal J.O ~~NES SURVEYING MAPPING LAND INFORMATION SERVICES OFFICE OF OAIGIN: 110 SCOTIA COURT, UNrr # Z4 WHlTlY, ONTARIO UN 817 14161 72S-IZI1 __at, N." ......IOClIoO" to-ZS'NI-oe c_.., It.'.K. 5t; . ' H SCHEDULE "B" nus SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. PLAN OF SUBDMSION (Insert reduction of Plan 1ST -880(7) 1 ~ ",,, . ::':'--, \ ) I , ----I I , ----I =.. I .~..' -:;- - ~ " I I -1 -"~ I i- ;: r ::.J 8" ~ I :s I T - ra:.... .. , I I , I l I I, I . ..\.'n~..!-r-'j- &T. T"-r-'""\ , I'~ " I ,'" \ " i'" ... ..~"" . K ;", ~"~. I :So a; , ~, '. '.r- -- -- - - - - - - --- - --, . I IJiIlI<lIL 1 ;) 4 .' 5 I . i .. i., r~ '": . ~ u....i' ... , I , , I ~ .J 1.- ~ _.1 ,.." FUTURE DEVfLOPMENT II.OCX 16 fII1\Al( ~T 0.10 "" ... .. - ...r 81.00(' 14.' 011 $TRtET lO't/NtlClUSE! ; 0.29 ha ""3 oNto . r'- ,-'""\. . . ~ro. .. 1.1 ~ I.. .- a . '" AREA TABLE RESIDENTIAL LOTS ,-.. 0.656 ha RESIDENTIAL RESERVE ....,. OJ 0.03 aN STREET TO\\NHOUSES .........._ 0.33 FUTURE DEVELOPMENT ....,... 0.10 WIDENING ........ 0.03 ROADS ...""".._ 0.60 TOTAl 1.746 ha , , I , I r\- - -_------ - - - - - ~ - - -1. - -, ,,--- ----------- - - SJREfT A ... ------------ \ - - : - - r T -,- - r - ... - - ---- "- r-' "1 II , I' I I I I .' I I I I I I I . I I I I ( I, I I I I I II I I 1.. _1_ .L .J ...J I I ! t' - .J - . . .~. I I I rKN . ..' . _ -4 II I I SPACC ,... I II' I ,,' :: ~ _ J I '~I I' ...{" ,,--,,- I III " ," I I I , I ~ I ,ti, /(' " . . \ \ .j r - - - I '^ I I~I I I.. _ _ _ _ \ 'I I L - - - - -J ~ I ,1Il, I I .J' l~-----' IIII r - - - - I )IXII I I II / I t - - - - , 1...1 r - - - i 'I J, I J I~I L - - - ~ I '1{ ~ - - - - I I~ J I DRAFT P, of SUBDJ~S1lf Y DESIGN PLAN SERI1CfS INe. II i"I---- Iff - - - I 1 I I I!f 1fD uAROt ;, DlIG. No. 8-8820-5 11..--"--1 ,.--- II II . II ,I I I, II r _...: - - J I I ~ BlOCX 13] II.OCX 1:l II 't 111'~ ~II '----'111)1 lllQ"" 0.04"" I I I I I ., L _ _ _ I I..... '0' I I t - - - - - t; ,.,~ I I .1 I I \ I I Il __ J ..J It; I I . [.... I. no UNIT COUNT 12.Om SINGLE ,.... ,...., 9.Om LINKS ...on ,.""" ON STREET TOWNHOUSES TOTAl 8 units 8 14 30 units LEGEND '" _ - _ l!oun<lary al !ioIbdMsioR ~ Pavement ldioll'_ic: cod,) " ~: NOlES AI measurements .;. it 1SIO\res. AI e1_liens reler I. Coacletic Datum. AI cern... ttlUIlditgs .... 40Sm R., unless otherwise stateet. ADDITIONAL INFORUA nON REQUIRED UNDER SECllON 50 (2) of 'THE PLANNING ACT 8. This ropr.....ls III. appIiclrIb ..tr. /IcIdings in Utt 'liaIily. O. Raldenllm singI. fpmIJ /Inks. on slrHI ta1lllhcu_ ond lulurt cIowekipmelll H. I'fed ..1<< ta H prawidod. L 00, loam ond sondJ sol. I I I I I I ... .. .. ~ UlfR I 1M. --.:---- I I I I JIll. ._ --r----- I I I , I I I I KEY PLAN ~ ....... - H:J-i SURVEYOR'S CERllACAlE I h<<eII, certifJ 11I.1 III. boundarles ot IIle lands 10 b. IUbdMded as "'_ an this pkIn. Gnd IhW relations/l" ~. IIle adj:lcenl lallda are ClCCllfately ..... carrectl, ","WI\. , SEE ORIQHAI. SUBWSSIOIt / ---/ ---/ _ ......... 0., ...... ,,_ OYlfolERS AUTHORIZA nON We. CARNOVAlE COHSlRUC1ION LID. beilg IIle registered .owneR af III. subject I..,ds hereby aulllorlze DESIGN PlAN SERII1CES 1Ne. la prep<ll'e ClId IUbmlt Q re'tised .-.ft "'\lit .of ~ fer "I'flI'a-4 SEE ORIQHAI. SlJBYlSSlOlt / ---/ ---/ _ - ... 18T -88067 (REV.) . j -....-........ ...__~...t.... ...-....-- _1I"11lI~JCr. _ ._.....J::L. ....~"---...L ~ ~d.fJV\ ro:....._ \ .......~..- REVISED -DRAFT PlAN of PROPOSED SUBDIVISION . PART of lOT 30 CONCESSlONJ TOWN of NEWCASTlE REGIONAl t.lUNIClPAUTY of DURHAM K. SanItary..... IIcnn __ la be prCl'licled. w ~. 'f ' -- " .f.. , ~ Design Plan Sel:Yces IOc. Lor.s ~c.:..llIrtr ........"...... ........0.. MIC to ....... 1_- ~(j if 1:1lll1O - : . \'..- ., .. .. "" ~. . I . \'.. lA .. .. .. I I I I I I r----~ I I I I L"., -r - rl I 1 'I } I ." _ _ _ .....J -! .J.. ..L -I I ;' GEORGE REYNOLDSI f ~: DRIVE I ~ . :; - - - T T - -""i 1'-' . :: I I ) 1<('" , -- -LL-_-110"' I . ----____U ---'-T-~"~i I/" ~ __-1/..1,<,/ ,I ~ ~: }-_ kn . .. I ::--~ -"\ -J :. ., '\. I . · I...J " .. - _ _ _ .LI-'~ ~! III~:::> " : ..l. ...L ...L : DEVONDAL STREET ITT -1-4-1 I -I / , RED-LINE REVISION OF 1ST-ssoel PART Cf' LOT :SO. CONCES'SION 3 TOWN OF NEWCASltE RECIOIIAI. II/IIICIPAUlY OF I)I.IlIWI 1ICtClW: t:E UIID UK ;-~==.- r ..,'-'-'- i ( . . I I . . I I . . f I .. . L.J Il!LE'N'T ~1IOI'l. .....-... I -r" .......... 1....'.-1 .,.MT .~... (4."_ _ IlGIIMIlItI, ___ (._,...wI .... .. -.c,..,,, ........ .. __ - --......... --- - -"... 't~ ~~ .(:.~ Mrllf -_..._. ..,........... .-... .-. ...._tIICII._. -_.. -----.... --.. u.._ '-1:11- -.. .._ "_0-....,. ... -.--.. --.. .... ~ ,. 1.1II.. '" " '" .~\. .)<i> '\f, .)0 t '\ ~ ~ t- ("-~J ..., CIIIIIlOl1E ........_ ..---.... ,-....--~ ---- ..-..--- -----.....- .......--.... _.._.."'~ ~--_. ..-. -_. ! .::::=- L._._ lBW....lM1III oI.D.~ _-... I'" _- ".1 r -- - -- .- ... "'" DEVELOPIBTB .. ~Wli .;" --- -- ~U"URE 1, _e. -... __I ... ~.- MI2 ..... RL-1 5"g (Insert reduction or the 40M Plan) / C) In ~ ..... ( - --- ___ MEREDITH C~Cli.. 'l..~RT \ "'--- PUT 'l'. .. I I . a. Q I <( 8 0 It: ~ _cr. 50. I S"TIOIf to_ _ I LOT 30 PLAN ..- .- .. .- 2 5 4 5 <II 'Al"'" .. - . J ... ..J ,.- ::> ft' .. It: .. J ..IT lanor IlUlCK 15 IoIlftA 0 0"'. . 10 II 12 -..sf t0UlM1atI1 7 . 1ft O. co ..- .. - ... ... PAflT PLAN lOft . 204t UJII 1 ICWCAIfU '~I .....cn SO. 1 ncfl()(ll CONCESSION J cu.vt OAT" '-01 .,. ...... ...".",. ... ,.... f'''P''' k= ...... . ....... \...._.- .- ,," .. .- .... ...... . .... ... " . ... . ." ..11 .. . .. ... ... .. I "' I .. ."... . -. A.uO.."Cf et;'lfftlf ..... . ..- ... .. . .. .... ..".. ...... . ll._ ... " .... .... .un'" . c:c..cnstOd . .NO . ..... . ..- .... ... .... .r ... ..... . .... ... .. .. .... .. .w. .Iea . t:= ..... .,. . ... .all. . ...... .... ,. , ... ... .. ..... .. ...... I. .. .. .... ... ... ..... . .... ". .. ,_.n , 'O' .... .. ..... . . toO .. .. .... . ... .... .... ....... . ... .... . ... . ... ..... ..... .. . ... dO'" .... . .n ..." 10' -.OU " . ... ... .. . ... . 'M ... U ..'. ...__as .. ... ... . ... .... .. _.o. 'UK& It . ... ... .. . ... . ... ..".1: ...... .... .. . ... . ... .os. .... 551 .-, 3 SURVE'1OIl'S CERTIFICATE fiT .. .OC' PLAN 10 M- I CDWT 1MA1' TMII ...... ....__.....t.....sruco . .. LMIO RaIS1WY omce ..... ...... 1In.a aMI. . .ncuu ... .. ____o'Q,.CICIC 011 1M ____tAy (1..___'" ... DIft'M:. . 'ftC ::-::.= =..__-~_iiiiii'NO . .... fOQNII:NI .. _____. -..-'ilii'.........---- =1=-''''''= ~':i:h-~ -= tt..a. ........ I.......' PLAII (f' SIJllOIVlSIOIt 01' PART OF LOT 30 CONCESS ION 3 1_ lIJMISIIlP tw DlllUIlG11lIl1 NOW IN nE TOWN Of NE\\CASlLE RmIONAL MUNICIPALITY OF OURHAM . I .. .. C g ,. R .. ... .. ! 'a 5 i to : :: ~ w u . : KAL.I t: no ~-~...- --- .._~ ~ Ii. INN:I \....ru...., METRIC .."AllCtI...... MI .... alii . ."" .. .. . tllIIWlflltC. '"' "-IT P........ 0.. II01t:S ~=: =r: :-':=::-f\AII"_~~ ': ~?'" ........ . trIIOm """'"........,..... . 1I(1IOfU.-w:,. ....... ...-- . or....m.,...... -- .. . ..,po....... .. tt.m ......- . ..110m .................. _ ..,. ~ .I'U~_..'. M.\. ",M1U ......... .. - .... ...... .,....... ..,.. lMNER'S ClRTlFICAn - P1.AN OF 5U8llMSION r-...tlllTlFf1MoU I 'l.Otlf "......~l.tLOCIIIlI.,.,....IIICWIh&t. ... snlUlt ...t.' cae.. __ ClKlCCIrt. ___ eouM' _~_lt ......,,,. __ _LV ......1_ M Cl~_~"'" ..."yo.~~IIIM_.~tNf.~ ..." CUI ..,........ I; .. """tl'I" nc.-rP....... atlt _.. tlQICl"'. ..TtC~.....nc.,... OItll-.ealTl.ld",*,C~ ...lMt~~_._~_ .... Q;jlii/tl-~~-- ~r.~~' .~_M~IO"lMI'__"'" ......... .... Sect_ eo ~ ... ,...... llIcI. .... .... -...--- ,,--------...... ~~....... C~ ......, .,~.... tMllI.. ....... . WITICS$ Wt4VEOf ffW r.,... .. .. ...... ~"., ~ ..... ...... em... .. ... ..... ........1flIi...__;a, ,,________.,.,. ........- CMir_ j fMlStuII\Il'I' ...11\." Mt ClWlllt'fMOIII olICItO<<WICf: "'". ::1. -=~. .... ,.. ,... "'"' ICI .. OIl.......... I 'he ....... _.. ~tt.... --__........_.... .,-........,,---..... "'I ~________~______ _on --;:.:.:r~~---- 19] ~D~ES SUCYttING -- LANG NQ&MAfl()tIfSlIMCU ....,...- lID..... 18U11f.'." .... .o-q_ .... ,n feU m... ..n........ GO ~CHEDULE "C" 1HIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. CHARGES AGAINST LANDS (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charges (Paid prior to Execution) (paid prior to Execution) (Paid prior to Execution) / / ~I SCHEDULE liD" THIS SCHEDULE IS SCHEDULE liD" to the Agreement which has been authorized and approved by By-law No. 91-138 IOf th~ Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. DEVELOPMENT LEVIES Without fettering in anyway the Town Council in the exercise of its discretion to pass a Development Charge By-Law under the Development Charges Act, 1989, which imposes a development charge as permitted by that Act in respect of the development of lands in all or part of the Town including the Lands, after the date of this Agreement, the Owner agrees to pay to the Town amounts of money (the "Development Levies") calculated by multiplying two thousand, nine hundred and seventy-four ($2,974.00) dollars by the number of single family dwellings and semi-detached dwellings and by multiplying two thousand, seven hundred and thirty ($2,730.00) dollars by the number of townhouse dwellings which the Owner proposes to construct on the Lands. The Owner shall make the following payments on account of Development Levies to the Town in respect of the development of the Lands consisting of eight (8) single family dwellings; eight (8) semi- detached dwellings; and thirteen (13) townhouse dwellings on the occasions set out below. The aggregate amount so payable is eighty-three thousand and seventy-four ($83,074.00) dollars. (a) Twenty-five (25%) percent of the aforesaid aggregate amount of Development Levies, being twenty thousand, seven hundred and sixty-eight dollars and fifty cents ($20,768.50) on the execution of this Agreement. (b) Twenty-five (25%) percent of the aforesaid aggregate amount being twenty thousand, seven hundred and sixty-eight dollars and fifty cents ($20,768.50) on the issuance of the building permit for the first (1st) dwelling proposed to be constructed on the Lands. (c) Twenty-five (25%) percent of the aforesaid aggregate amount being twenty thousand, seven hundred and sixty-eight dollars and fifty cents ($20,768.50) on the earlier to occur of the first (1st) anniversary of the issuance of the building permit for the first (1st) dwelling proposed to be constructed on the Lands and the date of issuance of the building permit for the fifteenth (15th) dwelling proposed to be constructed on the Lands. (d) The remainder of the aforesaid aggregate amount being twenty thousand, seven hundred and sixty-eight dollars and fifty cents ($20,768.50) on the earlier to occur of the expiry of twenty-four (24) months following the date of issuance of the building permit for the first (1st) dwelling proposed to be j' ba constructed on the Lands and the date of issuance of the building permit for the twenty-third (23rd) dwelling proposed to be constructed on the Lands. Subject to the provisions of the Development Charges Act, 1989: (a) The Town shall review its schedule of Development Levies annually and may adjust the amount of the Development Levies herein in accordance therewith. (b) The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted Development Levies shall be applicable to alllot(s) or block(s} within the Plan for which Development Levies remain due. Referen<:es in this Schedule "D" and in any other provision of this Agreement to "Development Levies" are to be construed to be references to the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 of this Agreement and this Schedule "D". They are not to be construed to be or to include references to a development charge that may be imposed by a Development Charge By-law passed by the Town under the Development Charges Act, 1989. / k:3 SCHEDULE -E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. TRANSFERS OF EASEMENTS (1) On the execution of this Agreement, the Owner shall deliver to the Town transfers of the following easements: Rear yard catchbasins and storm sewers (Cecil Found Crescent) Parts 1, 2, 3, 4, S, 6, 7 and 8 on Plan 40R- (2) Easements for the rear yard catchbasins and storm sewers shall be perpetual in duration. (3) The Owner shall transfer or cause to be transferred to the Town easements to accommodate any work provided for in the approved Engineering Drawings or the Reapproved Engineering Drawings in lands located beyond the limits of the Lands as may be required by and to the satisfaction of the Director by notice given in writing to the Owner. 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. Paragraphs 2.4 and 2.6 shall apply in respect of transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3). I Ir .~ v C\J C\J r<) N_ ~... : g:: ~~ 2...J~s~ I ale ..... --------- r--r-~3 REGISTtRED 2 I 3 pJEL 4 I 5 PLAN _ 6, ".LJ~ 'NST N' 155607 LOT .'- CECIL PARCEL FOUND STREETS - I . SECTION CRESCENT 10 M- 7 ,.... 30 PARCEL 1.51'1 {AN 9 10 I. II ~___(n~~ 8 l.~h.. PART 5 30-3 I$r SECTION CONCESSION 1.$... 10M- 12 BLOCK l~'" c- PLAN IOR- 2042 SCHEDULE PilAT PMrf or LOT PlAN . . II . ,. 00: 14 I -J BLOCK 15 ~~<~~ 13 3 NEWCASTLE (DARLINGTON I CON 3 BLOCK 14 \~CI' PEFlP[NDICUL.AR WtO'H '.5", I m PLAN 10 R- 1 m " m I m 1 m I m I REQUIRE THIS Pl AN TO 8t: DEPOSITED UNO[R THE LAN!) TlTl.ES AC1. DATE ____.._______ DAlE RECEiVED AND OEPOSI' Hi ---i s ;-.;PICL'--- Oft'M>O .1lIID lUIihII'UIo lAND RE-GiSTRA~ F(:,R-"T-HE LAND TITLES 01"\1'1510'" Of NEWCASTLE (N! 101 COMPilED PLAN OF PART OF LOTS 1,2,7,8, II, 12 AND PART OF BLOCKS 13 AND 14 REGISTERED PLAN 10 M- TOWN OF NEW;";ASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE I' 500 ~oO 10 --40- J.D BARNES LIMITED - 1991 METRIC ~;c~~:;OT~(;'-:: ::~I:' ":,r~E:O::D NOTES: All PMTS SHOWH HtR(ON HAvE PfRPffwOtCUlAR WIDTH AS St()VM ~ THE; SCHfWU ANt ARt WHQU.V COffUlllfO WITH.. fH( lIiIOUtl..'f1HG Lon. ~[yIOU5l.T ur<<F1HED liNin Aft( PARALLEL WITH ('tiliNG LIMITS. CAUTION 1HIS "LAN II trtO, A "LAN Of SUlDlVlStON W11..- 1H[ all....,,. Of 1Nl Pl.AIINI'" AC1 SURVEYOR'S CERTIFICATE I CElt"'" 'H"': l. THIS PlAN IS AN ac::t'lJlltATl COIUtUTION BASED ON DATA DEftlvlD fROM ,.EGISTEAlD PlAM 10"- OATE_________ --- -ii"IlARPIU -- --- ow,... LA" tu'lYUCMl ~ ~ J.D ~6RNES SURVEYING MAPPING LAND INFORMATION SERVICES OffICE 01' ~ 110 SCOTIA COUftT. UIlIIT #- :M WMIlIY. O\I'&'UO Lut 1Y7 C4111JU-IZlZ D!tAW""" ..... uuallllONO.; 1Q-2~~64l-04 ras SCHEDULE .F" nns SCHEDULE IS SCHEDULE .,. to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. JANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID IN LIEU THEREOF (1) pedication of Lands The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in fee simple absolute the following land shown on 40M Plan: (a) Blocks 22 to 26, inclusive (b) Block 21 (c) Blocks 19 and 20 .. 0.3 m Reserve - Road Widening .. Turning Circle (Cecil Found Crescent), the lands now shown as Parts 2, 4 and 5 on Plan lOR for the purpose of the "Water Quality Work" (as herein defined) and the storm sewer route, and the lands now shown as Part 3 on Plan 10R..1213. Blocks 19 and 20 on the 40M Plan (turning circle Cecil Found Crescent) shall be tranSferred to the owner(s) of the abutting Lot(s) shown on the M Plan on the last to occur of (1) the date on which a Certificate of Completion of Works has been issued for the extension of Cecil Found Crescent northerly; (2) the date on which the Owner at its cost bas completed the removal of the constructed turning circle from the area of such easement, has installed any necessary replacement curbing and sidewalks on Cecil Found Crescent in such area, has installed topsoil and sodded the boulevards, on such area to finish Cecil Found Crescent including the boulevard and sidewalks in the area of such easement to the satisfaction of the Director (the "Cecil Found Restoration"); and (3) the date on which all of works comprising the Cecil Found Restoration have been accepted in writing by the Director. (2) Cash in Lieu of Lands for Park or Other Public Recreational PUlposes: On the execution of this Agreement, the Owner shall pay to the Town, as cash in lieu of the dedication by the Owner to the Town of lands for park or other public recreational purposes, the amount of five (5%) percent of the market value of the Lands which the Owner and the Town hereby acknowledge and agree to be properly calculated at the rate five (5%) percent applied against the sum of six hundred and forty-eight one hundred and fifty ($648,150.00) dollars being thirty-two thousand four hundred and seven dollars and fifty cents ($32,407.50). 0~ SCHEDULE -G" THIS SCHEDULE IS SCHEDULE -G" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. WORKS REOillRED 1. STORM SEWER SYSTEM The Owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls, any other appurtenances and any oversizing thereof as may be required in accordance with the Town's Design Criteria and Standard Drawings (the "Storm Sewer System"). The Owner agrees to produce Engineering Drawings for the Storm Sewer System, to the satisfaction of the Director. The Owner agrees to obtain any easements required by the Director which are external to the said Lands, at no expense to the Town for the disposal of storm water from the said Lands and transfer the same to the Town in accordance with paragraphs 2.4 and 2.6 of this Agreement. 2. ROADWAYS 't" The Owner shall construct and install the following seIVices including any oversized setvices on the streets shown on the Plan as follows: (a) Pavement widths to be applied to the streets shown on 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. (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 Drawingsof the locations shown on the approved Engineering Drawings. (,'1 (e) The Owner shall grade and pave all driveways between the curbs and sidewalks in accordance with the Town's Design Criteria and Standard Drawings. If sidewalks are not shown adjacent to any of the driveway(s) in question, the Owner shall grade and gravel such driveway(s) between the curbs and the lots lines in accordance with the Town's Standard Drawings and Design Criteria. (f) The Owner shall construct, install, energize and maintain street lighting, in accordance with the Town's specifications on all streets and walkways in this Agreement, to the satisfaction of the Director. (g) 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 of. (h) 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 of. 3. TURNING CIRCLES The Owner shall transfer to the Town land for the turning circle required by the conditions of approval of draft Plan of Subdivision 18T-88067 contained in Schedule "S" hereto in accordance with the Town's Design Criteria and Standard Drawings. In accordance with the written direction given to the Owner by ~:le Director, the Owner shall construct and maintain such turning circle as a temporary turning circle in accordance with the Town's Criteria and Standard Drawings to the satisfaction of the Director, provided that if at any time the Director gives the Owner written notice requiring it to do so, the Owner shall forthwith thereafter construct or reconstruct the turning circle as a permanent turning circle in accordance with the approved Engineering Drawings or Reapproved Engineering Drawings, whichever is then applicable, and the Town's Design Criteria and Standard Drawings. 4. CONSERVATION WORKS In addition to the work required by Schedule "Q", the Owner shall construct, install and maintain certain conservation works on land within this registered final Plan of Subdivision of the Lands including retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatus, in accordance with the Engineering Drawings approved by the Director of Public Works. roD 5. LOT GRADING The Owner shall rough-grade alllot(s) or block(s) in accordance with the Grading and Drainage Plan, to the satisfaction of the Director of Public Works. 6. LANDSCAPING (a) The Owner shall complete and install all landscaping requirements in accordance to the approved Landscaping Plan as set out in paragraph 4.2 and Schedule "U" of this Agreement. (b) 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 approved Landscaping Plan. 7. EXTERNAL SERVICE: WATER OUALI1Y WORK The Owner shall design, construct, install, supervise and maintain the water quality work consisting of the construction of water quality facilities, oversizing, landscaping, fencing, engineering and contingencies located on Part 2 on plan of survey of record deposited in tbe Land Registry Office as Plan 40R- , and the outfall to the Black Creek Tributary, in accordance with G.M. Semas & Associates Ltd.'s Project No. 91060, Drawing No. WQ-1, dated July, 1991 as finally approved by and on file with the Director (the "Water Quality Work"). The Owner agrees to maintain at its cost the Water Quality Work, to the satisfaction of the Director until the expiry of the period of the Maintenance Guarantee in respect of it. It shall be maintained in a neat and tidy condition, compatible with the abutting land uses. The maintenance required shall include but not be limited to items sucb as periodic grass cutting, control of noxious weeds, collection and disposal of litter and sediment and any maintenance works that may be necessary to maintain the intended function and operation of the Water Quality Work. G9 SCHEDULE "H" TIllS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. UTILITIES AND SERVICES REOUlRED 1. ELEcrRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the Lands, in the locations as approved by the Director. All electrical services are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the Works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 4. GAS SUPPLY SYSTEM The Owner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. I 7D 5. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. 6. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said Lands, in' the location as approved by the Director. I 7( SCHEDULE wlw THIS SCHEDULE IS SCHEDULE wIw to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. DUTIES OF OWNER'S ENGINEER 1. pESIGN 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 Works Cost Estimate; and (f) 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 Enghleer is hereby authorized by the Owner and shall act as tbe Owner's representative in all matters pertaining to the construction and installation of tbe Works and shall co-operate with the Town to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous inspection service during all phases of the construction and installation of the Works and the private works and to perform the following: (a) provide field layout including the provision of line and grade to the contractors and, where required, res taking; (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; / 71 (c) arrange for or cany 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 (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the as- constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation and make them available for examination by the Director as required by the Director. S. 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-CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare and submit as-constructed drawings required by the Director for the approval of the Director. j- SCHEDULE "J" 73 THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. WORKS COST ESTIMATES 1 STORM SEWERS 2 ROADS. YEAR 1 3 ROADS. YEAR 2 4 STREET TREES 5 STREETLIGHTING 6 FENCING 7 STORMWATER QUALITY WORKS 8 SILTATION CONTROL 9 GRADING (R.O.W. & FUTURE LOTS) $ 160,377.46 $ $ $ $ $ $ $ S 59,738.81 59,968.15 15,000.00 20,000.00 4,119.50 122,024.50 5,010.65 3.500.00 SUB-TOTAL $ 449,739.07 5% CONTINGENCIES S 22.486.95 SUB.TOTAL $ 472,226.02 10% ENGINEERING S 47,222.60 TOTAL ESTIMATED COST: S 519.448.62 TOTAL VALUE OF PERFORMANCE GUARANTEE: J 519J.448.62 The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised 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 shall be used as a basis to adjust the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimates. ; ,1 SCHEDULE wK" THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. INSURANCE REOUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Town's Treasurer and licensed in Ontario to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damage or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of tbe 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 tbat shall or may results from tbe storage, use or handling of explosives; (e) any loss or damage that sball or may result from the drainage of surface waters on or from tbe said Lands; (t) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that sball 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 witb any or all of tbe Works, Utilities and Services pertaining thereto. ~~ ~ 7~ 2. AMOUNTS OF COVERAGE REOUIRED 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 (55,000,000.00) 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 sboring, 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. 70 SCHEDULE wLw THIS SCHEDULE IS SCHEDULE wL" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director permission to carry out the blasting operation. 2. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purposes and such topsoil must remain within the limits of the said Lands. 3. DUMPING OF FILL OR DEBRIS The Owner shall not dump, or permit to be dumped, any fill or debris on the said Lands, or to remove or permit to be removed any fill from any land to be transfered to the Town, other than tbe roads witbin the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garbage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. 5. QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Town may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed on the direction of the Director. The costs of such tests shall be paid by the Owner. , 77 ,. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS During this Agreement the Owner at all times shall ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, are maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain at all times, all such roads free of dust and mud originating from the said Lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner shall not use or occupy any untravelled portion of any public road allowance without the prior written approval of the Town or authority having jurisdiction over such public road allowance. 7. :MAINTENANCE OF INTERNAL ROADS Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall remove any contamination of the granular base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads on the Lands are 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 RAT CONTROL After the commencement of construction, the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. / 7<J , . SCHEDULE .M" 11IIS SCHEDULE IS SCHEDULE .M" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table: LOT OR BLOCK NUMBER ON 40M PLAN PERMITIED LAND USE Lots 1 to 8 inclusive Residential- single family dwellings Lots 9 to 12 inclusive Residential - semi-detached dwellings Blocks 16, 17 and 18 Blocks 16, 17 and 18 shall be developed with adjacent lands and shall be maintained by the Owner until development takes place in a reasonable condition. Blocks 22 to 26 inclusive 0.3 m Reserves Block 21 Road Widenings Block 13, 14 and 15 Residential - Townhouse Units Blocks 19 and 20 Turning circle (see Schedule "F') 7, SCHEDULE "N" 1HIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for the erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER ON THE 40M PLAN LAND USE Blocks 16, 17 and 18 See Schedule "M" - -' -1'~_ ~ ~o SCHEDULE -0" THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. LANDS REOUlRlNG SITE PLAN APPROVAL The Owner shall not make or permit or offer any person(s) to make an application for a building permit for the erection of any building or structure on any of the lands listed in the following table until a Site Plan Agreement has been entered into with the Town and the building permit complies in all respects with the terms of the Site Plan Agreement. LOT OR BLOCK NUMBER ON 40M PLAN Block 13 Residential Townhouse Units / ---'- ~l SCHEDULE "P" THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. EXTERNAL SERVICES WATER QUALI'IY WORK Preliminary Total Estimated Cost: Owner's Share: $122,024.50 $122,024.50 _UH_1 ~1 . . SCHEDULE "P-I" THIS SCHEDULE IS SCHEDULE .P-l" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed the 16th day of September, 1991. FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS (1) TRULLS ROAD UPGRADING WORK: This Work (the "Trulls Road Upgrading Work") consists of the reconstruction of Trulls Road and the provision of storm sewer connections for the development More specifically, this Work includes excavation, grading, storm sewer, manhole, installation of granular "A" and "B", asphalt paving, sidewalk, streetlighting, topsoil and sodding of boulevards. Owner's Share: $158,213.00 (1) TRIBUTARY STORMWATER MANAGEMENT WORKS This Work (the 'Tributary Stormwater Management Works") consists of the Tributary Stormwater Management works for the entire watershed and more specifically, the construction of a Stormwater Management Facility, landscaping, fencing, erosion protection, channelization and engineering and contingencies. These works are defined in the "Black Creek Tributary Master Drainage Study" as prepared by G.M. Semas Ltd. draft dated May, 1991, as finally approved by and on file with the Director. Owner's Share: 53,371.22 / ---~- C?-s , , SCHEDULE "0" THIS SCHEDULE IS SCHEDULE -Q" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. CONSERVATION AUTHORITY'S WORKS (1) Prior to final approval of this plan and prior to the commencement of site preparation, including any filling, grading or alterations to a watercourse, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: (a) an erosion and sediment control plan; and (b) a site servicing and grading plan, which indicates 100-year overland flow routing and incorporates the recommendations of the Black Creek Tributary Master Drainage Plan and the Golder Associates hydrogeologic report for the site. (2) That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: (a) That the Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority, the following: (i) site grading, sedimentation control and major overland flow routing; and (ii) the requirements of tbe Black Creek Tributary Master Drainage Plan pertaining to the site. __1- ?y SCHEDULE -R- THIS SCHEDULE is SCHEDULE QR" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. ENGINEERING AND INSPECTION FEES Estimated Costs of Works ~ Up to $100,000.00 4% to a maximum of $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services - ~ whichever is greater $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of Works shall include the Cost Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Town are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Town. The aforesaid amount is to be paid prior to issuance of the Authorization to Commence Works for each stage shown on the Staging Plan. zc; I . SCHEDULE .S" THIS SCHEDULE IS SCHEDULE .S" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. REGION'S CONDITIONS OF APPROVAL DATED APRIL 2.1991 1. That this approval applies to draft plan of subdivision 18T-88067, prepared by Design Plan Services Inc., identified as job number B-8824-3, dated October 17, 1990, revised in red, which illustrates 8 lots for single detached dwelling units, 4 lots for 8 link dwellings, 1 block for 14 on-street townhouse units and various blocks for 0.3 metre reserves, road widenings and future development. 2. That the road allowances included in this draft plan shall be dedicated as public highways. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Regional Municipality of Durham and the Town of Newcastle. 4. That Block 17 shall be dedicated to the Town of Newcastle as public highways for the purpose of widening Trulrs Road. 5. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authorities. 6. That any deadends and/or open sides of road allowances created by this draft plan shall be terminated in a 0.3 metre reserve to the satisfaction of, and be conveyed to, the Town of Newcastle. 7. That the Owner shall convey land to the Town of Newcastle for park or other public recreational purposes in accordance with The Planning Act, as amended. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 8. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Town of Newcastle in accordance with The Planning Act 1983, as amended. 9. That major and minor drainage systems shall be designed in accordance with the "Black Creek Tributary Master Drainage Study", prepared by G.M. Sernas & Associates Ltd., revised and dated May, 1990 and that the major and minor drainage <:t6 . . systems design shall meet the approval of the Town of Newcastle. 10. That the Owner shall submit a Hydrogeologist Report, prepared by a qualified Engineer, to the Town of Newcastle, demonstrating that the proposed development will not adversely impact the existing wells in the surrounding area. 11. The Owner shall submit a Tree Preservation Plan, prepared by a qualified consultant, to the town of Newcastle for review and approval. 12. The Owner shall submit a Master Drainage and Lot Grading Plan, prepared by a professional engineer, to the Town of Newcastle for review and approval. 13. That the Owner shall implement the recommendations of the Acoustic Report, entitled "Noise Impact Study", prepared by G.M. Semas & Associates Ltd., dated October, 1989 for 18T-89035, and the addendum dated December 13, 1990, specifically referring to 18T-88067, which specifies the necessary noise attenuation measures for the proposed development, and that noise measures be included in the subdivision agreement between the Owner and the Town of Newcastle. The said agreement must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addendums thereto) and shall include any required warning clauses identified in the acoustic report. 14. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities withip. the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 15. That prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plan capacities are available to the proposed subdivision. 16. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Town of Newcastle concerning the provision and installation of roads, services, drainage and other local services. / o? I, 17. Prior to final approval and prior to the commencement of site preparation, including any filling or grading, the Owner shall obtain Central Lake Ontario Conservation Authority approval of: (a) an erosion and sediment control plan for the site; and (b) a site servicing and grading plan, which indicates tOO-year storm run-off overland flow routing and incorporates the recommendations of the Black Creek Tributary Master Drainage Plan. 18. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 19. That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: (a) That the Owner shall carry out, or cause to be carried out, to the satisfaction of the Central lake Ontario Conservation Authority, the following: (i) site grading, sedimentation control and major overland flow routing; and (ii) tbe requirements of the Black Creek Tributary Master Dra}.1age Plan pertaining to the site. 20. That prior to final approval of this plan for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: (a) The Town of Newcastle, how Conditions 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12, 13 and 16 have been satisfied; and (b) The Central Lake Ontario Conservation Authority, how Conditions 17 and 19(a) have been satisfied. AMENDMENTS TO REGION'S CONDITIONS OF APPROVAL DATED .JULY 23, 1991 Condition No. 1 That this approval applies to red-lined revised draft plan of subdivision 18T-88067, prepared by G.M. Sernas & Associates Ltd., dated June 1991, which illustrates 8 lots for single detached dwelling units, 4 lots for 8 single detached dwelling units, 4 lots . . Condition No. 6 Condition No. 20 Condition No. 20 Condition No. 21(a) (previously Condition No.20(a)) 9~ for 8 semi-detached dwelling units, 3 blocks for 13 on-street townhouse units, and various blocks for 0.3 metre reserves, road widenings, site triangle, turning circles, temporary easements and future residential development. That Blocks 21, 22, 23, 24, 26, 27 and 28 and any other deadends and/or open sides of road allowances created by this draft plan shall be terminated in a 0.3 metre reserve to the satisfaction of, and be conveyed to, the Town of Newcastle. Shall become Condition No. 21 and a new Condition No. 20 shall be added as follows: That if the development to the north (18T-91006) does not proceed, Block 20, being a turning circle, shall be built as a permanent road as per Town of Newcastle standards. The Town of Newcastle, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16 and 20 have been satisfied; and. ~ '69 . . SCHEDULE "T" THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. TREE PRESERVATION PLAN (See Attached) -_/- I I I I:" 10 r-- \ I --- ~ r---- f., ,---:1' r-l'Il.--, " ,( I 1 ' 1'---1 /' e VI .,. d "/, ,;' \ - I , il I 01 .1" );) . I '-L _ _-I I ::: ~ ~ I / T \ ~ );)1 .:' II?) . I ~ I \ . I i~:!llo--i // I \ :: : ;~, ~--:-l ; I \ . I- _ _~ :i ;. ~.:. _ ..1/ : I '" \ 1 I I I il I"j\: IQ-:' _1 ~ I \ I" I: :, I?) I I \ I : : 10 iI I .. . '. _ I 1', .s I k I .. VI: r: _\..___I__.-:-.J i: r' ...;:__l._____~_ RULL ~lloAD ...L .J-~.,...1: ,I I ~~~';;~;,i(~;;:::- ,~,;' ~,~ ~ ~~ ~~= ~= - ~-'- :::: ~ -=:~-=;-~~:~~;::::: ~=-~ - - - - ~- -.~-:--------- lor Jl !... lor Jr C::! I ~ TREES TO BE PflfS(RVED la'" la'" I I R B " .... ...... KEY PLAN ~ ft{~~~~~~~~J --..:cr Nt7Qn . _ JIlD .. n....r==i ". ~~==..:.:...-==-=:.:.::== :..:..... -::::=:::::-==- - --- _M==~----~----~ () ..-. TRULLS - DELBERT DEVELOPMENT TRUU.S ROAD TOWN 01' NEWCASTl.E, otn'ARIO ..- -~- ...~ bud""'o. ....01.C.. limited '_",heeDe .,chltecU .70...-.....-. _2" ..... -..01'...... '-'3e 3d) .u........JOI .1........IJOt TREE PRESERVATION STUDY ~,DtM~==:S. c...A WWQi NO. Of' .. I DA 1'[1) .w<<.WI'Y ., I '. <. ...- IlA -.... .' ..,. 25 FEBRU.lRY. 1991 ..- .:1000 JWOtKt no. 901 - 504 ...... no. L.J ~ c:::::f 91 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. LANDSCAPING PLAN (See Attached) r. --- _/~--- l1S c- I I . . . . I ., , , I , ~ I I I ~ I . 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IPIlUO aoor .....u -- 0IIWl ASIf -- ....eW: GWll-IMN_ - -- _ &'8, -- - -- .....S.tL -- - -- '_all. _FaRM - -- .__ S.8. -- - -- _$08. -- =~ 1Ift=:tr - - .~......--....~ ....................--.. _1PL-" ....---...-.i .......1$fP.1llloII\S_ "" - ... .---"-..............-------.....- ------.....................-..-......... ........---.------........ .. ........ ...-.-...... -.........., -....... ........-.........--------................ ---.-........-. -~- -_. .......... ....... .....ec.... elPc,.lt.e,. ..'.....~....a,. ...............~~..1' ---- -........ -. TRlLt.s-IlE.'UISIT CIEYl!I.OPMEIfT RUClENTIAl. IUIlflI\/ISION. T....... _....... _1IOIIIl . T_ W NEWCAs1U!._AND ......... CONSTRUC11ON DETALS -M:r.. ........ ..... OCT:~.IMI ... 1:000 -- 911-504 ....,. l-3 >, SCHEDULE WV" mIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. REQUIREMENTS OF OrnER AGENCIES (See Attached) / _ __ ___ _J q5 " ~ q" fI/ << SCHEDULE 'W" TIllS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized and approved by By-law No. 91-138 of the Corporation of the Town of Newcastle, enacted and passed on the 16th day of September, 1991. ARCHITECTURAL CONTROL STANDARDS , All dwellings to be erected on the said Lands shall satisfy the following architectural control standards: 1. EXTERNAL MATERIALS: a) Exterior construction must be a minimum of forty (40%) percent masonry products excluding stucco and concrete blocks. No substitution is allowed except by written permission of the Director of Planning and Development. b) Dwellings sited at comers require full height masonry products on all elevations. 2. COLOURS: a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such as earthtone range, pastel range, grey /black range etc. b) Where bricks are used, coloured mortar is required. c) Accent colour bricks for brick detailing is permitted provided if used consistently in group of dwellings. d) Colour of caulking around metal flashing or windows is required to match colour of brick or siding. 3. REPETITION OF ELEVATIONS AND STYLES: a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty- five (25%) percent exterior variations in elevations or colour schedule. b) Dwellings of identical elevation and/or colour schedule must be separated by a minimum of four (4) lots. ~ . ~ g7 c) Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the same architectural influence. 4. OTHERS: a) All metal roof vents and stacks must be located in the rear slope of roofs and must be painted to match the roof colour if exposed to public view. b) All dwellings must carry brick veneers to within twelve (12) inches of grade on front elevation and within twenty (20) inches on side and rear elevations. Exposed concrete foundation in excess of the aforementioned standard will not be permitted. c) The Owner shall encourage the builder of dwellings to vary siting and setback of dwellings. d) The above standards are minimum standards and builders are encouraged to exceed the standards as long as the objective of creating attractive and aesthetically pleasing appearance is achieved.