HomeMy WebLinkAbout91-139
DN: VELTRI. BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91- 139
being a By-law to authorize the entering into an Agreement with
848601 Ontario Inc. and the Corporation of the Town of Newcastle
for the development of Plan of Subdivision 18T 89035.
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 the said Corporation in respect of Plan of Subdivision 18T-
89035.
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
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THE CORPORATION OF THE TOWN OF
NEWCASTLE SUBDIVISION AGREEMENT
WITH 848601 ONTARIO INC.
DRAFT PLAN NO. 18T-89035
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848601 ONTARIO INC.
SUBDMSION AGREEMENT WITH
THE CORPORATION OF THE TOWN OF NEWCASTLE
PLAN 40M-1684
DRAFT PLAN NO. 18T-89035
Part of Parcel 30-1, Section Cone. 3, Newcastle,
being Part Lot 30, Concession 3, Geographic
Township of Darlington, Town of Newcastle, Regional
Municipality of Durham, designated as Part 1, Plan 40R-13783
INDEX
1. Subdivision Agreement registered as Instrument No. LT572716
2. Certificate of Solicitor
3. Application by Municipality for Inhibiting Order registered as Instrument No.
LT577464
TRANSFERS REQUIRED PURSUANT TO SUBDMSION AGREEMENT
Transfers of Easements
Intraplan Easements
4. Transfer of Easement for Rear Yard Catch Basins & Storm Sewers registered as
Instrument No. LT582954 with attached Postponements of Charge registered as
Instrument Nos. LT582967 and LT582968
Extraplan Easements
Nil
Transfers of Fee Simple
Intraplan Transfers
5 Transfer of:
(i) Reserves; and
(ii) Open Space
registered as Instrument No. LT582949
6. Transfer of Block 29 (Note: Not set out as a requirement in the Subdivision
Agreement but was a condition of Draft Plan approval) registered as Instrument No.
L T582950
Extraplan Transfers
Nil
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~ Province
of
.".". Ontario
Document General
Form 4 - Land Reglstl'lltlon Reform Act, 1984
· t
DVE & DURHAM CO. LlMlTEe
Form No. 985
D
(1) Registry 0
(3) property
ldentlfler(s)
Lend TItI.. m T (2) Page 1 of Vi. ~pages 1
Block Property
Additional:
See 0
Schedule
(4) Nature of Document
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Nc.tke of Subdivision Agreement (Section 74 of the Act)
(5) consideration
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Dollars $
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Schedule 0
(6) Description
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 1 on Reference Plan 40R-13783
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Additional:
See
Schedule
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(7) This
Document
eom.Jns:
(a) RedescriptiOn
New Easement
PlanlSketch
i (b) Schedule for:
I Additional
D! Description 0 Parties 0 Other 0
(8) This Document provides as follows:
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of 848601 Ontario Inc. as Part of Parcel 30-1, 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.
Continued On Schedule
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( (9) This Document rele'" to Instrument number(s)
(10)PartJ(les) (Set out Status or Interest)
Name(s)
. . . THE. COIWORA'11.0N OJ! .WE lOWN. . .
OF NEWCASTLE by it solicitors
. SHIBLEY RIGHTON per. Nicllolas . . . .
T. Macos
Date of Signature
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..... .~:..?.~..... !l991. !ll.i.'-:~
Nicholas T. Macos !! i
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Signature(s)
(11) Add.....
for Service 40 Temneranr.e Street Bowmanville Ontario LlC 3A6
(12) party(ieI) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
.. .; .. .. .. .. .. .. .. .. .. .... ........ .. .. .. .. .. .. .. .0
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(13) Add.....
for Service
not .assigned
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario MSH 2Z1
Attn: Nicholas T. Macos
II,
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Fees and Tax
(14)Munlclpal Add..... of Property
(15) Document Prepared by:
110174 (12/84)
Total
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,
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 -
ROYAL BANK OF CANADA
727114 ONTARIO LIMITED, LAGES HOLDINGS INC.,
GINAEL HOLDINGS LIMITED and CARL SCHWARZ
SUBDIVISION AGREEMENT
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INDEX
ARTICLE 1. INTERPRETATION AND SCHEDULES ...................
1.1 Definitions. . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
1.2 Schedules. . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
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ARTICLE 2 - GENERAL .... . . . · · . · . · · · · · . · · · . · · · · · . · · · · . · · · . . . . . .
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2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
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Recitals in Operative Part of Agreement .....................
Certification of Ownership
Copy of Plan and Agreements Required ........... · . · · · · · · · · ·
Transfer of Easements ....................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of I..ands . . . . . . . . . . . . . . · · · . . · · · · · · · · · · . · · · · · · . .
Registration of Transfers
Postponement of Mortgages
Charge on I..ands
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of Agreement ... . . . . . · · · · · · · · · · . · · · · · · · · · . · . .
Renegotiation and Amendment of Agreement ..................
Town to Act Promptly . . . . . . . . . . . · · · . · · · · · · · · · · · · · · · · · · · ·
Assignment of Agreement
Replacement of Draft Plan with Final Plan(s)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
Notification of Owner ...................................
Successors ...........................................
ARTICLE 3 - FIN.AN'CIAL . . .. . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Payment of TSlX-es ......................................
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3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
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Payment of Local Improvement Charges
. . . . . . . . . . . . . . . . . . . . .
Payment of Drainage Charges .............................
Payment of Development Levies . . . . . · · . · · · . · · · · · · · · · · · · · · · ·
Cash in Lieu of I..and Dedication . . . . · · . · · · · · · · · · · · · · . · · · · · ·
Performance Guarantee Required
Use of Performance Guarantee
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification of Town .................................
Insurance . . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · .
Maintenance Guarantee Required ..........................
Use of Maintenance Guarantee ............................
Requirements for Release of Performance Guarantee ............
Requirements for Release of Maintenance Guarantee ............
Payment of Town's Costs. . . . . . . . . . . . · · · · · · · · · · · . · · · · · · · · ·
Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
Occupancy Permit Deposit
. . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . .
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ARTICLE 4. PLANNING
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tree Presenration Plan ..................................
Landscaping Plan and Landscaping Requirements ..............
Use of Lands .........................................
Lands Unsuitable for Building
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 4
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2S
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29
31
31
32
Purposes ............................................ 33
4.12 Special Conditions ..................................... 33
Lands Requiring Site Plan ...............................
Requirements for Building Permits .........................
Model Homes ......... . . · · . · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Architectural Control Standards ...........................
Requirements for Sale of Lands . . . . . . . . · · · · · · · · · · · · · · · · · · · ·
Requirements for Occupancy Permit ........................
Cash in Lieu of Lands for Park or Other Public Recreational
ARTICLE 5 - PUBLIC WORK.S ....................................
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
Town Works Required . . . . · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Utilities and Services Required ............................
Owner's Engineer ......................................
Design of Works . . . . . . . · · . · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
Approval of Engineering Drawings . . . · · · · · · · · · · · · · · · · . . · · · · ·
Approval of Grading and Drainage Plan .....................
Not Used ............................................
Approval of Scbedule of Works ............................
Approval of Works Cost Estimates and Stage 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 ......................
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Page 5
5.2,7 ()venlzed Seniees ..................................... 4'
5.28 Not Used ............................................ 50
5.2' Cost or Works Rererred to In Schedule "G" . . . . . . . . . . . . . . . . . . .. 50
ARTICLE , . COMPLIANCE wrm REGULATIONS ................... SO
ARTICLE 7 . RESPONSIBILI'IY OF SUBSEQUENT OWNERS .......... 50
ARTICLE 8 . TIME OF ESSENCE .... '. . . . . . . . . . . . . . . . . . . . . . . . . . .. 50
ARTICLE , . AUTHORI1Y TO MAKE AGREEMENT ................ 50
SCHEDULES TO AGREEMENT
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule It,.
"Legal Description of the Lands.
"Plan of Subdivision (reduction).
"Charges Against the Lands"
"Development Levies"
Il'fransfers of Easements"
"Lands to be Transferred to Town and/or Cash to be Paid in
Ueu Thereot'
"Works Required"
"Utilities and Services Required"
"Duties or Owner's Enginee....
"Works Cost Estimates"
"Insurance Required"
"Regulations ror Construction"
"Use or the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
"Tree Preservation Plan" /
"Landscaping Plan" (reduction)
"Requirements or Other Agencies"
"Architectural Control Standards.
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "".
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0.
Schedule .p"
Sch~ule "Q"
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Schee,ule "R"
,
Schedule "S"
Schedule 'T'
Schedule "U"
Schedule "V"
Schedule "W"
.
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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.
(hereinafter 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
mortgagees or chargees 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-89035 of the
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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 Commi!1.sion 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 requirementst financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-89035;
H This Agreement is made pursuant to the provisions of Subsection 50(6) of
the Planning Act, 1983 and is authorized by By-law 91-139 passed on September 16, 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.
(c) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
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Page 8
(d) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(e) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(f) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement
(g) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(h) "Council" means the Council of The Corporation of the Town of Newcastle.
(i) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(j) "Development Charge By-law" has the meaning assigned to it in paragraph
3.4(2) of this Agreement.
(k) "Development Levies" has the meaning assigned to it in Schedule "0" of this
Agreement.
(1) "Director" means the Dil'ector of Public Works of the Town of Newcastle or
his designated representative.
(m) "Director of Community Services" means the Director of Community Services
of the Town of Newcastle or his designated representative.
(n) "Director of Planning" means the Director of Planning and Development of
the Town of Newcastle or his designated representative.
(0) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement.
(P) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement.
(q) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
,
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Page 9
(r) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(s) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(t) "Lands" has the meaning assigned to it in Recital A of this Agreement
(u) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
(v) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(w) "Minister" means the Minister of Municipal Affairs, Ontario.
(x) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(y) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(4) of
this Agreement.
(z) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this
Agreement.
(aa) "Occupancy Permit Deposit" has tL.; meaning assigned to it in paragraph
3.16(1) of this Agreement.
(bb) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2)
of this Agreement.
(cc) "Oversized Services" has the meaning assigned to it in paragraph 5.27 of this
Agreement.
(dd) "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,
(ee) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of the Province of Ontario.
7
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Page 10
(ff) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(gg) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 55 of this Agreement.
(hh) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(ii) "Region" shall mean the Corporation of the Regional Municipality of Durham.
GD "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(kk) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(ll) "Solicitor" means the Solicitor for the Town.
(rom) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(nn) "Town" means The Corporation of the Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
(00) "Treasurer" meanS?the Treasurer of the Town of Newcastle or his designated
representative.
(Pp) "Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(qq) ''Works'' has the meaning assigned to it in paragraph 5.1 of this Agreement.
(rr) "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.
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Page 11
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "s"
Schedule 'T'
Schedule "U"
Schedule "V'
Schedule "W"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof'
"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"
Not Used
"Conservation Authority's Work"
itEngineerhlg and Inspection Pees"
"Region's Conditions of Approval"
"Tree Preservation Plan"
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "A"
Schedule "B"
Schedule "C'
Schedule "D"
Schedule "E"
Schedule "F'
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of Aueement
The Owner represents and warrants to the Town that each of Recitals A to G of this
Agreement is correct.
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Page 12
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 of Plan and Aveements Required
On the execution of this Agreement, the Owner shall provide the Town with as many
copies as the Town requires of the final Plan of Subdivision of the Lands as approved by
the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The
draft final Plan of Subdivision as proposed by the Owner (the "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 the Owner and the Region with respect to the Lands if
the aforesaid Plan has been approved and Agreement has been executed by the Parties
thereto at the time of the execution of this Agreement. If at the time of the execution of
this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid
Agreement between the Owner and the Region has not been executed, the Owner shall
provide the Town with a copy of the aforesaid Plan with the stamp of approval of the
Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region
and the Owner forthwith after approval of the aforesaid Plan is granted and/or the
aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to
the Town, at the time of execution of this Agreement, one (1) copy of each of the
Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric Commission
or other authority or company having jurisdiction in the area of the said Lands for the
design and installation of the Utilities and Services, or, if such Agreement(s) have not been
executed at the time of the execution of this Agreement, the Owner shall provide the Town
with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is
executed by the Parties thereto.
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Page 13
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town
the executed transfers of easements wbicb 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 sucb 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
consideratio~ shall contain provisions satisfactory to the Town's Solicitor, and shall
be in registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s),
in the opinion of the Director further easements in such lot(s) or block(s) are
required to be transferred to the Town, the Region of Durham, the Newcastle
Hydro-Electric Commission or other appropriate authority or company for Town
purposes, Region of Durham purposes or for Utilities and Services, as the case may
be, or for drainage purposes, the Owner agrees to transfer to the Town, the Region
of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority
or company, as the case may be, such further easement(s) forthwith after a written
request to do so is given to it by the Director. Notwithstanding the foregoing, the
Director shall not request such further easement(s), if its creation would prevent the
erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. H
further easements are requested to be transferred to the Town, the Region of
Durham, the Newcastle Hydro-Electric Commissio~ or other appropriate authority
or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with
all necessary changes to it being considered to have been made to give effect to the
intent of this paragraph 2.4(2)
2.5 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 25 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.
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Page 14
2.6 R~stration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 25 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 10t(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 Morteaees
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 obtains 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.
2.8 Cha~e on Lands
The Owner hereby charges all its interest in the lands with the obligations set out
in this Agreement.
2.9 Re~stration or 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 portion(s) 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 portion(s) 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.
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Page 15
2.10 Rene:otiation and Amendment of A&reement
(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
(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.
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Page 16
(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 by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.11 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.U Assi~ment of Aireement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.13 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-89035 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 liB".
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Page 17
(2) On a final Plan of Subdivision implementing Plan 18T-89035 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-89035 for the purposes
of this Agreement. All amendments necessary to this Agreement shall be considered
to have been made to it and to the descriptions and references contained in it,
including without limiting the generality of the foregoing, Schedules "B", "E", "F, "0",
"N", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T -89035 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.14 Notification or Owner
H 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,t:llis 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.
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 "C' hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
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Page 18
3.2 Payment of Local Improvement ChaJ"&es
Prior to the date of execution of this Agreement, the Owner shall pay all charges
with respect to local improvements assessed against the said Lands as set out in Schedule
"C' hereto. Such charges shall include the Town's share of any local improvements which
serve the said Lands and shall include the commuted value of such charges including
charges falling due after the date of the execution of this Agreement.
3.3 Payment of Drainaee Charees
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, c500 against the Lands, as set out in Schedule "C' hereto,
including the commuted value of such charges falling due after the date of execution of this
Agreement.
3.4 Payment of Development Levies
(1) The Owner shall pay all "Development Levies" (as defined in Schedule "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 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 "D"and "G" are intended nor shall they be considered
to have the effect of exempting the Owner in whole or in part from, or making
inapplicable to the Owner, or making inapplicable in respect of the development of
the Lands, a development charge that after the date of this Agreement may be
imposed by the Town by passing a By-law (the "Development Charge By-law") under
the Development Charges Act, 1989 (the "Act"), and none of them shall be used as
a justification for or the basis of granting the Owner a credit of any amount in
determining the development charge payable by the Owner under such By-law and
Act. Further, without limiting the generality of the foregoing, it is understood and
agreed by the Parties, that the Owner's agreement to pay Development Levies
pursuant to paragraph 3.4(1) and Schedule "0" in respect of the development of the
Lands or any part thereof is not intended by the Parties and shall not have the effect
of limiting the Owner's obligation to pay only that portion of a development charge
otherwise imposed by a Development Charge By-law which is not in excess of the
amount of the Development Levies on the date of issuance of any building permit
under the Ontario Building Code Act for a dwelling(s) proposed to be constructed
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Page 19
on the Lands that would have been payable under paragraph 3.4(1) and Schedule
"D" if the Town had ilot passed a Development Charge By-law.
3.5 Cash in Lieu or 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 paragraphs 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 (l;uarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) required to remedy the Owner's default at the
date of the appropriation. Forthwith after making each such appropriation, the Director
shall give the Owner written notice thereof and the Owner shall forthwith reinstate the
Performance Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions, claims, liabilities, 10ssesJ 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.
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Page 20
(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 Direc'(ur 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
for the Maintenance Guarantee shall be in an amount not less than fifteen (15%)
percent of the cost of the Works in question referred to in Schedule "]" hereto. In
the event that the Owner fails to perform the Maintenance Guarantee, the Town
may correct, remedy, repair or replace the defective or deficient Works, portion of
Works or component thereof and appropriate the whole or any part of the Security
for the Maintenance Guarantee as is necessary to indemnify the Town in respect of
the cost of doing so.
(3) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works covered by the Certificate of Completion referred to in
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Page 21
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) inc1udini 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.
3.11 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
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required by this Agreement.
3.12 Requirements for Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. The maximum reduction that may be permitted to be made by
the Director is to an amount equal to the value of the uncompleted Works and the
other facilities and improvements, as determined by the Director, plus fifteen (15%)
percent of the value of the completed Works, facilities and services, also determined
by the Director having regard to the Progress Certificate prepared by the Owner's
Engineer in respect of the completed Works if such has been submitted to the Town
by the Owner.
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Page 22
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) a Certificate of Completion has been issued for the Works for which such
Performance Guarantee is required under this Agreement;
(b) the Owner has deposited with the Town, the Maintenance Guarantee applying
to the Works for which the Performance Guarantee was required; and
(c) the Town is satisfied that in respect of the construction and installation of the
Works for which such Performance Guarantee was required, there are no
outstanding claims to such Works.
3.13 Requirements for Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works.
(c) The Town has received the as-built drawings for such Norlcs from the Owner.
3.14 Payment of Town's Costs
(1) On the execution of this Agreement the Owner shall reimburse the Town for all
reasonable, legal, planning, engineering and other technical advice, and
administrative expenses actually incurred for the preparation and registration of this
Agreement and the reasonable cost of all legal services contemplated by the terms
of this Agreement, which include the review of the Performance Guarantee, the
review of the Security for the Maintenance Guarantee and the preparation of a
Certificate(s) of Release, provided that services have actually been performed for the
Town.
(2) Mter the date of execution of this Agreement, forthwith after written notice is given
to the Owner containing reasonable particulars thereof, the Owner shall reimburse
the Town for all reasonable legal, planning, engineering and other technical advice,
and administrative expenses actually incurred by the Town in connection with the
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Page 23
preparation, processing and approval of the "Frent-Ending Agreement(s)" necessary
to implement paragraph 5.27 of this Agreement.
(3) The Owner shall pay te the Tcwn fer all estimated engineering and inspection costs
in accordance with the previsiens .of Schedule"R" forthwith after a written demand
therefor is given to the Owner by the Director.
(4) After giving reasonable netice to the Tcwn, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraphs 3.14(1), 3.14(2) and 3.14(3).
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 te the interest so calculated and payable, an amount which is equal
tD 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 fifteen
thousand ($15,000.00) 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
paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s)
pursuant to paragraph 4.10. The letter .of credit shall contain terms satisfactory to
the Town's Treasurer. In the event that occupancy of dwelling(s) occurs befere 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 DepDsit
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
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Page 24
Owner shall restore the Occupancy Permit Deposit to the full amount of fifteen
thousand ($15,000.00) dollars. The Occupancy Permit Deposit or the unused portion
thereof shall be returned to the Owner at such time as the last dwelling which may
be constructed on 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:
(a) the location and approximate size of all existing trees over 30.5 em in
circumference at 1.5 m above the ground; and
(b) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
(2) No work shall be done or caused or permitted to be done by the Owner to remove,
destroy or damage any tree existing at the date of this Agreement. No existing tree
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Page 25
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 "1'".
4.2 Landscapin~ Plan and Landscapin& Reqllirements
(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 "Landscapmg 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:
(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 (3.5) m in height and six (6)
em in calliper, staked and bagged;
-- ----"--
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Page 26
(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
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.
4.4 Lands Unsuitable for Buildinl
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 (or 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
~irector of Public Works and/or any other authority having jurisdiction in respect of the
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Page 27
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of p]~nning.
4.5 J.,ands Requirine Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any lot(s) or block(s) within the Plan 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 Buildin& 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 shall be taken to give any
assurance to the Owner or to any other person that building permits for buildings proposed
to be constructed on any portion of the Lands when applied for, will be issued. Without
limiting the generality of the foregoing, the Owner will not apply for or cause or permit an
application to be made by any person for a building permit for a building proposed to be
constructed on any of the Lands, made until the following requirements are satisfied:
(a) all easements for the purposes of the Town, the Region of Durham or the Newcastle
Hydro-Electric Commission or for the purpose of Utilities and Services referred to
in Schedule "H", or for the purpose of drainage in the lot(s) or block(s) in respect
of which an application for a building permit(s) is made, have been transferred to
the appropriate person as required by this Agreement;
(b) all the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base course of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s);
(c) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(b) have been constructed and installed to the satisfaction of the
Director;
(d) all of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the
Newcastle Hydro-Electric Commission and/or tbe authority or company having
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Page 28
jurisdiction over such Utilities and Services. Alternatively, the Town has received
written confirmation from such Commi~ion, 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 lot(s) or block(s) in accordance with paragraph 4.5 of this
Agreement;
(j) the Performance Guarantee and in all cases required by this Agreement, the Security
for the Maintenance Guarantee provided for in this Agreement have been deposited
with the Town and are in good standing;
(k) the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
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(I)
(m)
(n)
(0)
4.7
Page 29
the Owner has erected or caused to be erected a sign displaying all road(s), lot(s)
or block(s) within the Plan sufficient to illustrate the future housing types and
distribution, the location of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision of such abutting
lands;
(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;
the Owner has provided written confirmation that all dwelling(s) to be erected on
the Lands in which the lot(s) or block(s) in question is located, satisfy the
Architectural Control Standards contained in Schedule "WI hereto; and
the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
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:
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Page 30
(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 10t(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.
(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).
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Page 31
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 ror Sale or 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;
(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 tbe generality of tbe foregoing, are subject
to the provisions of paragraphs 4.12(7), 4.12(8) and Article 7 in respect of the
obligations of subsequent owners;
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Page 32
4.10 Requirements for Occupancy Pennit
(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 tbe 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 satisf.ftion of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the Grading and Drainage Plan with respect to the lot(s) or block(s) in
question; and
(t) the building has been finally inspected and approved pursuant to the Ontario
Building Code Act, the Ontario Building Code and the Plumbing Code.
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Page 33
(2) The Owner agrees with the Town that prior to the issuance of a "Temporary
Occupancy Permit" referred to in Section 1.10(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 "Noise Impact Study" referred to in paragraphs 4.12(4)
and 4.12(9) 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 PUl:poses
On the execution Df this Agreement, the Owner s~all pay to the Town in cash the
amount of cash in lieu of the transfer of land to the ';:')wn for park and other public
recreational purposes set out in Schedule "F'.
4.12 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
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Page 34
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-89035 dated October,
1989 as prepared by G.M. Semas & Associates Ud. (the "Noise Impact Study")
including those specific items noted below:
Summary of Recommended Abatement Measures
Number
Lot
Abatement Measures
Location
1 1" Provision for Central A/C South and West lot
1.8m Noise Fence lines abutting Trulls
Road.
2 2" Provision for Central A/C West lot line
1.8m Noise Fence abutting Trulls Road
3 3-- Provision for Central A/C West lot line
1.8m Noise Fence abutting Trolls Road
4 4-- Provision for Central AIC West lot line
1.8m Noise Fence abutting Trulls Road
.
5 5-- Provision for Central A/C \}\fest lot line
1.8m Noise Fence abutting Trulls Road
6 6" Provision for Central AIC West lot line
1.8m Noise Fence abutting Trulls Road
7 7" Provision for Central A/C West lot line
1.8m Noise Fence abutting Trulls Road
8 8-- Provision for Central AIC West lot line
1.8m Noise Fence abutting Trulls Road
9 9-- Provision for Central A/C West lot line
1.8m Noise Fence abutting Trulls Road
10 10. Provision for Central AIC West and North lot
.. 1.8m Noise Fence lines abutting Trulls
Road and open
space Bloc 31 on
40M-
11 28.. Provision for Central A/C West and South lot
... 1.8m Noise Fence lines abutting Trulls
Road and open
space Block 31 on
40M-
.. 1
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Page 35
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(5)
(6)
(7)
Warning Clause "A"
Warning Clause "B"
Warning Clause "C'
The following Warning Clause "A" regarding outdoor noise levels shall be attached
to all Offers of Purchase and Sale of the dwelling for Lot 10 on the 40M Plan:
"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."
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:
Lots 1 to 10 inclusive and 28.
"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 heating system and ducting
sized to accommodate a central aii 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)".
The following Warning Clause "C' regarding outdoor noise levels shall be attached
to all Offers of Purchase and Sale of the dwelling for Lot 28 on the 40M Plan:
"Purchasers are advised that noise levels due to increasing road
traffic may be of concern occasionally interfering with some
activities of the building occupants."
(8)
The Owner shall comply with the provisions of Schedule "Q" and Schedule "V'
hereto.
(9)
The Owner shall implement the recommendations contained in the Noise Impact
Study. Without limiting the foregoing, the Owner shall:
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Page 36
(a) construct one point eight (1.8) metre high acoustical noise barrier fencing on
the relevant lots and blocks referred to in the Final Noise Impact Study;
(b) place on title appropriate warning clauses for each of the lot(s) or block(s)
in question in accordance with paragraphs 4.12(5) and 4.12(6) and 4.12(7);
and
(c) by implementing the construction techniques described in the Final Noise
Impact Study, construct each dwelling in accordance with that Study.
(10) Any deadends and/or open side of road(s) allowances created by this draft Plan
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(10).
(11) 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(9) 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.
(12) The Owner shall remove all buildings and structures presently erected on Lots 4, 21
and 22 on the 40M Plan prior to the issuance of a building permit(s) for the Lot(s)
on which it is proposed to construct a new building.
(13) The Owner shall not apply for or permit or suffer any person(s) to apply for building
permits for Lots 1 to 22, inclusive, until Street liB" shown on draft Plan of
Subdivision 18T-89035 is extended southerly through to Street "A" shown on draft
Plan of Subdivision 18T-88067.
ARTICLE 5. PUBLIC WORKS
5.1 Town Works Required
The Owner at the Owner's expense, shall 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
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Page 37
of Acceptance, the Works referred to in such Certificate shall be the responsibility of the
Town.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other
authority or company having jurisdiction in respect of the Utilities and Services referred to
in Schedule "M" in the area in which the said Lands are located which provides for the
matters referred to in Schedule "H".
5.3 Owner's En~neer
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. Semas and Associates Ltd. has been retained as the Owner's
Engineer.
5.4 Desi2D or Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with
the Town's Design Criteria and Standard Detail Drawings. In the event of any
'dispute as to such requirements or their interpretation, the dispute shall be resolved
by the Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the
Town any land or easements considered necessary in the opinion of the Director to
accommodate the construction, installation and maintenance of tbe Works. For
greater certainty, tbe 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
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Page 38
of or in respect of the registration of such transfer against title to the lands to which
it applies.
5.S Approval of En&ineerin& Drawin&s
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of all necessary drawings of the Works (the
"Engineering Drawings"). If construction and installation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). From and after the approval by the Director of the
Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them.
5.6 Approval of Gradin& and Draina&e Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of an appropriate Plan showing thereon the
existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and
drainage Works for the said Lands, and indicating the direction of all surface drainage,
including water from adjacent lands originally flowing through, into or over the said Lands
to the municipal storm sewer system or any other outlet approved by the Director (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. If construction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading
and Drainage Plan shall be resubmitted to the Director for his reconsideration, and
approval by the Director after any revisions required by the Director have been made to
it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the
Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the
Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works
shall be constructed and installed in accordance with it.
5.7 Not Used
5.8 Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
which sets out the time at which, and the sequence in which, the Owner proposes to
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Page 39
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement.
5.9 Approval of Works Cost Estimates and Sta~e 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 "1" hereto.
5.10 Requirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to satisfying
all the other requirements of this Agreement in respect thereof, an Authorization
to Commence Works shall not be issued for any of the Works for which the
Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the Region
pursuant to the Planning Act, 1983;
(b) the final Plan of Subdivision of the Lands has been registered against the title
to the Lands;
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as
registered against the title to the Lands; (2) a copy(s) of the registered Plan
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
3.3 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 the Lands;
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Page 40
(g) the Owner has delivered to the Town letters signed on behalf of the
Newcastle Hydro-Electric Commission, and/or other authority or company
having jurisdiction with respect to the Utilities and Services that are referred
to in Schedule "H" that satisfactory Agreement(s) have been entered into by
the Owner with them for the design, construction, installation and services of
the Utilities and Services as is required by paragraph 5.2 of this Agreement;
(h) the Owner has retained an Engineer in compliance with paragraph 5.3 of this
Agreement and has confirmed the name and address of its Engineer to the
Director in writing;
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
G) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2
of this Agreement;
(k) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
(I) the Owner has received the written approvals of the Director of Public Works
and the Director of Planning of the Staging Plan as provided in paragraph 5.7
of this Agreement;
(m) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(n) the Owner has received the written approval of the Director to the Works
Cost Estimates as required by paragraph 5.9 of this Agreement;
(0) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and 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 aU policies of insurance or proof
thereof required by paragraph 3.9 and Schedule tlK" 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;
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Page 41
(r) 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
(s) 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.
5.11 Not Used
5.12 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.
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Page 42
5.13 Construction in Accordance with En~neerine Drawines
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until all Works contemplated by this Agreement including the "Storm Sewer
Work" (as hereinafter defined) have been completed. After the expiry of twenty-
four (24) hours following the giving of written notice requiring the Owner to do so,
if the Owner has not performed its obligations under this paragraph 5.13(2), the
Town may do so and deduct the reasonable cost thereof from the Performance
Guarantee. The Owner shall restore the Performance Guarantee to the amount
otherwise required by this Agreement, forthwith after the Director gives the Owner
written notice of the amount of the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
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,
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Page 43
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) li, in the opinion of the Director, the Owner is not constructing and installing or
causing to be constructed or installed any of the Works required by this Agreement
so that it will be completed within the time specified for such completion in the
Schedule of Works, or if the Works are being improperly constructed or installed,
or if the Owner neglects or abandons the said Works or any part of them before
completion, or unreasonable delay occurs in the execution of the same, or for any
other reason the Works are not being constructed or installed properly and promptly
and in full compliance with the provisions of this Agreement, or the Owner neglects
or refuses to reconstruct or reinstall any of the Works which may be rejected by
the Director as defective, deficient or unsuitable, or the Owner in the opinion of the
Director otherwise defaults in performance of this Agreement, then in any such case
after receiving the authority of the Town Council, the Director may give the Owner
notice in writing of such default, neglect, act or omission. Following the later to
occur of the expiry of ten (10) business days, excluding Saturdays, after the giving of
such notice and the expiry of such additional period as may be specified in the
notice given to the Owner by the Director, the Town, at the cost and expense of the
Owner, may employ a contractor or such workmen and purchase such services,
supplies and/or services as in the opinion of the Director are required for the
proper completion of the Works in accordance with this Agreement. In cases of an
emergency, as determined by the Director in his discretion, any deficiency(s) or
defect(s) in the Works, or any failure to complete the Works in accordance with this
Agreement, may be corrected or remedied by the Town at the cost and expense of
the Owner without prior notice to the Owner, provided that forthwith after the
Town so acts, the Director shall give written notice to the Owner describing the
emergency, the action taken by the Director, and the cost of correcting the
deficiency or default in question. The cost of any work which the Town undertakes
under this paragraph 5.17(1) shall be determined by the Director in his discretion
and his decision shall be final. It is understood and agreed by the Parties that the
cost for which the Owner is responsible under this paragraph 5.17(1) shall include
a management fee to the Town either of thirty (30%) percent of the contractor's
charges to the Town (including any charges for overhead and profit) or, if such work
is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town
to complete the Works in question. The Owner shall reimburse the Town for the
cost of all Works, and the cost of correcting or remedying all deficiencies, defects
and defaults pursuant to this paragraph 5.17(1) which have been incurred by the
Town forthwith after the Director gives the Owner written demand for payment of
such cost.
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Page 44
(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 Emer&ency Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors retained by
the Town may enter on the said Lands for the purpose of making emergency repairs to any
of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of
the Works' by the Town, nor an assumption by the Town of any responsibility or liability
in connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 Dama~ to Existin2 Services
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to
any property or services of the Town, the Region, or any utility authority or company or
(the "Damaged Services") including without limiting the generality of the foregoing, any
road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost
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
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Page 45
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 Dams. 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 To~ as well as such
other matters as the Director considers to be appropriate. After the draft
Monitoring Program has been approved by the Director with or without such
modification(s) as he may consider appropriate, it is the "Monitoring Program" for
the purposes of this Agreement.
(2) For the duration of the Monitoring PrograIll, 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 PrograIll, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
To~ 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 PrograIll, 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 data, analyses and reports
required to be provided to the Director by this paragraph 5.20(2), have been
provided to him. In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
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Page 46
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 (Le. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of the Town
Council, the Owner shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); or
(b) where in the opinion of the Town Council the interference to a well or
private water supply is of a long term duration, at the option of the Owner
and at its cost, the Owner shall connect the affected party's property to the
Town water supply system or provide a new well or private water system for
such affected party(s) so that water supplied to the affected party's property
shall be of a quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected party(s) prior to the interference,
as may be required by the Town Council by written notice given to the Owner.
(4) H the Director gives written notice to the Owner that he has reason to believe that
the well or private water supply of any person(s) outside the Lands is interfered with
or dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Owner shall cause the quantity of potable water
considered to be appropriate by the Director to be supplied to the affected person(s)
free of charge either until such time as the Town Council, after considering a report
thereon from the Director, decides that the well or private water supply in question
has not been interfered with Of 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 fOf 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
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Page 47
Town and other person(s) authorized by the Town may enter upon the portion(s) of the
Lands on which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain
the Works, if any building(s) on the said Lands is occupied, the Owner, at the
Owner's cost, shall maintain each road(s), which is required to be constructed and
provides access to such building( s), until a Certificate of Acceptance has been issued
for such road(s), and without limiting the generality of the foregoing, the Owner
shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
(c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the
Town is not required by law to repair and maintain, to the satisfaction of the
Director.
(2) The Town agrees to snowplough and sand "lJI 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.
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Page 48
5.23 Requirements ror Certificate or Completion
The Owner acknowledges and agrees that the construction and installation of any
of the Works authorized in an Authorization to Commence Works shall not be deemed to
be completed for the purposes of this Agreement until the Director has provided the
Owner with written certificate that such is the case (the "Certificate of Completion"). In
addition to satisfying the other requirements of this Agreement respecting its issuance, a
Certificate of Completion shall not be issued until:
(a) such of the Works authorized by the Authorization to Commence Works for which
a Certificate of Completion is required, have been inspected by the Director, and he
is satisfied such Works have been constructed and installed in accordance with the
Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all of the
Works authorized by such Authorization to Commence Works, that there are no
outstanding construction lien claims for payment by contractors, subcontractors,
suppliers of services or materials or workmen relating to the construction and
installation of such Works.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose
of this Agreement, until the Director has provided the Owner with written certificate that
they have been accepted by the Town, ("the Certificate of Acceptance)". In addition to
satisfying the other requirements of this Agreement respecting its issuance, a Certificate of
Acceptance shall not be issued until all of the Works that are proposed to be covered by
such Certificate of Acceptance have been inspected by the Director and the Town Council
has approved the written report of the Director that all such Works have been maintained
to the approval of the Director for the relevant period set out in paragraph 3.10(3) of this
Agreement, all deficiencies and defects in the Works have been corrected by the Owner,
and the Works should be accepted by the Town.
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim thereto, other than as an owner of land abutting a highway in which such
Works are installed.
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Page 49
5.26 Requirements for Certiftcate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph S.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner
with a written release (the "Certificate of Release") respecting the Lands, for which a Plan
of Subdivision has been registered. The Certificate of Release shall be in a form suitable
for registration or deposit in the proper Land Registry Office. In addition to the Owner
satisfying the other requirements of this Agreement respecting the issuance of a Certificate
of Release, the Certificate of Release shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to 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 corners, the end
of all curves, other than corner roundings, and all points of change in direction or
road(s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied all of
the provisions of this Agreement.
Prom 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.
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5.27 \ Oversized Services
\
The oversized services for the purpose of this Agreement are the "Storm Sewer
System" (as defined in Schedule "0") and the roadways described in Schedule "0" (the
"Oversized Services"). The Owner acknowledges and agrees that it will pay the total costs
of the Oversized Services. 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.
5.28 Not Used
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Page 50
5.29 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "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 , . 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 . RESPONSIBILITY OF SUBSEOUENT OWNE~
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
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(c) \ it shall be responsible for the maintenance of fencing required in Schedule "0" and
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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
the Parties, and that this Agreement is made by the Town in reliance on the
acknowledgement and agreement of the Owner as aforesaid.
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Page 51
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
We have the authority to
bind the Bank.
The name of The Royal
Bank of Canada was
changed to Royal Bank of
Canada as set out in
Order-in-Council P.C. 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).
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Title: vJ~'" ..p/l1o }-:Ja;/
R~~ ::~ADA
~owers . Title: Manager
,} Lending Services
Title: Senior Account Manager
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IIARoLO SE~flL
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Gin~JdJ -(Limi ted !bIil'J 13oL.MtJDO
Carl Schwarz ~
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SCHEDULE "Aft
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
autborized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle. enacted and passed the 16th day of September. 1991.
~EGAL DESCRIPTION OF LANDS
All and Singular that certain parcel of land and premises, situated. lying and being
in the Town of Newcastle and the Regional Municipality of Durham, and being comprised
of Part Lot 30, Concession 3, Town of Newcastle on plan of survey of record deposited in
the Land Registry Office for the Land Titles Division of Durham (No. 40) (the "Land
Registry Office") designated as Part I on Plan 40R-13783.
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PART
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PARCEL 30-2, SECTION
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CON 3, NEWCASTLE
(DARLINGTON)
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PART I, PLAN IOR- 374
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I INST N!! 149519
t~T2' PLAN ~R-7~
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AREA ' 3,529 ""
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1 LOT 30. COlI I
ROAD ALLOWANCE BETWEEN
CONCESSIONS 2 AND 3
AREA : 0D50 ....
NEWCASTLE (DARLINGTON)
1
3
PLAN 10 R-
I REOUlRE THIS PLAN TO BE
DEPOSITED UNDER THE LAND
TITLES ACT.
DATE ____.._______
RECEIVED AND DEPOSITED
DATE ___________
------------
R, S, KARPIEL
OII'ARIQ LAND SUltVEWNt
LAND REGiSTRAR FOR-iHE
LAND TITLES DIVISION OF
NEWCASTLE (N!! 10)
PARTS ',2 AND 3- ALL OF PARCEL 30-1, SECTION CON 3, NEWCASTLE
(DARLlNGTONI
PLAN OF SURVEY OF
PART OF LOT 30
CONCESSION 3
(GEOGRAPHIC TOWNSHIP OF DARLINGTON I
NOW IN THE TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE "2000
01234'
P"""""'iJ
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,
J.D. BARNES LIMITED. 1991
METRIC g:,r~rr:~ON~=J"{cJ~E~:: ~~:. U:yT~~J~:~
NOTES:
8E_ HEREON IlRE ASTRONOMIC AND ARE REFERRED TO THE EASTERLY
LIMIT OF ROAO ALLOWANCE BETWEEN LOTS 30 AND 31, CONCESSION 3 AS
SHOWN OH PLAN IOR'SS8 . HAVING A 8EARING OF N 18043' 30' w,
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DENOTES
DENOTES
DENOTES
DENOUS
DENOTES
DENOTES
SURVEY _UUENT FOUND
SURVEY _NT PLANTED
STANDARD IRON BAR
_BAR
PLAN IDR. SS8
ROUND
CAUTION
THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN
THE MEANINe OF THE PLANNING ACT,
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
I. TItIS _VEY AND PLAN AIlE COIlRECT AND IN acCORDANCE WITN THE SURVEYS
ACT ""NO THE LAND TITLES ACTANO THE REGULATIONS MADE THEltEUNOEIt.
2. THE IlUtlYt:T WAS C_UTED ON !HE 19th IIAV OF ~U~L Y . ..91.
DATE~~!J!/!! _kJ_ ~_ _____
=-if-:::!'. tfic PIEL
GMT.RIO LAIID IVttvlYOR
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SURVEYINC MAPPINC
LAND INfORMATION SERVICES
OFFICE OF ORIGIN:
liD SCOTIA COURT. UNIT # Z4
WHITBY, ONTARIO UN eV7
14151723-1212
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SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 91-139 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 -89035)
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AREA TABLE
RESIDENTIAL LOTS 1-1'
RESERVE 0.""'"....
ON STREET TOWNHOUSES 0.""'''
OPEN SPACE 0.'" ~
WIDENING 0."'" n
ROADS .""~,......
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TOTAL
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UNIT COUNT
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10.7m SINGLE
ON STREET TOYlNHOUSES
TOTAL
LEGEND
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--- Boundary of SubdMIlon
_ _ _ Boundary of Addlllonol lond In which the
Applicant hot an "terest
.. Pavement (....._Iic ....,)
NOTES
All mea""",,,ent. are WI metres.
All elevations refer 10 Geodetic Datum.
All corner roundings are 4,Sm R,. unle.. otherwi.. stated,
ADDIl10NAl INFORlAA nON REQUIRED UNDER
SEcnON 50 (2) of THE PLANNING ACT
B Addltlonol undewloped land In whlch the oppllcGnt
hot ell Interest Is shown on lit. key pion.
o Reslde1llo1 IIngl. fom'y. on .treel townhou....
ond open 1pOC',
H Piped waler to h pro\lldecl.
L Cloy loom eIId soncly sol.
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SURVEYOR'S CERnFICA TE
I hereby certify thot Ihe boundorie. of Ihe lond. to b.
IUbdlWled a. shown on this plon, and lit... relationship
to the adjacent lond. ore occurotely ond correctly shown,
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OWNERS AUTHORIZA nON
We. 715929 (>>ITARIO IJIIIltD a: n7114 (>>ITARKl IJIIIltD
beng the registered owntr3 of the IUbject land. hereby'
outhorlz. DESIGN PLAN SERVlcrS IHe. to prepore and
oubmlt 0 droit pion ot subcliYlsion lor oppcovol.
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18T-89035 (R)
REVISED DRAFT PLAN of
PROPOSED SUBDIVISION
PART of LOT 30
CONCESSION :5
TOWN of NEWCASllE
REGIONAL MUNIClPAUTY
of DURHAM
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Design Plan $erJ,ce:s Inc
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PLAN IOM-
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If THe: UNO RfGlSTItf OFfiCE P'OR tHl UNO TITlU
DIVISION Of NEWCASTLE tNIIOI &T. ____O'CUX. ON THf
_____OAf 0'._______'"1 aND (N'PED IN T14(
MOISTU fOA NRC[ln_______stCl'lON_ _ ___ _.'___
ANI) AfOUlRED CONSENTS AND UFlDAWITS All( Rf.GISf[Rm
AS PlAN DOCUMENT Nt ________
----~--liili1iM----.
TMII 1\.... co-<<t NICf or _en 50-I, .,TOII t:llII S.
Ii(WCIo'Tt,.( 1110"""_'0."
PLAN OF SU8OIVISION OF
PART CF LOT 30
OONCESSION 3
lform..-.,. TOWNSHIP OF OARLlNGTON)
NOW IN THE TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCAL[ I : "0
.1000 III
",.0 8AANE.'S LIMITED - 1"1
METRIC OIn~tu"""" OIl '"" l'l.... MIl: .. 1IIt('" ..... ,....
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NOTES
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OWNER'S CERTIFICATE - PLAN OF SUBOIVISION
,..,. It" Clltfln hII"
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J.D.~aNES
llUINEYlNG MAPPING
LAND INFORMATION SElMCE5
CIfffct: 0# tlInGIIt.
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE .C" to the Agreement which has been
authorized and approved by By-law No. 91-139 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)
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SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the 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 twenty-seven (27) single family dwellings; zero (0)
semi-detached dwellings; and thirty-two (32) townhouse dwellings on the occasions set out
below. The aggregate amount so payable is one hundred and sixty-seven thousand, six
hundred and fifty-eight ($167,658.00) dollars.
(a) Twenty-five (25%) percent of the aforesaid aggregate amount of Development
Levies, being forty-one thousand, nine hundred and fourteen dollars and fifty
cents ($41,914.50) on the execution of this Agreement.
(b) Twenty-five (25%) percent of the aforesaid aggregate amount, being forty-
one thousand, nine hundred and fourteen dollars and fifty cents ($41,914.50)
on the date of 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 forty-
one thousand, nine hundred and fourteen dollars and fifty cents ($41,914.50),
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, or on the date of issuance of the building permit for the thirtieth
(30th) dwelling proposed to be constructed on the Lands.
(d) The remainder of the aforesaid aggregate amount, being forty-one thousand,
nine hundred and fourteen dollars and fifty cents ($41,914.50) on the earlier
to occur of the expiry of twenty-four (24) months following issuance of the
building permit for the first dwelling proposed to be constructed on the Lands
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60
and or the date of issuance of the building permit for the forty-fifth (45th)
dwelling unit 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.
References in this Schedule "D" and in any other provision of this Agreement to
"Development Levies" are to be construed to be references to the Development Levies
required to be paid by the Owner to the Town pursuant to paragraph 3.4 of this Agreement
and this Schedule "0". 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.
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SCHEDULE wEw
THIS SCHEDULE IS SCHEDULE wE" to the Agreement which has been
authorized and approved by By-law No. 91-139 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:
(a) Rear yard catchbasins
and storm sewers
(Meredith Court)
Parts 1, 2, 3 and 4
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).
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!'ART PART OF lOT
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2 2
3 6
4 7
SCME DULE
P LAN PERPENDCUL AR
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'MOTH
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE
LAND TITLES ACT
DATE _____________
R, S KARPlEL
Ontario Lond Surveyor
PLAN IOR-
RECEIVED AND DEPOSITED
DATE ___________
lAND REGISTRAR FOR-THE
LAND TITLES DIVISKlN OF
NEWCASTLE (NO 10)
COMPILED PLAN OF
PART OF LOTS I t 2 t 6 AND 7
REGISTERED PLAN IOM-
TOWN OF NEWCASTLE
REGICX\JAL MUNICIPALITY OF DURHAM
SCALE
I: 500
.0
'0
J, D, BARNES LIMITED - 1991
'0.
METRIC
NOTES:
DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 0,3041
AI. L PARTS SIiCIlIN HEREON HAVE PERPENDICULAR WIOTH AS SHOWN
IN THE SCHEDULE AND ARE WHOLLY CONTAINED WITHIN THE '-"'OERLYHG
LOTS, PREVEOuSLY lHlEANED LIMITS ARE PARALLEL WITH EXISTING
LIMITS,
CAUTION
nus PLAN IS MOT It Pl.AN. Of SUBOlvtStQN WtrHIN
THE MEANING OF THE PLAMNING ACT.
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
I. THIS PLAN IS AN ACCURATE COMf'lLATION BASED ON DATA DERIVED
FROM REGISTERt:D!'LAN 10M -
DATE _ _ _ _ _ _ _ _ _
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_ "'''M
CktO.~
--- -R- S- KAilPiEL- - - --
OMURtO LANO aUItVETOA'
SURVEYING MAPPING
LAND INfORMA nON SERVICES
OFFICE OF ORIGIN'
110 SCOTIA COURT UNIT #0 24
WHITBY. ONTARIO UN 8 Y 7
(416) 723 - 1212
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6)
SCHEDULE IF'
THIS SCHEDULE IS SCHEDULE IF' to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town, transfers
in fee simple absolute the following lands now shown on the 40M Plan:
(a) Blocks 33 to 37, inclusive
(b) Block 32
(c) Block 31
- 0.3m Reserves
- Road Widening
- Open space
(2) Cash in Lieu of Lands for Park or Other Public Recreational Putl)oses:
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 one million two hundred and sixty
thousand and fifty ($1,260,050.00) dollars being sixty-three thousand two dollars and fifty
cents ($63,002.50).
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SCHEDULE lIG"
THIS SCHEDULE IS SCHEDULE lIGlI to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
WORKS REQUIRED
1. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and storm
water originating within the said Lands, including storm sewer mains, manholes,
service connections, catchbasins and leads, open channels, storm outfalls, 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. Paragraphs 2.4 and
2.6 of this Agreement shall apply with all necessary changes being considered to
have been made to give effect to the intent of this provision.
2. ROADWAYS
The Owner shall construct and install the following services including any
oversized services on the streets shown on the Plan as follows:
(a) Pavement widths to be applied to the streets shown on the 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's Design Criteria and Standard Drawings at the
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locations shown on the approved Engineering Drawings.
(e) The Owner shall grade and pave all driveways between the curbs and
sidewalks, in accordance with the Town's Design Criteria and Standard
Drawings. 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 agrees to 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 agrees to install the topsoil and sod the boulevards between the
curbs and the property line, in accordance with the Town's Design Criteria
and Standard Drawings and approved Landscaping Plan, to the satisfaction
of the Director.
(h) The Owner agrees to supply, install and maintain traffic signs and permanent
street-name signs in accordance with the Town's Design Criteria and Standard
Drawings and to the satisfaction of the Director.
3.
CONSERVATION WORKS
In addition to the work required by Schedule "Q", the Owner shall construct,
install and maintain certain conservation works within this Plan, such as retaining
walls, drainage channels and watercourse channelization works, including all
appurtenant fences and all other apparatus, in accordance with the approved
Engineering Drawings.
4.
LOT GRADING
The Owner shall rough-grade the Lands in accordance with the Tree
Preservation Plan and the Grading and Drainage Plan, to the satisfaction of the
Director forthwith following the Director giving the Owner written notice requiring
it to do so.
5.
LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements for the
roads provided for in this Agreement and the installation of fencing in
accordance with the approved Landscaping Plan.
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(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.
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SCHEDULE liB"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
UTILITIES AND SERVICES REQUIRED
1. ELEcrRICAL SUPPLY SYSTEM
The Owner sball 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.
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5.
CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority
to provide its services within the area of the 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.
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SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's
Engineer shall prepare drafts of the following for the consideration and approval of
the Director:
(a) tbe Engineering Drawings;
(b) the Grading and Drainage Plan;
( c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Wodes 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 Of from liability for any damage or loss caused
or resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OW'NER AND OBTAIN APPROVALS
The Owner's Engineer is hereby authorized by the Owner and shall act as the
Owner's representative in all matters pertaining to the construction and installation
of the Works and shall co-operate with the Town to obtain the necessary approvals
for construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous inspection service during all phases of the
construction and installation of the Works and the private works and to perfofm the
following:
(a) provide field layout including the provision of line and grade to tbe
contractors and, where required, restaking;
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(b) inspect the construction and installation to ensure that all work is being
performed in accordance witb the contract documents;
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or proposed to be installed at the request of the
Director;
(d) provide co-ordination and scheduling of the construction and
installation in accordance with the timing provision contained herein
and the requirements of the Director;
(e) investigate and report to the Dir~ctor any unusual circumstances which
may arise during the construction and installation; and
(t) obtain field information, during and upon completion of the
construction and installation, required to modify the Engineering
Drawings to produce the as-constructed drawings.
4.
MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction
and installation and make them available for examination by the Director as required
by the Director.
5.
PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress
of the construction and installation on a monthly basis, or at such other interval as
approved by the Director.
6.
PREPARE AS-CONSTRUCTED DRAWINGS
The Owner shall cause the Owner's Engineer to prepare and submit the as-
constructed drawings required by the Director for the approval of the Director.
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SCHEDULE "1"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 91-139 of the Corporation of the Town of Newcastle,
enacted and passed on the 16th day of September, 1991.
WORKS COST ESTIMATES
STAGE I
1 STORM SEWERS $ 196,135.22
2 ROADS - YEAR 1 $ 111,570.25
3 ROADS - YEAR 2 $ 106,611.38
4 STREET TREES $ 30,000.00
5 STREETLIGHTING $ 20,000.00
, FENCING $ 24,069.65
7 SILTATION CONTROL $ 5,010.65
8 GRADING (R.O.W. & FUTURE LOTS) $ 6"'00.00
SUB-TOTAL $ 500,297.15
5% CONTINGENCIES $ 25,014.86
SUB-TOTAL $ 525,312.01
10% ENGINEERING S 52,531.20
TOTAL ESTIMATED COST: $ 577,843.21
TOTAL VALUE OF PERFORMANCE
GUARANTEE: ~ 577.8~~JJ
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.
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SCHEDULE ilK"
THIS SCHEDULE IS SCHEDULE ilK" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed the 16th day of September, 1991.
INSURANCE REQUIRED
1. TYPES OF COVERAGE REOUlRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance company
approved by the Town~s Treasurer and licensed in Ontario to underwrite such
insurance. Such policy or policies of insurance shall indemnify the Town against all
damage or claims for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(f) any loss or damage that shall or may result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development of
the said Lands together with any or all of the Works, Utilities and Services
pertaining thereto.
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2.
AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it
or them by the Town shall not be construed to relieve the Owner from responsibility
for other or larger claims for which it may be held responsible.
3.
EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall oontain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
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SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
REGULATIONS FOR CONSTRUCTION
1. REOUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director
permission to carry out the blasting operation.
2. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purposes and such topsoil must remain within the limits of the said
Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the
said Lands, or to remove or permit to be removed any fill from any land to be
transfered to the Town, other than the roads within the limits of the said Lands,
without the written consent of the Director.
4. DISPOSAL OF 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 OUANTITATIVE TESTS
The Owner agrees that the Town may have qualitative or quantitative tests
made of any materials or equipment installed or proposed to be installed on the
direction of the Director. The costs of such tests shall be paid by the Owner.
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6. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times shall ensure that all public
roads abutting the said Lands and all public roads used for access to the said Lands,
during any construction on the said Lands, are maintained in a condition equal to
that now existing and to the approval of the Director. The Owner shall maintain at
all times, all such roads free of dust and mud originating from the said Lands during
the course of construction. H damaged, the Owner agrees to restore immediately,
and at its own expense, such road to a condition equal to that existing at the time
of such damage and to the approval of the Director. No public road outside the
limits of the said Lands shall be closed without the prior written approval of the
authority having jurisdiction over such public road. The Owner shall not use or
occupy any untravelled portion of any public road allowance without the prior written
approval of the Town or authority having jurisdiction over such public road
allowance.
7. 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 ensUTe
that such roads are free of dust and mud at all times to the satisfaction of the
Director.
8. WEED AND RAT CONTROL
After the commencement of construction, the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
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SCHEDULE "Mil
THIS SCHEDULE IS SCHEDULE -Mil to the Agreement which has been
authorized and approved by By-law No. 91-139 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:
WT OR BWCK NUMBER
ON 40M PLAN
PERMITTED LAND USE
Lots 1 to 27 inclusive
Residential single family dwellings
Block 28
Block 28 shall be developed with
adjacent lands and maintained by the
Owner in a reasonable condition
until development takes place.
Blocks 33 to 37 inclusive
O.3m. Reserves
Block 32
Road Widening
Block 30
Residential Townhouse Units
Block 31
Open Space
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SCHEDULE wN"
11IIS SCHEDULE IS SCHEDULE wN" to the Agreement which has been
authorized and approved by By-law No. 91-139 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 40M PLAN
LAND USE
Lots 1 to 22
See paragraph 4.12(13)
Block 31
Open Space
Block 30
See Schedule "0"
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SCHEDULE .0"
THIS SCHEDULE IS SCHEDULE .0" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
LANDS REOUIRING SITE PLAN APrROVAL
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.
WT OR BLOCK NUMBER
ON 40M PlAN
Block 30
Residential Townhouse Units
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SCHEDULE "Q"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 91-139 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 l00-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. Prior to final approval of the Plan, the Owner shall carry out the floodplain
reduction project as outlined by G.M. Semas & Associates Ltd. Report #89012, such that
no lots abutting Block 31 are floodprone to the satisfaction of the Central Lake Ontario
Conservation Authority.
3. That the Owner shall carry out, or cause to be carried out, to the satisfaction
of the Central Lake Ontario Conservation Authority, the recommendations referred to in
the plans required in Condition 1 above.
4. That the Owner shall carry out, or cause to be carried out, site grading,
sediment control and major overland flow routing to the satisfaction of the Central Lake
Ontario Conservation Authority.
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SCHEDULE wRw
THIS SCHEDULE IS SCHEDULE wRw to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
ENGINEERING AND INSPECI10N. FEES
Estimated Costs of Works ~
Up to $100,000.00 4% to a maximum of $4,000.00
$100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services -
whichever is greater
S500,OOO.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services -
whichever is greater
Sl,OOO,OOO.OO to S2,OOO,OOO.OO S30,OOO.OO or 2.50% of the estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region
services. The payment of the Engineering and Inspection fees to the Town are subject to
the Goods and Services Tax, and therefore an additional seven (7%) percent must be added
to the fees calculated using this Schedule and paid by the Owner to the Town.
The aforesaid amount is to be paid prior to issuance of the Authorization to
Commence Works for each stage shown on the Staging Plan.
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SCHEDULE .S"
THIS SCHEDULE IS SCHEDULE .S" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
REGION'S CONDITIONS OF APPROVAL
I. CONDmONS OF APPROVAL OF FINAL PlAN FOR REGISTRATION FOR
THIS PlAN OF SUBDMSION ARE AS FOLLOWS:
1. That this approval applies to draft plan of subdivision 18T-89035, prepared by Design
Plan Services Inc., identified as job number B-8802-8, dated June 21, 1990, which
illustrates 27 lots for single detached dwelling units, a block for 32 street townhouse
units, a block for open space, 2 blocks to be developed with adjacent lands and
various blocks for 0.3 metre reserves, road widenings and site triangles.
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 32 shall be dedicated to the Town of Newcastle as public highways for
the purpose of widening Trull's Road.
5. That any deadends and/or open sides of road allowances created by this draft plan
shall be terminated in 0.3 metre reserve(s) to be conveyed to the Town of Newcastle.
6. 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.
7. 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.
8. Prior to anyon-site grading or construction, the Ministry of Natural Resources shall
review and approve reports describing:
(a) the intended means of conveying stormwater flow from the site, including use
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of stormwater management techniques which are appropriate and in
accordance with the provincial "Urban Drainage and Design Guidelines",
April, 1987;
(b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been taken;
(c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction. These means should be
in accordance with the provincial "Guidelines on Erosion and Sediment
Control for Urban Construction";
(d) site soil conditions, including grain size distribution profiles; and
(e) site grading plans.
9. That major and minor drainage systems shall be designed in accordance with the
"Black Creek Tributary Master Drainage Study", prepared by G.M. Semas &
Associates Ltd., revised May, 1990 and that the major and minor drainage systems
design shall meet the approval of the Town of Newcastle.
10. That a minor storm sewer system shall be in place down stream to the satisfaction
of the Town of Newcastle prior to any development.
11. That Lots 1 and 2 shall be reserved for water detention purposes if deemed
necessary by the Town of Newcastle.
12. 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.
13. The owner shall submit a Tree Preservation Plan, prepared by a qualified consultant,
to the Town of Newcastle for review and approval.
14. The Owner shall submit a Master Drainage and Lot Grading Plan, prepared by a
professional engineer, to tbe Town of Newcastle for review and approval.
15. That the Owner shall implement the recommendations of the Acoustic Report,
entitled "Noise Impact Study", prepared by G.M. Sernas & Associates Ltd., dated
October 1989, 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
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16.
17.
18.
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and any revisions/addendums thereto) and shall include any required warning clause
identified in the acoustic report.
That Block 29 shall be dedicated to the Town of Newcastle and that the subject
lands will be graded and landscaped to the satisfaction of the Town.
Prior to final approval of the 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.
Prior to final approval of the plan, the Owner shall carry out the floodplain reduction
project as outlined by G.M. Semas & Associates Ltd. report #89012, such that no
lots abutting Block 31 are floodprone to the satisfaction of the Central Lake Ontario
Conservation Authority.
19.
That prior to any grading or construction on the site, the Owner shall erect a snow
fence with geotextile fabric or filter cloth along the side yard lines, of Lots 10, 11 and
23 and the rear lot lines of Lots 23 to 27 to the satisfaction of the Ministry of
Natural Resources. This fence should also be erected along the rear of Block 30
where it abuts Block 31. This barrier shall remain in place until such time as all
grading, construction and landscaping of the site is completed. It shall be maintained
to prevent the placement of fill or removal of vegetation from the valleylands of the
Farewell Creek tributary.
20.
That the Regional Municipality of Durham shall be satisfied that a subdivision
agreement has been executed for the abutting draft plan of subdivision 18T-88067
prior to entering into an agreement for servicing of development on Street "Bit.
21.
That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authorities.
22.
That the Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to this subdivision. Such
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1)
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.
23. 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 plant capacities are available to the proposed subdivision.
24. 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.
25. 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.
26. That the subdivision agreement between the Owner and the Town of Newcastle shall
contain, among other matters, the following provisions:
(a) That the ~er shall carry out, or cause to be carried,out, to the satisfaction
of the Cen,tral Lake Ontario Conservation Authority~ the recommendations
referred to in the plans required in Condition 17(b).
(b) That the Owner shall carry out, or cause to be carried out, site grading,
sediment control and major overland flow routing to the satisfaction of the
Central Lake Ontario Conservation Authority.
(c) That the Owner shall agree to implement the works required in Condition 8
to the satisfaction of the Ministry of Natural Resources.
(d) That the Owner shall erect and maintain the snow fence as required in
Condition 19 to the satisfaction of the Ministry of Natural Resources.
(e) That the Owner shall agree to maintain all stormwater management and
erosion and sedimentation control structures operating and in good repair
during the construction period, in a manner satisfactory to the Ministry of
Natural Resources.
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(f) That the Owner shall agree to notify the lindsay Ministry of Natural
Resource's office at least 48 hours prior to the initiation of anyon-site
development
27. That prior to final approval of this plan for registration, the Commissioner of
Planning for tbe Regional Municipality of Durham shall be advised in writing by:
(a) the Town of Newcastle, how Conditions 1,2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14,
15, 16, 21 and 25 have been satisfied;
(b) the Central Lake Ontario Conservation Authority, how Conditions 17, 18,
26(a) and 26(b) have been satisfied; and
(c) the Ministry of Natural Resources, bow Conditions 8, 19, 26(c), 26(d), 26(e)
and 26(f) have been satisfied.
II. AMENDMENTS DATED JUNE 7.1991
Condition No. 5a)
"That the owner shall convey a 0.3 metre reserve along the
southern lot line of Lot 1 to the Town of Newcastle".
Condition No. 19
"That prior to any grading or construction on the site, the Owner
shall erect a snow fence with geotextile fabric or filter cloth
along the 3!de yard lines of Lots 10, 11 and 23, the reJ.t lot lines
of Lots 23 to 27 and around the perimeter of the entire
development site, to the satisfaction of the Ministry of Natural
Resources. This fence should also be erected along the rear of
Block 30 where it abuts Block 31. This barrier shall remain in
place until such time as all grading, construction and landscaping
of the site is completed. It shall be maintained to prevent the
placement of fill or removal of vegetation from the valley-lands
of the Farewell Creek tributary."
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SCHEDULE "T"
11iIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
TREE PRESERVATION PLA~
(See Attached)
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SCHEDULE .U"
THIS SCHEDULE IS SCHEDULE .U" to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
LANDSCAPING PLAN
(See Attached)
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SCHEDULE -vw
THIS SCHEDULE IS SCHEDULE -vw to the Agreement which has been
authorized and approved by By-law No. 91-139 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
REQUIREMENTS OF OTHER AGENCIES
MINISTRY OF NATURAL RESOURCES
1. Prior to anyon-site grading or construction, the Ministry of Natural Resources
shall review and approve reports describing:
(a) the intended means of conveying stormwater flow from the site, including use
of stormwater management techniques which are appropriate and in
accordance with the provincial "Urban Drainage and Design Guidelines",
April, 1987;
(b) the anticipated impact of the development on water quality, as it relates to
fish and wildlife habitat once adequate protective measures have been taken;
( c) the means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction. These means should be
in accordance with the provincial "Guidelines on Erosion and Sediment
Control for Urban Construction";
(d) site soil conditions, including grain size distribution profiles; and
(e) site grading plans.
2. That prior to any grading or construction on the site, the Owner shall erect
a snow fence with geotextile fabric or filter cloth along the side yard lines of Lots 10, 11
and 23, the rear lot lines of Lots 23 to 27 and around the perimeter of the entire
development site, to the satisfaction of the Ministry of Natural Resources. This fence
should also be erected along the rear of block 30 where it abuts Block 31. This barrier
shall remain in place until such time as all grading, construction and landscaping of the site
is completed. It shall be maintained to prevent the placement of ill or removal of
vegetation from the valleylands of the Farewell Creek tributary.
3. (a) That the Owner shall agree to implement the works required in Condition 1
to the satisfaction of the Ministry of Natural Resources.
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"93
That the Owner shall erect and maintain the snow fence as required in
Condition 2 to the satisfaction of the Ministry of Natural Resources.
That the Owner shall agree to maintain all stormwater management and
erosion and sedimentation control structures operating and in good repair
during the construction period, in a manner satisfactory to the MInistry of
Natural Resources.
That the Owner shall agree to notify the Undsay Ministry of Natural
Resources office at least 48 hours prior to the initiation of anyon-site
development.
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SCHEDULE "W
THIS SCHEDULE IS SCHEDULE "W to the Agreement which has been
authorized and approved by By-law No. 91-139 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 S1YLES:
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.
c) Dwellings which mimic the influence of a particular architectural influence
(eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group
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reflecting the same architectural influence.
4. OTHERS:
a) All metal roof vents and stacks must be located in the rear slope of roofs and
must be painted to match the roof colour if exposed to public view.
b) All dwellings must carry brick veneers to within twelve (12) inches of grade
on front elevation and within twenty (20) inches on side and rear elevations.
Exposed concrete foundation in excess of the aforementioned standard will
not be permitted.
c) The Owner shall encourage the builder of dwellings to vary siting and setback
of dwellings.
d) The above standards are minimum standards and builders are encouraged to
exceed the standards as long as the objective of creating attractive and
aesthetically pleasing appearance is achieved.
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SOLICITOR'S CERTIFICATE
TO SUB-DIVISION AGREEMENT dated 20th day of September, 1991,
BETWEEN:
848601 ONTARIO INC., Owner
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
IN THE MATTER OF: An Application by 848601 Ontario Inc. for
final approval of Sub-division Agreement No. 18T-89035.
I, Ronald R. M. Strike, a solicitor of the Supreme Court of Ontario,
DO HEREBY CERTIFY that the above-named sub-divider is owner in fee simple
of the following lands:
(a) Partlof Plan 40R-13783, Town of Newcastle, Regional 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. NL31666;
(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. is the Owner, as set out
above, of the lands in Schedules E and F of the aforesaid Sub-division Agreement
to be conveyed to 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 disharges 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 said Plan 18T-89035.
DA TED at Bowmanville, this
/ 3 -f1.- day of November I 1991.
Ronald R. M. Strike.
TO: THE CORPORATION OF THE TOWN OF NEWCASTLE.
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DYE & DURHAM CO. LIMITED
Form No. 985
Document General
Form 4 - Land Registration Reform Act, 1984
U')
(:;:)
C"':)
N
Additional:
See
Schedule
Additional:
See
Schedule
(t)'fttIs Document relates to Instrument number(s)
.. Party(les) (Set out Status or Interest)
Name(s)
o
(1) Registry 0
(3) Property
Identifier( s)
Land Titles XJ (2) Page 1 Of:JJ. pages
Block
Property
Additional:
See 0
Schedule
(4) Nature of Document
ApplieatiOD by MUDidpaUt)' for IRbibltiDa 0nIer (Section 23)
(5) Consideration
NA
Dollars $
(6) Description
Part of Parcel Plan - 1, Section 40M-((P7Jt}
in the Town of Newcastle in the Regional MUnicipality
of Durham as to Part of Lots 1, 2, 6 &. 7 and Block 31, 33, 34,
35, 36 and 37 . I
01 '
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(7) This
Document
Contains:
o
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Description 0
Additional
Parties 0 Other 0
Continued on Schedule 0
Signature(s) Date of Signature
Y M 0
7 i ;:
By:.. .~:.... :.~........ 1199.1.1 ~~.!J.?
Nicholas T. Macos : i
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.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. i" .. .i. .. ..
! :
: '
. .THE .CORPO.RA.TlON. OF. TIlE. TOWN. . . . . . . . .
OF NEWCASTLE by its solicitors
. .SHlBL.EY: RIGHTON. per, Nicholas. . . . . . . . . . . .
T. Macos
1) :Address
for Service
4
12) Party(les) (Set out Status or Interest)
Name(s)
13) Address
for Service
(14) Municipal Address of Property
not assigned
Signature(s)
Date of Signature
Y M 0
(15) Document Prepared by:
Fees and Tax
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario MSH 2Z1
Attn: Nicholas T. Macos
~
Z Registration Fee
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f~ ).13
LAND TITLES ACT
Section 23
APPLICATION BY MUNICIPALI1Y FOR INHIBITING ORDER
TO:
ruE LAND REGISTRAR FOR 1HE LAND TITLES
DMSION OF DURHAM (NO. 40)
I, Patti Barrie, Clerk of the Corporation of the Town of Newcastle hereby certify that
848601 ONTARIO INC.
the registered owner of Parcel 30-1, Section Con. 3, Newcastle, being Part of Lot 30,
Concession No.3, of the Geographic Township of Darlington, designated as Part 1, on
Plan 40R-13783 being the land laid out by a Plan of Subdivision dated October 7, 1991,
prepared by R.S. Karpiel, an Ontario Land Surveyor, has not executed and is not under
any obligation to execute any Transfer of Land or Transfer of Easement or any Agreement
affecting title to the said land in favour of the Corporation of the Town of Newcastle which
has not been registered as of the date hereof except the following:
TRANSFERS AND AGREEMENTS
LOTS AND BWCKS
Transfer in Fee Simple
0.3 meter reserves
Blocks 33 to 37 i~9usive
Plan 40M- /f.a~ 7
Block 31 and 29. /
Plan 40M- (Iog~
Transfer in Fee Simple
Open Space and Fire Station
Discharge of Charge
(Charge No. N132773)
Open Space and Fire Station
Block 31 and 29
Plan 40M- /fo<6f
Discharge of Charge
(Charge No. NL25036)
Open Space and Fire Station
Block 31 and 2: /
Plan 40M- ;f::K't
Discharge of Charge
(Charge No. 16232)
Open Space and Fire Station
Discharge of Charge
(Charge No. NU5037)
Open Space and Fire Station
Block 31 and 29
Plan 40M- Ibf~
Block 31 and 291 L
Plan 40M- IbfT
Transfer of Easement
rear yard catch basins and storm sewers
Part of Lots 1, 2, 6 & 7
Plan 40M- Ib ~<I
being Parts 1, 2, 3 & 4
Plan 40R-
Postponement of Charge
(Charge No. NL32773)
rear yard catch basins and storm sewers
Part of Lots 1, 2, 6. ~ 7
Plan 40M- lfo'?;-cf
being Parts 1, 2, 3 & 4
Plan 40R-
Postponement of Charge
(Charge No. NU5036)
rear yard catch basins and storm
sewers
Part of Lots 1;. .2'I( 7
Plan 40M- f ep,?
being Parts 1, 2, & 4
Plan 40R-
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-2-
Postponement of Charge
(Charge No. 16232)
rear yard catch basins and storm
sewers
Postponement of Charge
(Charge No. Nl25037)
rear yard catch basins and storm
sewers
Part of Lots 1, 2,.~ & 7
Plan 40M- I f:$'f-'
being Parts 1, 2, 3 & 4
Plan 40R-
Part of Lots 1, :'L6 & 7
Plan 40M-If,,;;,~,-
being Parts 1, 2, 3 & 4
Plan 40R-
..~/
Blocks mentioned above, I HEREBY REQUEST you to issue an Order or make an entry
under Section 23 of the Land Titles Act inhibiting any dealing with those Lots and Blocks
until the Instruments mentioned above have been registered.
DATED at Newcastle this /iP71I day of December, 1~'~-
,
Patti
Cler
Town of Newcastle
I have authority to bind the Corporation.
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# 7464
#3537 LT-FEE 25.00
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6) This (a) Redescription
Document New Easement
Contains Plan/Sketch
Transfer/Deed of Land
DYE & DURHAM CO lIMlIED
Form No. 970
Form 1 - Land Registration Reform Act, 1984
A
(1) Registry 0
(3) Property
Identifier( s)
Land Titles ~ (2) Page 1 of ~
pages
Block
Property
Additional:
See 0
Schedule
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(4) Consideration
TWO---------------------- Dollars $ 2.00
(5) Description
This is a: Property n
Divisiofl IXJ
Property
Consolidation 0
Part of Parcel Plan 1, Section 40M - I b <? if
being part of Lots 1, 2, 6 and 7, Plan 40M-I'" '6 c.1
Town of Newcastle, Regional Municipality of
Durham, and designated as Parts I, 2, 3 and 4
on Plan 40R- [3 q C(.}
Additional:
See 0
Schedule
(b) Schedule for:
IKJ : Description 0
,
Additional
Parties 0 Other [1g
(7) Interest/Estate Transferred
~~x
Easement
8) Transferor(s) The transferor hereby transfers the land to the transfereelll1d:x;dillN_Ua~bivl~iI:~KJIj~IIDC~gtJbJ!:!xxxx
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .
. .. r.' . . . . . . . . . . D:te of S~natur~
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i 1991 ll1:
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~sident ! i!
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Ghase , i-President! !'
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. . . . . . . . . . . . . . . . . . . . . . . . . We' 'have . the' authority to 'bIrid . tlie' . . .! . . . . . ':' . . : . . .
Corporation. !
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
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0) Transferor(s) Address
for Service
5460 Yon e Street Suite 212 North York M2N 6K7.
Date of Birth
Y M 0
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\. . . . .'ffl.E. .CORP.OltAr.n.O~. Pl". .'raE. I.OWN .OF. NEW.CAS.'rLE........................ j..... J. .J....
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2) 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
,Y ,M 0 : Y ,M, 0
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
to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and ! Y 1M; 0
f Address of . : :!
Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . .!. . . .,. . . .
(14) SoHcltor 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
(15) Assessment Roll Number
of Property
6) Municipal Address of Property
not assigned
Date of Signature
Y M 0
Signature. . . . . . . . . . . . . . . . . . . . . . . . . .
Cty. Mun. Map I Sub. , Par. Fees and Tax
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, not assi ned ..J
, Z Registration Fee
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(17) Document Prepared by: 0
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Ronald R. M. St rike, (J) Land Transfer Tax
::l
Strike, Salmers & Furlong, w
u
Box 7, u:
Bowmanville, LIC 3K8 LL
0
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( 416-623-5791) <Q Total
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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 rigbt 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 Qn 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 rigbt 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.
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3-.. ~
Affidavit of Residence and of Value of the ~onsideratjOn
... Form 1 - land Transfer Tax Act
Fiefer to all instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (IfIHrtbriefdescrlptiOnoflfnd) Part of Parcel Plan 1, Section 40M-/6'S'f
bpi ng prlT.t- of Lots I, 2, Ei and 7, Plan 40M- ,,,q '1 Town of
Npw~r1~t-lp RPgionrll Municipality of Durham designated as Parts I, 2. 3 ant
BY (prinfnarrwsofalltrM$ferorsinfuH) R4REiOl Ontario Tnc. 4 on Plan 40R- U~'::(3
DYE & DURHAM CO. INC. . Form No. 500
Amended'.'
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I TO (- inatrut:tion 111nd prinf namss of all t-'- in full)
'!he Corporation of the TcMn of Newcastle
Nicholas T. Maces
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MAKE OATH AND SAY THAT:
1 . I a m ~ s dfMr merle wlthl" /he .,... opposite ttJ/It _ of /he foIIowfnt/ /WIIf1rsphs ttJ/It describes /he t>>p8CIty t1f /he depoMnt(s)): (_ Instruc:tiofl 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (bl A trustee named in the above.described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
o (dl The authorized ~Iicitor acting in this transaction for (IMMI-.{s) t1f pt/M:IpaI(s)) 'Ihe COIrOr"tioo ()T thE" ~
of Newcastle
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described in paragraph(s) (a), (b), (cl above; (strtIce out ~ to 1nappI~ paragrsphs)
o (e) The President. Vice-President. Manager. Secretary. Director. or Treasurer authorized to act for (IMMI-.{s) ofDOfPtJl'a/iol"s))
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described in paragraph(s) (a). (b). (c) above; (stri/CuJUl ~ to /nappIicabIe paragraphs)
o (f) A transferee described in paragraph( ) (l1Wr1 only one t1f".,..graph (.;. (b) or (e) ..... .. appIlcefe) and am mak ing this affidavit on my own behalf and on
behalf of (/IrNtlname t1f sptJlI$B) who is my spouse described
in paragraph ( ) (insert only _ t1f".,..grsph (.;. (b) or (e) ..... .. appIicablf) and as such. I have personal knowledge of the facts herein deposed to.
2. (To I>> completed "".,. the valw of the consideration for the conw.yance exCfl8ds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) Oa) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. Ntnr. CIeute 2(1)(d) imposes en lIdditionel tlIX et the rllte of on.helf of one per
o does not contain a single family residence. cent upon the velue of consideretion in excess of $400,000 where the convey-
o contains more than two single family residences. (_ lIIBtructiOn 3) enee conuirllllt Ieest one end not more then two lingle femily r.idences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1 Iff) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (_ InstructiOns 4 and 5) none
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4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
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(a) Monies paid or to be paid in cash . . . . .. ...... ....... $
(b) Mortgages (i) Assumed (BhGw principal and InleresllO be credited against purch_ price) . . . . . .. $
(ii) Given back to vendor . . . . . . . . . . . . . $
(c) Property transferred in exchange (detail below) .... . . . . . . . . . . . . . . . . . . $
(dl Securities transferred to the value of (delail below) . . . . . . . . . . . . . . . . . . . . $
(e) Liens. legacies. annuities and maintenance charges to which transfer is subject . . . $
(f) Other valuable consideration subject to land transfer tax (delail below) ........ $
2.00
nil
nil
nil
nil
nil
nil
All Blanks
"ust Be
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Filled I".
Insen 'Nil'
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7.
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a)ro(f)) .................... $ 2.00 $ 2.00
(h) VALUE OF ALL CHATTE LS - items of tangible personal property
fR.ail sales Tu i$ payable on tM va/w of all CIl4tte/s unUJss exempt under nil
/he provisions of /he 'Relall Sales Tu Act". R.S.O. 1980, c.454. .. amended) . . . . . . $
(i) Other consideration for transaction not included in (g) or (hi above $ nil
(j) TOTAL CONSIDERATION .................................................. $ 2.00
If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. (_ instructiOn 6)
'J1hi ~ is a 'T'ran~fp-r to thE.! Municipali~ pursuant to a SUbdivision Agreement.
If the consideration is nominal. is the land subject to any encumbrance7
Other remarks and explanations. if necessary.
WMre
Applicable.
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Sworn before me at the City of 'Toronto
in the Municipality of Metropolitan 'forcntc
this 1:3..,.-.IL day of re::,S.eeUfrA Y 1990l.
AcommlniO"~fO~i~~
A.. /-~
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Prope
rty Information Record For Land Registry Office Use Only
Describe nature of instrument: Transfer of land Registration No.
(j) Address of property being conveyed (if available) unlcncMn
(ii) Assessment Roll No. (N,va/lable) not <:ISSl gned
Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see Instruction 7) 40 rr'Pnp=or;:mce St l"P-P-t , Ba.o.lrnanville, RegiSlraliOn Date I Land Registry OffICe No.
Q.)U rio L]C JAG
(j) Re istration number for last conve ance of property being conve ed (N available) tn'lknc:Jwn
Bignalure(s)
Nicl}olas T. Maces
A.
I B.
I C.
I D.
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Oi) Legal description of property conveyed: Same as in D.(i) above.
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'T'nrrn-ti"n r On t-)'lrio MSH 2 Z 1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all IndiVidual transferees Roman Catholic? Yes 0 No 0
(b) If Yes do all Individual tran51erees Wish 10 be Roman Catholic Separate School Supporters?
(e) Do all IndivIdual transferees have French Language Education Rights? YesD No 0
(d) If Yes. do all individual transferees Wish to support the French Language School Board (where established)? Yes 0 No 0
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public SChool Board or Sector unless ottlelWise directed in (a) and (b).
y
YesD
NoD
Not known gg
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YesD
NoD
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04490 (90.09)
(10) Party(les) (Set out Status or Interest)
Name(s)
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hUIll No ~O~
~. !II, ~;')VIII~tl
~ Ontano
Document General
Form 4 - Land Registration Reform Act, 1984
h' 0'
(1) Registry 0
(3) Property
I dentlfler( s)
Land Titles ~
(2) Page 1 of [ pages
Property
Block
Additional:
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(4) Nature of Document
POSTPONEMENT OF CHARGE
(Subsection 81 (6) of the Act)
(5) Consideration
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Part of Parcel Plan Section 40M - r 6 T 'f
being part of Lots 1, 2, '6 and 7, Plan 401\1- r 67 'if r..f
Town of Newcastle. Regional Municipality of Durham
and designa ted as Parts 1, 2 3 and. 4 on
Plan 40R- r J vt ct ~
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Dollars $
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(6) Description
New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
(7) This
Document
Contains:
! (b) Schedule for:
o l Description 0
Additional
Parties 0 Other 0
(a) Redescription
New Easement
Plan/Sketch
o
(8) This Document provides as follows:
Royal Bank of Canada, the registered owner of the charge registered November
28th, 1988. as No. 16232, in favour of Henri Lacroix and Lina Lacroix and
subsequently assigned by the said Henri Lacroix and Lina Lacroix t~~e Royal
Bank of Canada by instrument No. LT570680 registered November Ht, 1991,
charging the land registered in the Land Registry Office for the Land Titles
Division of Durham (No. 40) as Parcd 39 1, in the Regi5h~1' for Section COIL 3
Dal'liRgton, a..,=> In ~ &; dt:JoV~
HEREBY POSTPONES said charg-e No. 16232 and assignment No. LT570680 to a
to the transfe!L to The Corporation of the Town of Newcastle registered
on 14~ day lof Fib~~ 19~, as instrument No. LT. "'6<{2..4-St
ck~~r
,
Continued on Schedule 0
(9) This Document relates to Instrument number(s)
16232 & LT570680
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROYAL BANK OF CANADA
Signature(s).",.,"':'.____.f:: -r--- D~te of Si~natureD
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N Title i !:
~~N . . . . . . . . ~ . . g:r; ~ ).~I?9~I?9 SI<?I?~:r;<?:J- i ~??~ , : . pi,?~
ame Tlte ! !:
w~ .l:u;n~~ . ~l}~ . ~l;ltJ:l~r~t,Y . . t.q ,l?i,l1;q. . . . j . , . " ., J . .
the Bank. 1 1
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'.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Address
for Service
(12)Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M D
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(13) Address
tor Service
(14) Municipal Address of Property
(15) Document Prepared by:
Fees and Tax
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5 Registration Fee
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not assigned
Ronald R. M. Strike.
Strike, Salmers & Furlong,
Box 7,
Bowmanville, L1 C 3K8
( 416-623-5791)
Total
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il (8) This Document provides as follows:
DYE & DURHAM 00. LIMITeD
FOfm No 985
~ Province
~qp'~ of
~ Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
o
(1) Registry 0
(3) Property
Identlfler(s)
Land TIUes~ (2) Page 1 of1
Block Property
Additional:
See D
Schedule
pages
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(4) Nature of Document
OSTPONEMENT OF CHARGE
(Subsection 81 (6) of the Act)
(5) Consideration
, II
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Part of Parcel Plan -(
being part of Lots 1, 2,
and designated as Parts
Plan 40R- (; C{ C{ J
Town of Newcastle, Regional Municipality of
Durham
C9
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Dollars $
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(6) Description
....
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Section 40M - J 6 ~'-f
6 and 7, Plan 40M-!"f
1, 2, 3 and 4 on
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New Property Identifiers
Additional:
See
Schedule
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Additional:
See
Schedule
(7) This
Document
Contains:
Additional
Parties 0 Other D
! (b) Schedule for:
D':: D " D
ascriptIon
(a) Redescription
New Easement
Plan/Sketch
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ROY AL BANK OF CANADA, the reiPstered owner of the charge registered May
30th, 1991, as No. NL32773 chargmg the land registered in the Land Registry
Office for the Land Titles Division of Durham (No. 40) as Pm:cel 39 1, in the
-Register for S~CtlOll Con. 3, DSFli1'lgtQR, a..'o:. In R::H:J"I. f.o tA..-":Jo v-e..
oFea..~r
HEREBY POSTPONES said charge No. NL32773 to a transfer"'to
The Corporation of the Town of Newcastle registered ~r-:e.~B_e:r- J~
as instrument NO. LT ~~.z.'1~4 rKJ...X\..WAYY
, 1991~
Continued on Schedule 0
(9) This Document relates to Instrument number(s)
NL32773
(10) Party(les) (Setout Status or Interest)
Name(s)
Signature(s) Date of Signature
~ v M 0
-~~=------'_.- ~,--"--"-r====l1991 ~1 j 25
Robe _._.r'~.....,' 'Sr: '}\Ccount'Mgr: . i . . . . . ! . . T . .
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.,. . " . ............11991.:11.:.25
B rs , gr. LendJ.ng Control i :!
We have the authority to bind ! :!
. . . . . ... . . . . . . . . . . . . . . . . . . . . . : . . . . . : . . Oi" . .
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(12)Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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. · · · · . · · · · · · · . · · · · · · · · · . · · · · · · · · · · f.. . · ·
(14) Municipal Address of Property
not assigned
(15) Document Prepared by:
Ronald R. M. Strike,
Strike, Salmers & Furlong,
Box 7,
Bowmanville, Ll C 3K8
( 416-623-5791)
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J.-~ PrOvince
~V~of
~ Ontario
Transfer/Deed of Land
DYE & DURHAM co LIMIT EO
Form No. 910
Form 1 - Land Registration Reform Act, 1984
A
(1) Registry 0
(3) Property
ldentlfler(s)
Land Titles [J: (2) Page 1 of 2
pages
Block
Property
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(4) Consideration
T W 0-- --------------- --- -- ----
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(5) Description
This is a:
Property
Division Ut
Dollars $ 2.00
Property
Consolidation 0
u: .....
u. ...... ,fZ
New prcprty Identifie~
(,;)
S5 Additional:
.. See 0
Schedule
Part of Parcel Plan
and being Blocks 33, 34,
3' on Plan 40M- r <0 y 'f
Town of Newcastle, Regional Municipality of Durham.
Section 40M-1 tP ~ '-f
35, 36 and 37 and
Executions
Additional:
See
SChedule
o
6) This (a) Redescription : (b) Schedule for:
Document New Easement
Contains Plan/Sketch Q: Description 0
(7) Interest/Estate Transferred
Additional Fee Simple
Parties 0 Other 0
8) 'l"ransferor(s) The transferor hereby transfers the land to the transferee](~HiKItcili~:aJiNiiliJi~~~~~~HlfiHtXXXXX
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . .
Date of Signature
Y M 0
11991 ;11 120
.. . .' . .::: Gliaa.m' . '. ~'S~e:::ent: 1;~~;: !"ui :;0
. .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . We. have .tlie .autborit .to .bind .the. . j. . . . . ",:, . . : . ..
, .
Corporation. .:.
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
y M 0
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. ,.
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O)Transf~or(s)Add~s
for Sel'Ylce
5460 Yonge Street, Suite 212, North York, M2N 6K7.
Date of Birth
Y M 0
1 .
I ."
. . . . .TH.E .CQRP.ORA.'rI.ON. O.p. .'rf.IE. T.OWN .OF. NEW.CAS.'l'LE........................ j......L. .1....
, "
. .'
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, "
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . ~ . j . . . . . .!. . . : . . . .
. "
. .'
. "
. .'
. .'
. .'
~ . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . .:. . . : . . . .
i :;
, '
. .
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2) Transferee(s) AddretlS
for Sel'Yice
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
I Y:M 0 l Y ,MID
: '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
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 i Y :M; 0
Address of S' : : I
Solicitor 'gnature. . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . .!. . . .. . . . .
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (il) 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. . . . . . . . . . . . . . . . . . . . . . . . . .
.
,
.
,
. ,
I. . . . . .!. . . .. . . .
(15) A.....ment Roll Number
. of Property
18) Municipal Address of Property
not assigned
Cty. Mun.
Map ! Sub.: Par.
. .
. .
. .
. .
not assigned
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~ Registration Fee
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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
Total
I
li,"E & DURHAM CO INC. . Form No. 500
, AmencIed ,",
';)..~:J-..
Affidavit of Residence and of Value of t~ Consideration
Form 1 - land Transfer Tax Act
Pl~n -I f:f?c~j('n 40M-
)1 on Pl~n 40M-/6r'i (fJJJ'<('
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Refer to al/ instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF fm.rtbIWlrJf/st:rlptionof'-'d) P~rr of P~r~F>l
~nn hping F<l()~~S 33, 3(, 35, 39 and 37 ana
Town of Newcestle, Re~ional Municipality of Durham
BY (print na_ of 811 """'''rors in tun) 8 4 8 6 0 1 On t ar i 0 Inc_
I TO (- in6trut:tion 1 end print _ of., ~ In IuIQ
'!he Corporation of the Town of Newcastle
Nicholas T. Macos
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I. ,.. in6trut:tion 2 end print MIM(S) In IuIQ
I
MAKE OATH AND SAY THAT:
1. I am f".,. a cINr INIIr within 1M ~ ~ tNt - of 1M fdIowint1 paraQntphs tNt ~ 1M eapacIty of",. dtIpoMnf(a)): .. Ina1rur:1ion 2)
o (al 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;
Old) The authorized ~Iicitor acting in this transaction for (/IWrt 1lMHI(.) Of pt/ncifMI(a)) '!he eo~ratj on of th,:. ~
of Newcastle
I
described in paragraph!s) (al, (bl. (c) above; ~,f1Ut___to~~)
o (e) The President. Vice.President. Manager. Secretary, Director. or Treasurer authorized to act for (/neIJrt llMHI(a)DI<<JIPOoIll/o.'J(.))
I
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described in paragraph(sl la), Ib). (c) above; (atrf#(, our ___ to NppI~ ".,..gntphs)
o If) A transferee described in paragraph! I (/IWrt only _ of ~ fa), (b) or (e) above. .. fIPPIlt:abIe) and am malt. ing this affidavit on my own behalf and on
behalf of (/IlIIen _ t1f $pOlIN) who is my spouse described
in paragraph ( ) flnurt DfIty_ t1f ~ fa). (b) or (e) above... fIPPI/cabIe) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be t:OIr/IIIetfld wfI.,. tile valu. of the consic>>ration for the convayance exCfHlds $400,000).
I have read and considered the definition of "single fam ily 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. Nott.: Clause 2(1Hdl imposes In lIdditional tax It the rite of one-half of one per
o does not contain a single family residence. cent upon the value of conlidel'lltlon in excess of $400,000 where the convey-
o contains more than two single family residences. f_ intItruction 3) lnee contains It least one and not more than two lingle family residences,
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and Ig) 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. (_ insttlJctlona 4 and 5) none
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4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
I
(a) Monies paid or to be paid in cash . . . . . . . , . . . . . . . . . . . . . . . . ., $
Ibl Mortgages (j) Assumed (ahGw principal and Int,,. to be CMdltfld 8g4inst purcllaN priCe) ...... $
Iii) Given back to vendor . . . . . . . . . . . . . . . . . . . . . . $
Icl Property transferred in exchange fdetail below) .... . . . . . . . . . . . . . . , . . $
(dl Securities transferred to the value of (del8i1 below) . . . . . . . . . . . . . . . . . . . $
(e) Liens. legacies. annuities and maintenance charges to which transfer is subject . . . $
If) Other valuable consideration subject to land transfer tax fr>>t/lll below) ........ $
2.00
nil
l}il
nil
nil
nil
nil
NI B/anlls
MU$t S.
I
F'dJfId In.
lnu" 'Nil'
I
(g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Totalof(a)to(fJ) .............. $ 2.00 $ 2.00
(h) VALUE OF ALL CHATTELS. items of tangible personal property
(F/egll sw.s Tax Is payable DfI the VIIIUfI of .11 cIlanllls UI'I/fi$ exampt undllr nil
filii proviaiOM of 1M "FI#I/I/I SIIIfi Tax Act", R.S.O. 1980. c.454. lIS amendfld) . . . . . . . . . . . . . . . . . . . . . . . . .. $ -
Ii) Other consideration for transaction not included in (g) or (h) above . . . . . . , . . . . . . . . . . . . . .. $ nil
(j) TOTAL CONSIDERATION ....................... . . . . . . . . . . . . . . . . . . . . .. $ 2.00
5. If consideration is nominal. describe relationship between transferor and transferee and state purpose of conveyance. (_ instructiOn 6)
'TtI;1=: ]1=: ~ Tranl=:fp.r to 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.
WheIW
AppliCable.
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Sworn before me at the City of 'Toronto
in the MLmiCipali. '~tropolitan Torcntc
this 8 day 0 19fZ-
~ ' .
A Commissioner for taking A;;;Vavits. etc. , /
, eignature(s)
11.1'; -. ... 'T'.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Transfer of land RegiStration No.
B. (i) Address of property being conveyed (ff avan.bIe) unknc:Mn
Iii) Assessment Roll No. (IfavaJlIIbIe) not ~II=:I=:; gnP.d
C. Mailing addressles) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 ~l"RnlP St.r'eet, ;aowmanville, RegistratiOn Date Land Registry Office No.
Clltcrio LIe 3~6
D. Ii) Registration number for last conveyance of property being conveyed (If avallllble) 1mkr1oI.in
'1
7......
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Iii) Legal description of property conveyed: Same as in 0.(0 above. Yes 0 No 0 Not known gg
E. Name!s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'Tb~rd~'o r On~~ri 0 MSH 2Zl
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all,ndlvldual tranSferees Roman Catholic? YesO No 0
(b) If Yes. 00 all individual transferees Wish to be Roman Catholic Separate School Supporters? Yes 0 No 0
(c) Do al( IndiVidual transferees have French Language Education RIghts? Yes 0 No 0
(d) If Yes, do all individual transferees wish to sUppDrt the French Language School Board (where established)? Yes 0 No 0
NOTE: As to (c) and (d) the land being transferred will be assigned to the French Public School Board or sector unless otherwise directed in (a) and (b).
04490 (90-09)
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New Property Identifiers
Executions
Transfer/Deed of Land
UYE & IJLJHHAM co. L1MIIEU
form No. 910
Form 1 - Land Registration Reform Act, 1984 ,
A
.....
C
(1) Registry 0
(3) Property
ldentlfler(s)
Land Titles ~ (2) Page 1 of 2
pages
Block
Property
Additional:
See 0
Schedule
{. (4) Consideration
~
.,..",..l l!l... Two-------------------------
~~ "0
. ~
\).. ~ (5) Description This is a: Property 0 Property 0
!i Division Consolidation
\ c
t -J
\'{
2.00
C'?
~
Dollars $
:;r
......
a;
Part of Parcel Plan
and being Block 29
Town of Newcastle,
of Durham
-( Section 40M- ( 6 '1'1'
on Plan 40M- ((; ~'1'
Regional Municipaltiy
(\J
0')
Additional:
See
Schedule
o
Additional:
See 0
Schedule
This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch ~ Description 0
(7) Intentst/Estate Transferred
Additional Fee Simple
Parties 0 Other 0
I), ~r~~s~~o,r(~), ~h~ ,tr~~~~e~o,r ~~r~~y,tr~~s~e,r~ t~~ I~~~ t~ ,t~e, t~a,n~f~r~ ~~~~~~~~~~~~~, , , , , " """~",.,
@ Date of Signature
_~~~~~~~~: ~~~~~I~: :I~~~ :: ::: : : : : : : :::::::::::' ~si:gh~a~tr~o~ek~s~ M:' ' (:::::: J.~~y~~ .l,~M~ ~
ent : ::
"",. .l.~~~~ ,!.~~~V
sident! !:
bind! !!
. . . . . . . . "!. . . . . 0;0 . . ; . . .
I..
, . , , , , . , , , .1,
Ghasem G . r
.w~ ,l).~y~. Uj~, ~:u.tJ1.O.:dty,
the Corporation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
Date of Signature
Y M D
Signature(s)
,
.
, '
. . . . . . . . . . . . . . . . . . . . . . . . . . .. ..................................:......... 1
. .
, !
) Transferor(s) Address
for Service
(11) Transferee(s)
5460 Yonge Street, Suite 212, North York, On M2N 6K7
Date of Birth
Y M D
I' ,~~~, ??~~?,~~!~?,~ ,~~, !.~~ ,~?~~. ?,~ ,~~,\~?~~~~,~"""""""""""" ., J...".:,., J,'"
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I:,' '..',' ,.,',",.",', '.,",',', '.',',:',.,' """,....'"'..',..""""""".",,'.,, '1"'" '\" .\.,"
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . .1. . . . . .,. . . '. . . .
: : J
! ::
: ::
) Transferee(s) Address
for Service
40 Temperance Street Bowmanville. On 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 MO, Y M D
1 f f
1 I, I . 1 t:
Signature, , . , , , , . , , , , , , , , , , , , , , . , ,:, , , , , ,:, , , ) , . ,: Slg~ature""."",."."""",.".!""" :. . . .: , , , ,
SoUcitor 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 I Y 1 M; 0
Address of S' : : i
Solicitor Ignature, , , , , , . , , , . , , , , , , , , , . , , , , . .' , . , , . ,~, , , .', , , ,
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 49 (21a) (c) (il) 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
(15) Assesament Roll Number
of Property
6) Municipal Address of Property
not assigned
73 (121M)
Date of Signature
Y M D
Signature, , , , , . , , . . . . . . , , , , , , , , , , , ,
.
,
,
,
, ,
\. . . . . .!. . . .. . . .
Cty. Mun.
Map I Sub.! Par.
, ,
, '
, .
, ,
Fees and Tax
>c
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Z Registration Fee
o
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not assigned
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(17) Document Prepared by:
Land Transfer Tax
Ronald R. M. Strike
Strike, Salmers & Furlong
P.O. Box 7
Bowmanville, On L1C 3K8
(416-623-5791)
Total
*
Affidavit of Residence and of Value i-t1e ~o~sideration
Form 1 - Land Transfer Tax Ac'
Refer to all instructions on reverse side. Part of Parcel Plan-l Section 4OM-1684 and
IN THE MATTER OF THE CONVEYANCE OF (il1NltbMfDescriptiono,\."f2..___ '
being Block 29 on Plan 4OM-1684, Town of m'w~ClStle, Regional Municipality of Durham
DYE & DURHAM CO. INC. . Form No. 500
Amended 1"1
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a Y (prfnt names of 11II traMIwors In full)
848601 Ontario Inc.
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'!he Corporation of the 'l'cMn of Newcastle
TO (_ m.tructIon 7 end print nanw of III ".,.,.,.. In full)
Nicholas T. Maces
I
I, _ m.tructIon 2 end print nam.{') In full)
I
MAKE OATH AND SAV THAT:
1. I am ~. dur 11III'* w/tfIIn IIIe ~ oppI>>Ite Ihal _ (ll1IIe toIkJw/n(J parllgrapl/$ Ihal deltcr/be$1IIe capadty of ... ~.)): (_ InIJtnIcfjon 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-describecl conveyance to whom the land is being conveyed;
o Ic) A transferee named in the above-describecl conveyance;
Old) The authorized ~Iicitor acting in this transaction for (/nMtl NrM(.) of prInc/peJ(,)) 'Ibe Corrorati 0J"l or the 'TrLm
of NflW~A!=;tle
I
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described in paragraph(s) la), (bl. Icl above; (IIltIlIl.oul..--1o 1IIItppI/DeIe,.,..."".)
o Ie) The President, V ice-President, Manager, Secretary, DireC1or, or Treasurer authorized to act for (/nMtl NrM(.) of OOIP''''/(JI>(.))
I
described in paragraph(s) la), Ib), Ic) above; ($trIU DIll m.r.-Io InIpplICIIbIe paragrap/'ll)
o If) A transferee described in paragraph! ) (inlMlrtonly_ of paragraph (a), (b) or (c) above," spp/IcabIe) and am making this affidavit on my own behalf and on
behalf of (/nMtl- of~) who is my spouse described
in paragraph ( I (/naerf only _ of paragraph (a), (b) or (C) above, ..~) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be com1*fed wMffI 1M Wllue of the conside,.tion tor the OOIIlIl!t)'llnoe exceeds $400,000).
I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single family residences. NIne: CI..... 2( 11(d) imposes.n lIdditlonal tax It the rite of one-h.1f of one pe/'
o does not contain a single family residence. cent upon the velu. of conside,.tion in excess of $400,000 where the convey-
o contail'ls more than two single family residences. (_Instruction 3) .nee contains It lust one .nd not more then two lingle fllmily residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (_lMtruc1ions 4 and 6) none
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4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash . . . . . . . . . . . .. ...................
(b) Mortgages (j) Assumed (shGw prif/ctHII and Interest 10 be C/8d1l1d 8{JlIIMt pUfCM.. price) .......
Iii) Given back to vendor _ . . . . . . . . . . . . . . . . . . . . . .
(c) Property transferred in exchange (-'11 below) .. . . . . . . . . . . . . . . . . . . . . . . . .
Id) Securities transferred to the value of (dtllllil belOw) . . . . . . . . . . . . . . . . . . . . . . . .
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject . . . . . . .
If) Other valuable consideration Subject to land transfer tax (det.11 below) ........
(g) VALUE OF LAND. BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (fJ) ....................
{hj VALUE OF ALL CHATTELS - items of tangible personal property
~"iI Sa. Tax is ".~ on 1M VIIIu. of llil cI1stta" UfI1ess e"emplllnder $ nil
IIIe pr'OlIi$Ion. of tile 'Relell Sales Tax AcI', R.S.O. 7980, c.454. as ernent1ed) . . . . . . . . . . . . . . . . . . . . . . -
(i) Other consideration for transaction not included in Ig) or (h) above .................. $ nil
(j) TOTAL CONSIDERATION .................................................. $ 2.00
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ Inslruction 6)
'T'hi~ i~ a 'T'ran~f2r to thE' Mlmicipality pursuant to a SUl:rlivision Agreement.
6. If the consideration is nominal, is the land subject to any encumbrance?
7_ Other remarks and explanations, if necessary.
$ 2.00
$ nil
$ nil
$ nil All Blanks
$ nil Muat a-
$ nil FUIed In.
$ nil
'IIHn 'Nil'
$ 2.00 $ 2.00 Wher8
AppbbIe.
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Sworn before me at the Ci ty of 'Ioronto
in the Municipali ty of Matropoli tan Torcntc.
this 13th day of F 19 92
~- --?-~
#ligneluM(S)
I
A Commissioner foria
I
Property Information Record
A. Describe nature of instrument: Transfer af !and
B. (i) Address of property being conveyed (lfavllilable) unknown
For Land Registry Office Use Only
Registration No.
I
(ii) Assessment Roll No. (If.VIIIIabIe) nnt: .r;.!=;~:i gnErl
C. Mailing address(es} for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 ~~nC'P S~t, Bar.lmanville,
Q:1ti"rio LJe 3~6
Regislr.tion 081e
Land RegIStry OffiCe No.
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D. {j) Registration number for last conveyance of property being conveyed (If .VIIIIabIe)
Iii) Legal description of property conveyed: Same as in D.li) above. Yes 0
E. Name(sl and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
'T'n~It-n, ()nt-Aria MSH 2z1
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are all Individual transferees Roman Catholic? vesD No D
(b) If Yes do all md'vldualtranslerees Wish to be Roman Catholic Separate School Supporters?
(C) Do all IndIVidual transferees have French Language Education Rights? Yes 0 No D
(d) " Yes, do all Individual transferees wish to suppon 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 Of SectOf unless otheNtise directed in (a) and (b).
tmkncMn
No 0 Not known gg
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YesD
NoD
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04490 (90-09)