HomeMy WebLinkAbout91-140
ON: VELTRI. BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 9l-~
being a By-law to authorize the entering into an Agreement with
Veltri and Son Limited and the Corporation of the Town of Newcastle
for the development of Plan of Subdivision 18T 84035.
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 Veltri and Son Limited
and the said Corporation in respect of Plan of Subdivision l8T-
84035.
2. THAT the Mayor and Clerk are hereby authorized to accept, on
behalf of the Town, the said conveyances of lands required pursu~nt
to the aforesaid Agrement.
BY-LAW read a first time this 16th
September
day of
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
VELTRI AND SON LIMITED
SUBDMSION AGREEMENT WITH
THE CORPORATION OF
THE MUNICIPALIlY OF CLARINGTON
DRAFT PLAN OF SUBDMSION NO. 18T-84035
NOW
PLANS OF SUBDMSION 40M-1886
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VELTRI AND SON LIMITED
SUBDIVISION AGREEMENT WITH
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
DRAFT PLAN OF SUBDIVISION NO. 18T-84035
NOW
PLANS OF SUBDIVISION 40M-1886
INDEX
1. Subdivision Agreement registered as Instrument No. LT 575222
2. Certificate of Solicitor
3. Inhibiting Order
4. Transfer of Storm Sewer Easement over Parts 1 and 2 on Plan 40R-17785 and
Postponements of Charges LT 577504 and LT577516
5. Transfer of Reserve Blocks 21 and 22
1
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DYE & DURHAM CO. llMITEe
. Form No. 98S
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Document General
Form 4 - Land Registration Reform Act, 1984
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(1) Registry 0
(3) Property
Identifier(. )
Lend Title. IX! T (2) Page 1 07t'1 pages
Block Property
Additional:
See 0
Schedule
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(4) Nature of Document
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Notice of Subdivision Agreement (Section 74 of the Act)
(5) consideration
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Dollars $
(6) Description
.....
.....
Parcel 12-2, Section Con. 2, Bowmanville, being Part of Block
n and Part of Lord Elgin Street according to C.G. Hanning's
Plan being part of Lot 12, Concession 2, Geographic Township
of Darlington, Town of Newcastle, Regional Municipality of
Durham, designated as Parts 1 and 2 on Plan 10R-3725.
.......
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New Property Identifiers
Additional:
See 0
Schedule
t:x~lons
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
I, (b) Schedule for:
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 Veltri and Son Limited as Parcel 12-2, Section Con. 2, Bowmanville 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 0
( (9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
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, . . THE. CORPORATION OF.THE .TOWN . . . . . . . .
OF NEWCASTLE by it solicitors
. . SHIBLEY RlGHTON .per. Nkhelas . . . . . . . . . . . .
T. Macos
Signature(s) Date of Signature
Y M 0
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.. . . . .............................,1991.,.. .:...
Nicholas T. Macos i! I
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(11) Address
for Service
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(12) Party(les) (Set out Status or Interest)
Name(s)
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Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
not assigned
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
I~ Fees and Tax
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(15) Document Prepared by:
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Page 2
TIllS AGREEMENT made in quintuplicate as of this 21st day of November, 1991.
BE1WEEN:
TIlE CORPORATION OF TIlE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF TIlE FIRST PART
- and -
VELTRI AND SON LIMITED
(hereinafter called the "Owner")
OF TIlE SECOND PART
- and -
SUBDIVISION AGREEMENT
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ARTICLE
1.1
1.2
INDEX
1 - INTERPRETATION AND SCHEDULES ...............
. . . .
Definitions .....................................
. . . . . .
Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .
AR.TICLE 2. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.U
2.13
2.14
2.15
2.16
Recitals in Operative Part or Agreement .....................
Certification or Ownership
Copy or Plan and Agreements Required ......................
Transfer or Easements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of IAlnds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.....
Registration or Transfers
IAlnds for School Purposes ...............................
Charge on IAlnds
Registration or Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Renegotiation and Amendment of Agreement ..................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Town to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
Assignment of Agreement ................................
Replacement or Draft Plan with Final Plan(s) .................
Notification of Owner ...................................
Successors .............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot\Block Reference Numbers . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
AR.TICLE 3. FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
Payment of Taxes ......................................
Payment of Local Improvement Charges
. . . . . . . . . . . . . . . . . . . . .
Payment or Drainage Charges .............................
Payment or Development Levies . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cash in Ueu or Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . .
Performance Guarantee Required
Use or Performance Guarantee
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification or Town .................................
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Guarantee Required ..........................
Use or Maintenance Guarantee ....................... ~ . . . .
Reqairements for Release of Performance Guarantee ............
Requirements ror Release of Maintenance Guarantee ............
Payment or Town's Costs. . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . .
Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occupancy Permit Deposit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 3
7
7
11
U
12
12
12
13
14
14
14
15
15
15
17
17
17
17
18
18
18
18
18
19
19
19
20
20
20
21
21
22
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23
23
24
24
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AR.T1CLE. 4 - PIAN'NING .........................................
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.U
Not Used ............................................
Landscaping Plan and Landscaping Requirements ..............
Use of I..aDds .........................................
Lands Unsuitable ror Building
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not Used ............................................
Requirements for Building Permits
. . . . . . . . . . . . . . . . . . . . . . . . .
Moclel Homes ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~hiteetural Control Standards ...........................
Requirements for Sale of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for Occupancy Permit ........................
Not Used ............................................
Special Conditions .....................................
AR.T1CLE. 5 - PUBLIC WORKS ....................................
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.U
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
S.22
5.23
S.24
S.25
S.26
Town Works Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities and Services Required ............................
Ow1ler's Engineer ......................................
Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval or Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Grading and Drainage Plan .....................
Not Used ............................................
Approval of Schedule or Works ............................
Approval of Works Cost Estimates . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements ror 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 or Works ..................
Minor Additional Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete or Faulty Works and Uens ......................
Entry for Emergency Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Damage to Existing Services ..............................
Damage to Neighbouring Wells ............................
Use of Works by Town
MaiDteDance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . .
Requirements for Certificate of Completion ...................
Requirements for Certificate of Acceptance ...................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ow1lershlp of Works by Town .............................
Requirements for Certificate of Release ......................
25
25
25
26
27
27
27
29
31
31
32
33
33
34
34
35
35
35
36
36
36
36
37
37
40
40
40
40
41
41
41
42
43
43
45
45
46
46
47
47
.
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5.27 External Works .. · · · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 48
5.28 Financial Contributions for Certain External Works . . . . . . . . . . . .. 48
5.29 Cost of Works Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . .. 49
ARTICLE 6 - COMPLIANCE WITH REGULATIONS ................... SO
.
ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS .......... SO
ARTICLE 8 - T1~ OF ESSENCE ................................ SO
ARTICLE 9 - AUTHORl1Y TO MAKE AGREE~NT ................ SO
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "G-I" ..
Schedule "B"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-I"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule 'T'
Schedule "U"
Schedule "V"
Schedule "W'
SCHEDULES TO AGREEMENT
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash to be Paid in
Lieu Thereor'
"Works Required"
Not Used
"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"
Not Used
-External Works"
"Financial Contribution for Certain External Work"
Not Used
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
'Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
"
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THIS AGREEMENf made in quintuplicate as of this 4th day of November, 1991.
DEmREN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
VELTRI AND SON LIMITED
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto, and are hereinafter called the "Lands";
B The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute;
C The Owner has received the approval of the Regional Municipality of
Durham., (hereinafter called the "Region") to draft Plan of Subdivision 18T -84035 of the
Lands subject to compliance with certain conditions thereto including the making of
Subdivision Agreements with the Region and the Town, respectively;
D 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;
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E The Owner represents and warrants that it has or will enter into an
Agreement with the appropriate Public Utilities Commission or other authority or company
having jurisdiction in the area of the said Lands for the design and installation of the
utilities and services referred to in Schedule "H" (the "Utilities and Services");
F The Owner represents and warrants that it will enter into Agreements with
the Region and the Town to satisfy their respective requirements. financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-84035;
G This Agreement is made pursuant to the provisions of Subsection 50(6) of
the Planning Act. 1983 and is authorized by By-law 91-140 passed on September 16th, 1991;
NOW THEREFORE WlTNESSElH 1HA T in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged). the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1. INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement.
(b) "Additional Required Dedication" has the meaning assigned to in Schedule
"F' of this Agreement.
(c ) "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.
(d) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
.
,
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(e) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(f) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(g) "Certificate of Release" has the meaning assigned to it in paragraph 5.26 of
this Agreement.
(h) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham. -
(i) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule "0" of this Agreement.
(j) "Council" means the Council of The Corporation of the Town of Newcastle.
(k) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(I) "Development Charge By-law" has the meaning assigned to it in paragraph
3.4(2) of this Agreement.
(m) "Development Levies" has the meaning assigned to it in Schedule "0" of this
Agreement.
(n) "Director" means the Director of Public Works of the Town of Newcastle or
his designated representative.
(0) "Oirector of Community Services" means the Director of Community
Services of the Town of Newcastle or his designated representative.
(P) "Director of Planning" means the Director of Planning and Development of
_ the Town of Newcastle or his designated representative.
(q) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of
this Agreement.
(r) "External Works" has the meaning assigned to it in paragraph 5.27(1) of this
Agreement.
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(s) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this
Agreement.
(t) "Orading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
(u) "High Street and Meadowview Boulevard Intersection Work" has the meaning
assigned to it in Schedule "0" of this Agreement.
(v) "High Street Sidewalk and Boulevard Work" has the meaning assigned to it
in Schedule "0" of this Agreement.
(w) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(x) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
(y) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(z) "Maintenance Ouarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(aa) "Mann Street Storm Sewer Oversizing Work" has the meaning assigned to
it in paragraph 5.28(1) of this Agreement.
(bb) "Minister" means the Minister of Municipal Affairs, Ontario.
(cc) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(dd) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(3) of this
Agreement.
(ee) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
(ff) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement. ~
(gg) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2)
C?f this Agreement.
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(hh) "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,
(ii) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of the Province of Ontario.
(ij) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(kk) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(ll) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(rom) "Reconstruction Work" has the meaning assigned to it in Schedule"G" of this
Agreement.
(nn) "Region" shall mean the Corporation of the Regional Municipality of
Durham.
(00) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(Pp) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(qq) "Services" has the meaning assigned to it in paragraph 5.27(2) of this
Agreement.
"'(rr) "Solicitor" means the Solicitor for the Town.
(ss) "Soper Creek West Branch Drainage Outfall System" has the meaning
assigned to it in paragraph 5.28(2) of this Agreement.
(tt) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this
Agreement.
Page 11
(uu) "Town" means The Corporation of the Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
(vv) "Treasurer" means the Treasurer of the Town of Newcastle or his designated
representative.
(ww) "Utilities and Services" means the utilities afud services referred to in
Schedule "H" of this Agreement.
(xx) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(yy) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "A"
Schedule "B"
Schedule "e'
Schedule "0"
Schedule "E"
Schedule "F'
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof'
"Works Required"
Not Used
"Utilities and Services Required"
"DutiesofOwnefsEn~ee~
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
'.
Schedule "G"
Schedule "G-l"
Schedule "H"
Schedule "r'
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
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Schedule "N"
Schedule "0"
Schedule "P'I
Schedule "P-l"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T"
Schedule "U"
Schedule "VI
Schedule "WI
"Land Unsuitable for Building"
Not Used
"External Works"
"Financial Contribution for Certain External Works"
Not Used
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
ARTICLE 2. GENERAL
2.1 Recitals in Operative Part or A,reement
The Owner represents and warrants to the Town that each of Recitals A to F of
this Agreement is correct.
2.2
Certification or Ownership
(1)
On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title
of the said Lands and setting out the names of all persons having interests in the said
Lands and the nature of their interests.
(2)
On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title
of any land outside the limits of the said Lands, which is to be conveyed to the
Town or in which easements are to be transferred to the Town pursuant to the terms
of this Agreement.
2.3
Copy or Plan and A,reements Required
..' ~
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On the executiol\ 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 CoJ1lmi~ioner, 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
~
,
Page 13
the aforesaid Plan has been approved and Agreement has been executed by the Parties
thereto at the time of the execution of this Agreement. If at the time of the execution of
this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid
Agreement between the Owner and the Region has not been executed, the Owner shall
provide the Town with a copy of the aforesaid Plan with the stamp of approval of the
Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region
and the Owner forthwith after approval of the aforesaid Plan is granted and/or the
aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to
the Town, at the time of execution of this Agreement, one (1) copy of each of the
Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric Commission
or other authority or company having jurisdiction in the area of the said Lands for the
design and installation of the Utilities and Services, or, if such Agreement(s) have not been
executed at the time of the execution of this Agreement, the Owner shall provide the Town
with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is
executed by the Parties thereto.
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town
the executed transfers of easements which are set out in Schedule "E" and shall pay
to the Town in cash or by certified cheque the amount which is equal to any tax, fee
or cost payable at the time of or in respect of the registration of such transfers
against the title to the lands to which they apply. Such transfers shall be free and
clear of all encumbrances and restrictions, shall be made for a nominal
consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall
be in registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a planes) 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 Commi~ion 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-plectric 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. If
further easements are requested to be transferred to the Town, the Region of
Durham, the Newcastle Hydro-Electric Commission, or other appropriate authority
"
i
...
Page 14
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 paragraph 1 of Schedule "F' hereto
arid 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 ol1be registration of such
transfers against the title to the lands to which they apply. All transfers referred to in this
paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be
made for a nominal consideration, and shall be in a registerable form.
2.6 Re&istration of TransCers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time
as the Plan is registered. H such transfers are of or in respect of lot(s) or block(s) which
are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved
and registered against title, the registered number of the Plan shall be left blank and the
Owner hereby authorizes the Town to insert such Plan number after registration of the
Plan.
2.7 Not Used
2.8 Lands Cor School PuJl)Oses
On or prior to the execution of this Agreement, the Owner shall deposit with the
Town, a letter from each and every School Board having jurisdiction over the said Lands
stating that arrangements satisfactory to each and every School Board have been made
respecting the acquisition of any lands necessary for school purposes to serve the said
Lands. .,
2.9 Chs.. on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
Page 15
2.10 ReJistration of Aereement
The Owner hereby consents to the registration of this Agreement or a notice thereof
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any 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 also hereby consents 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.
2.11 Rene,otiation and Amendment of Aereement
(1) Following the occurrence of any of the events set out below in paragraph 2.11 (the
"Renegotiation Events"), the Town may give written notice to the Owner requiring
that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
will cease and will require all persons with whom it has a contractual relationship
to cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment(s) made to this Agreement. The Renegotiation Events are the following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for the said Lands which the Town considers to be
substantially different from the 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;
(ill) 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 S~bdivision 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
Page 16
(iv) construction or installation of any of the Works has not commenced within
two (2) years from the date of registration of the final Plan of Subdivision of
the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation
of specified provision(s) of this Agreement, the Owner and the Town will renegotiate
the same in good faith and with expedition. In the event that the renegotiation has
not been completed or has not resulted in agreement by the Parties prior to the
expiry of the twenty (20) day period following the date on which the notice requiring
the renegotiation is given as aforesaid, at any time thereafter the Town may give the
Owner written notice declaring this Agreement to be terminated whereupon it shall
terminate.
(2) On the termination of this Agreement by tbe Town declaring it to be terminated in
accordance with paragraph 2.11(1), none of the Parties hereto may make any claim
against the Town for 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, 5.14,5.17,5.20 and 5.21 and Article 7 of this Agreement
will survive the termination of this Agreement pursuant to paragraph 2.11(2) and
paragraphs 3.8, 5.17, 5.19, 5.20 and 5.21 and Article 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 2.11(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.12 Town to Act Promptly
".
"Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
Director is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission or
approval, then such action, decision, confirmation, authorization, permission or approval
shall be made promptly in all respects and the Town and its officials shall act reasonably.
~
Page 17
2.13 Assipment of A,reement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.13
does not relieve a subsequent Owner of the lands of any of his obligations under this
Agreement.
2.14 Re>>lacement 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 1ST -84035 has been approved by
the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this
Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and
street(s) shown on such red-lined draft Plan of Subdivision. The 40M Plan proposed
by the Owner is also contained in Schedule "B".
(2) On a final Plan of Subdivision implementing Plan 18T-84035 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 -84035 for the purposes
of this Agreement. All amendments necessary to this Agreement shall be considered
to have been'made to it and to the descriptions and references contained in it,
including without limiting the generality of the foregoing, Schedules "B", "E", "F', "G",
"N", "0", "P", "Q", "T', "U", "V" and "W" in order to replace the' descriptions and
references to the red-lined draft Plan of Subdivision 18T-84035 with descriptions and
references to and that are consistent with such registered final Plan of Subdivision.
2.15 Notification of 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:
Veltri and Sons limited
68 King Street East
Bowmanville, Ontario
LIC 3X2
Page 18
or such other address of which the Owner, as the case may be, has notified the Town in
writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice
under the terms of this Agreement and shall be effective from the date which it is so mailed
or delivered.
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
2.17 Lot\Block Reference Numbers
Subject to paragraph 2.11 of this Agreement, for the purposes of this Agreement, all
references to lot(s); block(s); 0.3 metre reserves and road widenings reflect the numbering
of each as shown on draft Plan of Subdivision 18T-84035, as approved by the Commissioner
of Planning June 7, 1991.
ARTICLE 3. FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C' hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 PQyIIlent of Local IlI\Provement Cha~s
~.:: ETior 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.
Page 19
3.3 PJQ'I11ent 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, c.500 against the Lands, as set out in Schedule "e' hereto,
including the commuted value of such charges falling due after the date of execution of this
Agreement
3.4 Payment of Development Levies
(1) The Owner shall pay all "Development Levies" (as defined in Schedule "D") in the
amounts and at the times set out in Schedule "D" hereto. For greater certainty, prior
to the issuance of any building permit in respect of any lot(s) or block(s) on the
Lands, the Owner shall pay all remaining Development Levies assessed against such
lot(s) or block(s).
(2) Without derogating from paragraphs 4.12(5),5.27(2),5.27(3),5.28(1),5.28(2),5.28(3)
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", "G",
"P" and "P-l" are intended nor shall they be considered to have the effect of
exempting the Owner in whole or in part from, or making inapplicable to the Owner,
or making inapplicable in respect of the development of the Lands, a development
charge that after the date of this Agreement may be imposed by the Town by passing
a By-law (the "Development Charge By-law") under the Development Charges Act,
1989 (the "Act"), and none of them shall be used as a justification for or the basis
of granting the Owner a credit of any amount in determining the development charge
payable by the Owner under such By-law and Act. Further, without limiting the
generality of the foregoing, it is understood and agreed by the Parties, that the
Owner's agreement to pay Development Levies pursuant to paragraph 3.4(1) and
Schedule "D" in respect of the development of the Lands or any part thereof is not
intended by the Parties and shall not have the effect of limiting the Owner's
obligation to pay only that portion of a development charge otherwise imposed by
the Development Charge By-law which is not in excess of the amount of the
Development Levies on the date of issuance of any building permit under the
Ontario Building Code Act for a dwelling(s) proposed to be constructed on the
Lands that would have been payable under paragraph 3.4(1) and Schedule "D" if the
Town had not 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.
Page 20
3.6 Performance Guarantee Required
Prior to the date of issuance to the Owner of any Authorization to Commence Work,
the Owner shall deposit with the Town, cash or an irrevocable and unconditional letter of
credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the
Town's Treasurer, and containing terms satisfactory to the Town's Treasurer in the amount
which is required by the Town to secure to the Town the performance by the Owner of its
covenants contained in this Agreement to construct and install the Works and the
pe~ormance of the Owner's obligations under paragraph 5.13(2), as well as the performance
by the Owner of its other covenants contained in this Agreement, including but not limited
to its covenant under paragraph 4.11. Such cash deposit or letter-of credit shall be in the
amount required by the Directors of Community Services, Planning and Development, and
Public Works as has authority under this Agreement. With respect to the Works, the
deposit shall be in an amount at least equal to the "Works Cost Estimates' (as hereafter
defined) for the construction and installation of the Works which either are the subject of
an Authorization to Commence Work or for the issuance of which an application for such
Authorization has been made by the Owner. (The cash deposit(s) or letter(s) of credit
which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and other
provisions of this Agreement are called the "Performance Guarantee".)
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) required to remedy the Owner's default at the
date of the appropriation. Forthwith after making each such appropriation, the Director
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 Indemniftcation of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions, claims, liabilities, losses, damages and expenses including reasonable legal
fee!Avhich arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, or the design, construction, and/or
installation of the Works provided for in this Agreement.
(2) The Owner shall continue to indemnify and save harmless the Town as provided in
paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the
Owner and notwithstanding any arrangements that may be made by the Town with
any person respecting any of the matters indemnified against under this Agreement.
Page 21
(3) Por 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) Prom the date of issuance of a Certificate of Completion of the Works or any of
them, until the date of issuance of a Certificate of Acceptance of such Works, the
Owner agrees with the Town to promptly correct, remedy, repair or replace any
portion or component of such Works that the Director determines to be defective
or deficient having regard to the provisions of this Agreement at the Owner's cost
(the "Maintenance Guarantee"). The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) Prior to the date of issuance of a Certificate of Completion of the Works or any of
them, the Owner will deposit with the Town cash or an irrevocable and
unconditional letter of credit issued by a bank listed in Schedule" A" or "B" of the
Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to
the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security
for the Maintenance Guarantee shall be in an amount not less than fifteen (15%)
percent of the cost of the Works in question referred to in Schedule "J" hereto. In
the event that the Owner fails to perform the Maintenance Guarantee, the Town
may correct, remedy, repair or replace the defective or deficient Works, portion of
Works or component thereof and appropriate the whole or any part of the Security
for the Maintenance Guarantee as is necessary to indemnify the Town in respect of
the cost of doing so.
(3) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works covered by the Certificate of Completion referred to in
paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant
period of the Maintenance Guarantee for pte following Works as set out below:
(1) "Storm Sewer System" (as hereafter defined) includini the Storm Sewer Work;
a minimum of :two (2) years commencing on the date of issuance of the
.'
Page 22
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 Use of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner
to the Town under this Agreement. The amount(s) of such appropriation shall not exceed
the cost as determined by the Director of correcting the deficiency(s) or defect(s) in the
Works or a portion or component thereof, which is covered by the Maintenance Guarantee
and is in question. Forthwith, after the Town makes any such appropriation, the Director
shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the
Owner shall restore the Security for the Maintenance Guarantee to the full amount
required by this Agreement.
3.12 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
pngineer in respect of the completed Works if such has been submitted to the Town
by the Owner.
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) a Certificate of Completion has been issued for the Works for which such
Performance Guarantee is required under this Agreement;
Page 23
(b) the Owner has deposited with the Town, the Maintenance Guarantee applying
to the Works for which the Performance Guarantee was required; and
(c) the Town is satisfied that in respect of the construction and installation of the
Works for which such Performance Guarantee was required, there are no
outstanding claims to such Works.
..
3.13 Requirements for Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works.
(c) The Town has received the as-built drawings for such Works from the Owner.
3.14 P1U'JI1ent 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) The Owner shall pay to the Town for all estimated engineering and inspection costs
in accordance with the provisions of Schedule"R" forthwith after a written demand
therefor is given to the Owner by the Director.
(3) After giving reasonable notice to the Town, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraphs 3.14(1) and 3.14(2).
3.16
_.
.. ~J
Page 24
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
TO\\tll taxes which are in arrears at the date on which the default in question commences.
There shall be added to the interest so calculated and payable, an amount which is equal
to the late payment charge which may be added to Town tax arrears payable by a ratepayer
of the Town at the date on which the default in question commences.
Occ_pan(y Pennit Deposit
(1)
Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner shall deposit with the Town an irrevocable
and unconditional letter of credit issued by a bank listed in Schedule "A" or Schedule
"B" of the Bank Act acceptable to the Town's Treasurer, in the amount of ten
thousand ($10,000.00) dollars (the "Occupancy Permit Deposit") to secure the
performance of the Owner's covenant to the Town that occupancy of any dwelling(s)
within Phase 1 of the Development of the Lands will not take place before an
"Occupancy Permit" (defined in paragraph 4.10) is issued by the Director of
Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of
credit shall contain terms satisfactory to the Town.s Treasurer. In the event that
occupancy of dwelling(s) occurs before the date of issuance of an Occupancy Permit
contrary to the provisions of paragraph 4.10, the Town may draw upon and
appropriate from the Occupancy Permit Deposit the amount necessary to permit the
Town to comply with the requirements of paragraph 4.10 on the Owners behalf and
at the Owner's cost. In the event that the Town so appropriates the whole or any
part of the Occupancy Permit Deposit, forthwith after it is given written notice of
the amount of the appropriation, the Owner shall restore the Occupancy Permit
Deposit to the full amount of ten thousand ($10.000.00) dollars. The Occupancy
Permit Deposit or the unused portion thereof shall be returned to the Owner at such
time as the last dwelling which may be constructed on Phase 1 of the Development
or the Lands is permitted to be occupied pursuant to an Occupancy Permit. H a
letter of credit is: deposited as the Occupancy Permit Deposit, the Town agrees to
permit the Owner or a purchaser of a lot(s) or block(s) on the 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.
Page 25
(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 Not Used
4.2 Landscapine Plan and Landscapine Requirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner sball
obtain the written approval of the Director of Planning and the Director of Public
Works to a "Landscaping Plan" (as hereinafter defined) for such Phase.
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning and the Director of Public
Works. The landscape architect shall prepare a draft landscaping plan showing,
among other things, boulevard road areas and vegetation, and trees to be planted
thereon. The draft landscaping plan shall conform with and implement the Town's
landscaping design criteria, as amended from time to time and the provisions of this
Agreement.
(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 t? 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;
Page 26
(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(4) and the
Landscaping Plan;
(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;
(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, 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 in the Phase in question. Any default by the Owner
in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected
by the Town at the Owner's cost. Without limiting the Town's rights under any other
provision of this Agreement, the Owner acknowledges and agrees with the Town that
the Town may appropriate a portion of the Performance Guarantee to indemnify the
Town in respect of the cost of remedying or correcting any such default of the Owner
at any time when deemed necessary by the Director of Planning. Forthwith, after
the Director of Planning gives the Owner written notice of the amount so
appropriated, the Owner shall restore the Performance Guarantee to the amount
required by this Agreement.
4.3 Use If 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.
Page 27
4.4 Lands Unsuitable for Huildine
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in
Schedule"N" hereto are unsuitable for building purposes. The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s) or block(s) until the conditions set out in Schedule"N" for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning.
4.5 Not Used
4.6 Requirements for Huildine 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", ~r 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
Page 28
Newcastle Hydro-Electric Commission and/or the authority or company having
jurisdiction over such Utilities and Services. Alternatively, the Town has received
written confirmation from such Commission, authority or company, as the case may
be, that sufficient financial security(s) have been received by it (them) on which it
or they may draw to payor to reimburse itself (themselves) in respect of the costs
of the design, construction and installation of such Utilities and Services if the Owner
fails to construct and install them;
(e) the Owner has provided the Director of Planning with a paper draft of the registered
Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning
with a mylar copy of such registered Plan of Subdivision forthwith after it is made
available to the Owner by the Land Registry Office);
(f) the Development Levies required to be paid by the Owner to the Town pursuant to
paragraph 3.4 and Schedule "0" have been paid in respect of the totes) 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
Page 29
approved by the Director for the particular 10t(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(I) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s)
or block(s) within the Plan sufficient to illustrate the future housing types and
distribution, the location of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision o( such abutting
lands;
(m) (i) the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and
has installed all necessary watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste will be maintained in
accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open
burning will not occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code;
(ill) the Owner has agreed with the Town to comply with the Ontario Fire Code
with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning
(Subsection 2.6.3.4);
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected in
which the lot(s) or block(s) in question is located, satisfy the Architectural Control
Standards contained in Schedule "'VI" hereto; and
(0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for sales display purposes
which it proposes to construct on not more than ten (10%) percent of the total
Page 30
number of lot(s) within the registered Plan of Subdivision of the Lands, provided
that:
(a) each such application is in conformity with all By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Town as is required by law and this Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot(s) or
block(s) is appropriate for the proposed model home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
(3) Any model home(s) constructed on the Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with.
H 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 fee~ 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).
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 for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not
sell-the Lands or anyone (1) or more portions of the Lands until each of the following
conditions is satisfied:
(a) the transfers of easements referred to in paragraph 2.4 have been registered in
accordance with paragraph 2.6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s) shown
on the Plan which is proposed to be sold, the Owner has obtained from the
prospective purchaser an enforceable covenant made directly with the Town by which
such purchaser agrees with the Town, that prior to the issuance of a building permit
for a building on the land in question, he will deliver to the Town, the Newcastle
Hydro-Electric Commission, other authority and/or company, as the case may be,
any transfers of easements as in such lot(s) or block(s) which are required for Town,
Region of Durham and Utilities and Services or drainage purposes, as determined
by the Director, forthwith after written request by the Director therefor is given to
the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a
licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in
question in order to perform the Owner's obligations under this Agreement and to
permit the Town to exercise its rights under this Agreement to correct or remedy a
default of the Owner in such performance;
(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 Agreemen~ and without limiting the generality of the foregoing, are subject
to the provisions of Article 7 in respect of the obligations of subsequent owners.
Page 32
4.10 Requirements for Occupan(y Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the
Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written permission of the Town (the "Occupancy Permit")
ha\ing been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(a) all of the roads which are required to be constructed under this Agreement,
and which will provide access to such building, have received the application
of the base course of asphalt, to the written satisfaction of the Director and
the required street lighting system has been installed and energized, all at the
cost of the Owner;
(b) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T.V., which are required to be constructed, installed and connected to the
building pursuant to Schedule "8", have been so constructed, installed and
connected to the written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(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
(f) the building has been finally inspected and approved pursuant to the Ontario
.
Building Code Act, the Ontario Building Code and the Plumbing Code.
Page 33
(2) 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 of Planning that it has not
been able to comply with the requirements of paragraph 4.10(1)(e) by reason of
seasonal, weather or other conditions which are considered by the Director of
Planning, in his discretion, to be beyond the control of the Owner. Prior to the
commencement of a permitted temporary occupancy of a dwelling, the Owner shall
establish, to the satisfaction of the Director of Planning that the provisions of
paragraphs 4.10(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall
provide to the Town the written confirmation required by paragraphs 4.10(1)(e)
within one (1) year from the date of the commencement of the temporary occupancy
of the dwelling pursuant to a Temporary Occupancy Permit. Until such written
certificate is provided to the Town, the Town may retain the Occupancy Permit
Deposit provided for by paragraph 3.16 of this Agreement.
4.11 Not Used
4.U Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
(2) In cases in which the well or private water supply of any person is interfered with
either as a result of the grading of, construction on, or the development of the Lands
or any portion of the Lands, or as a result of the construction or installation of any
of the Works, the Owner, at its cost, either shall connect the affected person to the
municipal water supply system or shall provide a new well or private water system
so that water supplied to the affected person shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected person prior to the
interference.
(3) The Owner shall comply with the provisions of Schedule "V" hereto.
(4) Any deadends and/or open side of road(s) allowances shown on draft Plan of
Subdivision 18T-84035 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(4).
(5) The Owner shall pay to the Town the Owne~'s share of the costs of the Stormwater
Management works on the West Branch of the Soper Creek for which this
development is tributary (the "Soper Creek West Branch Drainage Outfall System")
Page 34
in accordance with this paragraph 4.12(5). These works are described in the Master
Drainage Plan for the West Branch of the Soper Creek, prepared by Marshall
Macklin Monaghan Ltd., dated June, 1989, as approved by the Director and on file
with the Director. The total estimated costs of these works and the Owner's share
thereof are set out in the Cost Sharing Report for Implementation of the Master
Drainage Plan for the West Branch of the Soper Creek prepared by Marshall
Macklin Monaghan Ltd. dated May, 1990 as approved"by the Director and on file
with the Director. They are also set out in Schedule "P-l". Upon completion of
these works the total estimated costs and the Owner's sbare thereof shall be updated
to reflect the "as constructed" costs of the works and the them current dollar value
thereof as determined by the Director. The Owner's share of the updated costs of
the Stormwater Management works on the West Branch of the Soper Creek shall
be paid by the Owner to the Town prior to the expiry of the thirty (30) day period
which commences on the date of issuance of the Certificate of Completion of these
works of the Director. On the execution of this Agreement, the Owner shall deliver
to the Town's Treasurer and unconditional and irrevocable letter of credit in the
amount of forty-thousand four bundred ($40,400.00) dollars issued by a bank listed
in Schedule "A" or Schedule "B" of the Bank Act and acceptable to the Town's
Treasurer and shall be part of the Performance Ouarantee. The letter of credit shall
contain terms satisfactory to the Town's Treasurer. The letter of credit is to secure
performance by the Owner of its covenant to pay its sbare of the costs of the works
referred to in this paragraph 4.12(5). The Owner will not seek any credit for or
rebate of any part of the estimated or total cost of the Owner's share of the costs
of the aforesaid Stormwater Management works 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.
ARTICLE 5. PUBLIC WORKS
5.1 Town Works ReqJJlred
The Owner covenants and agrees with the Town, at the Owner's expense, to
construct and install the facilities, services, works, improvements including oversizing of any
of the ioregoing and landscaping more particularly described in Scbedules "0" and "P"
bereto (which in this Agreement collectively are called the "Works"). Prom 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 sball be fully responsible for the
maintenance of the Works including the cost thereof. After the issuance of a Certificate
of Acceptance, the Works referred to in such Certificate shall be the responsibility of the
Town.
Page 35
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 "8" in the area in which the said Lands are located which provides for the
matters referred to in Schedule "8".
5.3 Owner's Enlineer
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 'T'. 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 Desip orWorks
(1) The Owner covenants and agrees that the design of all the Works shall conform with
the Town's Design Criteria and Standard Detail Drawings. In the event of any
dispute as to such requirements or their interpretation, the dispute shall be resolved
by the Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the
Town any land or easements considered necessary in the opinion of the Director to
accommodate the construction, installation and maintenance of the Works. For
greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.6 shall
apply in respect of any such transfers of easements with all necessary changes to
being considered to have been made to give effect to the intent of this paragraph
5;4(3). Each transfer of land shall be in fee simple absolute, and free and clear of
all encumbrances. and restrictions. It shall be prepared by the Owner in registerable
form and be satisfactory to the Town's Solicitor. At the time of delivery of each
transfer of land to the Town, the Owner shall pay to the Town in cash or by certified
cheque an amount equal to any tax, fee or charges payable at the tiJne of or in
respect of the registration of such transfer against title to the lands to which it
applies.
Page 36
s.s Approval of Eneineerinl Drawinp
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of all necessary drawings of the Works (the
"Engineering Drawings"). H construction and installation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). Prom 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.
s.' Approval of Gradlnl and Dralnace Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of an appropriate Plan showing thereon the
existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and
drainage Works for the said Lands, and indicating the direction of all surface drainage,
including water from adjacent lands originally flowing through, into or over the said Lands
to the municipal storm sewer system or any other outlet approved by the Director (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. H construction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading
and Drainage Plan shall be resubmitted to the Director for his reconsideration, and
approval by the Director after any revisions required by the Director have been made to
it, (the "Reapproved Grading and Drainage Plan"). Prom 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
sA' 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
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the construction and installation
Page 37
of the Works is to be staged in accordance with the Staging Plan, prior to the date of
issuance of the Authorization to Commence Works for each stage provided in the Staging
Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works
for such stage, and thereafter shall proceed to construct and install the Works, Utilities and
Services in such stage in compliance with the approved Schedule of Works, and any
amendment(s) thereto which may be approved by the Director.
S.9 Approval of Works Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
approved by the Director and entered in Schedule "J" hereto.
S.10 Requirements for Authorization 10 Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to satisfying
all the other requirements of this Agreement in respect thereof, an Authorization
to Commence Works shall not be issued for any of the Works for which the
Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the Region
pursuant to the Planning Act, 1983;
(b) the final Plan of Subdivision of the Lands has been registered against the title
to the Lands;
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as
registered against the title to the Lands; (2) a copy(s) of the registered Plan
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
~. 3.3, 3.4 and S.28 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Town and has
paid the required cash in accordance with paragraphs 2.4 and 2.7 of this
Agreement and the transfers have been registered against title to the
appropriate portions of the Lands;
Page 38
(f) the Owner has delivered to the Town transfers of the lands and paid the
required cash in accordance with paragraphs 2.5 and 2.6 of this Agreement,
and such transfers have been registered against the title to the appropriate
portions of the Lands;
(g) the Owner has delivered to the Town letters signed on behalf of the
Newcastle Hydro-Electric Commission, and/or other authority or company
having jurisdiction with respect to the Utilities and Services that are referred
to in Schedule "Ii" 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 paragraph5.2 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;
(j) 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 approval of the Director of the
Schedule of Works as required by paragraph 5.8 of this Agreement;
(m) the Owner has received the written approval of the Director to the Works
Cost Estimates as required by paragraph 5.9 of this Agreement;
(n) the Owner has deposited with the Town the Performance Guarantee required ::: by paragraph 3.6 and the other provisions of this Agreement and has made
all cash payments to and deposited all letters of credit with the Town as
required by this Agreement;
(0) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule "1(" of this Agreement;
~
Page 39
(P) 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;
(q) the Owner has made all payments to and deposited all letters of credit with
the Town in respect of the External Works that are referred to in paragraph
5.28 of this Agreement;
(r) the Owner has deposited the letter of credit with the Town in respect of the
Owner's share of the costs of the Stormwater Management works required
by paragraph 4.12(5) of the Agreement;
(8) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Certificate(s) of Approval issued by the
Ministry of the Environment with respect to the watermain, sanitary and
storm sewers for which Authorization to Commence Works is sought, the
written approval of the Minister of Natural Resources, and the written
approval of the Central Lake Ontario Conservation Authority; and
(t) the Owner has been issued a Road Occupancy Permit with respect to the
relevant portion of Town highways to permit the construction of the Works.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the
construction and installation of the Works with the written approval of the Director
prior to the registration of the Plan of Subdivision referred to in paragraph
5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), 0), (k),
(l)t (m), (n), (0), (P), (q), (r) and (s) have been satisfied by the Owner. In such a
case, bowever, 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
1.:9wn 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 be might have to compensation by or damages
from the Town that be might otherwise have as a result of its construction and
installation of any of the Works.
"
Page 40
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 timet inspect the worK of such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give
the Owner, if it does not retain a contractor, or if it does, the Owner's contractor, a written
order to stop any work that is being undertaken if, in the Director's opinion, either the
work is not being undertaken such that a completed construction and installation of the
Works satisfactory to the Town in accordance with this Agreement will result, or if the
Performance Guarantee required to be provided pursuant to this Agreement in respect of
the Works is not maintained in good standing. The Owner and the Owner's contractor
shall comply with the stop work order forthwith on it being given by the Director.
5.13 Construction in Accordance with En~neerine 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 contractort 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) bave 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 Direct~r gives the Owner
written notice of the amount of the deduction in question.
5.14 Seqpence of Con$truction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
Page 41
5.15 Completion Time ror Construction or Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any minor or incidental additional work is required to provide
for the adequate operation and functioning of any of the Works, the Owner, at its cost,
shall construct and install such additional facilities and perform such additional work as the
Director may request from time to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) H, in the opinion of the Director, the Owner is not constructing and installing or
causing to be constructed or installed any of the Works required by this Agreement
so that it will be completed within the time specified for such completion in the
Schedule of Works, or if the Works are being improperly constructed or installed,
or if the Owner neglects or abandons the said Works or any part of them before
completion, or unreasonable delay occurs in the execution of the samet 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
~r of the expiry of ten (10) business days, excluding Saturdays, after the giving of
such notice and !he 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 fOE 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, Of any failure to complete the Works in accordance with this
Agreeme.nt, may be corrected or remedied by the Town at the cost and expense of
,.
Page 42
the Owner without prior notice to the Ownert 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.
(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
portiones) 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 Entl)' tor Eme..ncy 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
Page 43
in connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 DamaJe to Existinl Senrices
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost .of repairing any damage to
any property or services of the Town, the Region, or any utility authority or company or
(the "Damaged Services") including without limiting the generality of the foregoing, any
road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost
of relocating any Damaged Services, caused by or resulting from the development of any
one (1) or more portions of the Lands, or the construction or installation of any of the
Works, provided that all such repairs and or relocation(s) are completed to the satisfaction
of the Director, the Region and the relevant utility authority or company which owns or is
responsible for the Works, property or services in question. In addition, the Owner agrees
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in the
opinion of the Director will interfere with the use of the driveway in question, forthwith
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 pamaJe to Neiehbourinl 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
areJO be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Town, as well as such other
matters as the Director considers to be appropriate. After the draft Monitoring
Program has been approved by the Director with or without such modification(s) as
he may consider appropriate, it is the "Monitoring Program" for the purposes of this
Agreement.
Page 44
(2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Town, forthwith after a written request therefore is given to the Hydrogeologist by
the Director, a copy of all data collected and all analyses made in connection with
or implementation of the Monitoring Program. Forthwith following the completion
of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to
the Director, at no cost to the Town, a copy of all data collected and all analyses
and reports made by the Hydrogeologist in connection with or in implementation
of the Monitoring Program which previously have not been provided to the Director
pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist,
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragraph 5.20(2)t have been
provided to him. In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
each and every occurrence of apparent well interference caused by construction
activity within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) H after considering a report thereon from the Director in this regard, Town Council
determines that the well or private water supply of any person(s) outside the Lands
is interfered with or dewatered as a result of the construction or installation of the
Works:
(a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of the Town
Council, the Owner shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); or
(b) where in the opinion of the Town Council the interference to a well or private
water supply is of a long term duration, , at the option of the Owner and at
its cost, the Owner shall connect the affected party's property to the Town
water supply system or provide a new well or private water system for such
affected party(s) so that water supplied to the affected party's property shall
be of a quality and quantity at least equal to the quality and quantity of water
enjoyed by the affected party( s) prior to the interference,
.
as may be required by the Town Council by written notice given to the Owner.
Page 45
(4) If the Director gives written notice to the Owner that he has reason to believe that
the well or private water supply of any person(s) outside the Lands is interfered with
or dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Owner shall cause the quantity of potable water
considered to be appropriate by the Director to be supplied to the affected person(s)
free of charge either until such time as the Town Council, after considering a report
thereon from the Director, decides that the well or private water supply in question
bas not been interfered with or dewatered as a result of the construction or
installation of the Works, or until such time as the Owner performs his obligation
under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portiones) of the Lands on
which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain
the Works, if any building(s) on the said Lands is occupied, the Owner, at the
Owner's cost, shall maintain each road(s), which is required to be constructed and
provides access to such building(s), until a Certificate of Acceptance has been issued
for such road(s), and without limiting the generality of the foregoingt the Owner
shall:
(a) maintain the road(s) at all times in a wen 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.
Page 46
(2) The Town agrees to snowplough and sand all paved road(s) shown on the registered
Plan of Subdivision of the Lands, for and on behalf of the Owner until the
Certificate of Acceptance of such road(s) has been issued, provided that until the
road(s) are assumed by the Town, the Owner shall pay to the Town one hundred
(100%) percent of the costs of snowplougbing 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 provisjon 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 orDe 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 bighway(s) and assuming it for the purpose of liability to repair
and maintain it as provided by the Municipal Act, and such By-law has been
registered in the proper Land Registry Office.
5.23 Reqpirements for Certificate of Completion
The Owner acknowledges and agrees that the construction and installation of any
of the Works authorized in an Authorization to Commence Works shall not be deemed to
be completed for the purposes of this Agreement until the Director has provided the Owner
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until:
(a) such of the Works authorized by the Authorization to Commence Works for which
a Certificate of Completion is required, have been inspected by the Director, and he
is satisfied such Works have been constructed and installed in accordance with the
Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all of the
Works authorized by such Authorization to Commence Works, that there are no
outstanding construction lien claims for payment by contractors, subcontractors,
suppliers of services or materials or workmen relating to the construction and
installation of such Works.
5.24 ReqJlirements for Certificate of Ac~ptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose
',.
Page 47
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 sbould 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.
5.26 ReQuirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptancet 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
bas found, placed or replaced all standard iron bars shown on the registered
final Plan of Subdivision of the Lands and has found, placed or replaced all
survey monuments at all block comers, the end of all curves, other than
comer roundings, and all points of change in direction or road(s) on such
Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement.
Page 48
From the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
permits for dwellings on the Lands.
53.7 External Works
(1) In this Agreement as the "External Works" are (1) the "High Street Sidewalk and
Boulevard Work" and (2) the "High Street and Meadowview Boulevard Intersection
Work" as defined and described in Schedule lOG" hereto.
(2) The Owner shall construct, install, maintain and pay the total cost of the External
Works in accordance with the provisions of this Agreement. The preliminary
estimated costs of the External Works are set out in Schedule "P" hereto. The
Owner will not seek any credit for or rebate of any part of the estimated or total
cost thereof whether from or in respect of a charge imposed by a Development
Charge By-law which the Town Council may pass pursuant to the Act, or in any
other manner, or for any other reason.
(3) The Owner further agrees with the Town that if the Town passes a Development
Charge By-law applicable to the Lands which comes into effect and the development
charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the
Act), that results or will result from development in all or a defined part or parts of
the Town, the Owner will not object to such by-law or complain under the Act of
the development charge imposed by the By-law, or the amount that the Owner or
any other person will be required to pay in respect of development of the whole or
any portion of the Lands on the ground that the cost of the External Works referred
to in paragraph 5.27(2) have been provided by the Owner, or such cost has been
provided for in this Agreement, or has or has not been included in the development
charge, or that the development charge should have been imposed in respect of a
different defined area(s) of the Town or the whole Town.
5.28 Financial Contributions for Certain External Works
(1) With respect to the "Mann Street Storm Sewer Oversizing Work" (as defined in
Schedule 'T-l"), on the execution of this Agreement the Owner shall pay to the
Town the sum of nineteen thousand, eight hundred and seventy-nine dollars and
ninety-seven cents ($19,879.97). 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
Page 49
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.
(2) With respect to the "Soper Creek West Branch Drainage Outfall System" (as defined
in Schedule lOP-I"), on the execution of this Agreement, the Owner shall deliver to
the Town Treasurer of the letter of credit referred to in paragraph 4.12(5) in the
sum of forty thousand, four hundred ($40AOO.OO) dollars. 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 br-Iaw which the
Town Council may pass pursuant to the Act, or in any other manner, or for any
other reason.
(3) The Owner further agrees with the Town that if the Town passes a Development
Charge By-law applicable to the Lands which comes into effect and the development
charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the
Act), that results or will result from development in all or a defined part or parts of
the Town, the Owner will not object to such by-law or complain under the Act of
the development charge imposed by the By-law, or the amount that the Owner or
any other person will be required to pay in respect of the development of the whole
or any portion of the Lands on the ground that any portion of the cost of any of the
external works referred to in paragraphs 5.28(1) and 5.28(2) has been provided by
the Owner, or that the contribution of part of the cost of any of such external works
has been provided for in this Agreement, or the cost of either or both of such
external works has or has not been included in the development charge, or that the
development charge should have been imposed in respect of a different defined
area(s) of the Town or the whole Town.
5.29 Co~t of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or
of any part of the total cost of the Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by a Development Charge By-law which
Town Coulicil may pass pursuant to the Development Charges Act, 1989, or in any other
manner, or for any other reason.
Page 50
ARTICLE 6 . COMPLIANCE wrm 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 SUBSEQUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at its cost:
(a) it shall be responsible for providing and maintaining adequate drainage of surface
waters from such lot(s) or block(s) in accordance with the approved Lot Grading
and Drainage Plans referred to in paragraph 5.6 herein;
(b) it shall be responsible for compliance with the terms of paragraph 4.6 "Requirements
for Building Permits" of this Agreement if, at the date of issuance of the Certificate
for Release, a building permit has not been issued for the lot(s) or block(s) in
question; and
( c) it shall be responsible for the maintenance of fencing required in Schedule lOG" and
paragraph 4.12(4) of this Agreement.
~TICLE 8 . TIME OF ESSENCE
Time is of the essence of this Agreement.
~TICLE 9 . AUTHORI'lY TO MAKE AGREEMENT
The Owner and the Mortgagee acknowledge and agree that the Town has authority
to enter into this Agreement, that every provision hereof is authorized by the law and is
fully enforceable by the Parties, and that this Agreement is made by the Town in reliance
on the acknowledgement and agreement of the Owner and the Mortgagee as aforesaid.
Page 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 bereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
:::
) THE CORPORATION OF THE TOWN OF
) I) CASTLE ~
)
)
)
)
)
)
)
)
! VELmIAND~~~
) Name: ~:
)
~ ~~[J t/rfifft J TiU: Ilr: f/ .LlA:1'
L)'~
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed the 16th day of Septembert 1991.
LEGAL DESCRIPTION OF LANDS
All and Singular that certain parcel of land and premises, situated, lying and
being in the Town of Newcastle (formerly in the Town of Bowmanville) and
the Regional Municipality of Durham, and being comprised of Part of Block
n and Part of Lord Elgin Street, as stopped up and closed by By-Law 88-65
of The Corporation of the Town of Newcastle, registered as Instrument
144245, according to e.G. Hanning's Plan being a subdivision of Part of Lot
12 in the Second Concession of the Geographic township of Darlington,
designated as Parts 1 and 2 on plan of survey deposited of record in the
Land Registry Office for the Land Registry Division of Newcastle (No. 10)
(now the Land Registry Division of Durham (No. 40) (the "Land Registry
Office") as Plan 10R-3725.
~ ?
SCHEDULE liB"
THIS SCHEDULE IS SCHEDULE liB" to the Agreement which has been
authorized and approved by By-law No. 91-140 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 -84(35)
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PROPOSED
DRAFT PLAN
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PART Ci' LOT 12,
CONCESSION 2
TOWN OF NEWCASTLE
REGIONAL IlUNIClPAlJlY Of DURHAIl
RELEVANT INFORlAA nON
LOW CfHSTr
SDIt-OCTAOI[J) DIIfl.l.MCS
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,.,."... IDNN OF BOWMANvUE I
teN IN TtE: IDo'tN Of teYCASTLE
RfGCJ'IAL r.tJ\ICA\UTy OF CUlHAM
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VELTRI a SON LIMITED
SURVEYOR'S CERTIFICATE
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SCHEDULE .C"
THIS SCHEDULE IS SCHEDULE .C. to the Agreement which has been
authorized and approved by By-law No. 91-140 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)
<)7
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 91-140 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 or semi-detached dwellings and by multiplying two
thousand, seven hundred and thirty ($2,730.00) dollars by the number of townhouse
dwellings which the Owner proposes to construct on the Lands. The Owner shall make the
following payments on account of Development Levies to the Town in the aggregate
amount of one hundred and four thousand, and ninety ($104,090.00) dollars in respect of
the Development of the Lands consisting of zero (0) single family dwellings, thirty-eight
(38) semi-detached dwelling units, and zero (0) townhouse dwellings is payable on the
occasions set out below:
(a) Twenty-five (25%) percent of the aggregate amount of Development Levies
being twenty-six thousand and twenty-two dollars and fifty cents ($26,022.50)
on the execution of this Agreement.
(b) Twenty-five (25%) percent of the aforesaid aggregate amount, being twenty
six thousand and twenty-two dollars and fifty cents ($26,022.50) on the date
of the issuance of the building permit for the first (1st) dwelling unit proposed
to be constructed on the Lands.
(c) Twenty-five (25%) percent of the aforesaid aggregate amount, being twenty-
six thousand and twenty-two dollars and fifty cents ($26,022.50) on the first
(1st) anniversary of the earlier to occur of the date of issuance of the building
~ permit for the first (1st) dwelling unit proposed to be constructed on the
Lands, and on the date of issuance of the building permit for the twenty-first
(21st) dwelling unit proposed to be constructed on the Lands.
(d) The remainder of the aforesaid aggregate amount, being twenty-six thousand
and twenty-two dollars and fifty cents ($26,022.50), on the expiry of the
twenty-four (24) month period commencing on the earlier to occur of the
date of issuance of the building permit for the first (1st) dwelling unit to be
s-~
constructed on the Lands, and on the date of issuance of the building permit
for the thirty-first (31st) 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 by the Owner pursuant to paragraph 3.4 of this Agreement and this Schedule "D".
They are not to be construed to be or to include references to a development charge that
may be imposed by a Development Charge By-law passed by the Town under the
Development Charges Act, 1989.
cJ(
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 91-140 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:
1)
Temporary turning circle
(Meadowview Boulevard)
Temporary turning circles
(Hogan Crescent)
Storm sewers
(Meadowview Boulevard)
Parts 1, 2, 3 and 4
on Plan 40R
Parts It 2, 3, and 4
on Plan 40R
Parts 5 and 6
on Plan 40R
2)
3)
(2) Easements for the storm overland flow route and the storm sewers shall be perpetual
in duration.
(3) The Director shall determine the duration and terms of any such easement(s). The
transfer(s) shall be prepared by the Owner at its cost, shall be free and clear of all
encumbrances and restrictions, shall contain other provisions satisfactory to the
Town's Solicitor, shall be made for a nominal consideration, and shall be in
registrable form. Prior to the registration of the transfer(s) of such easement(s)
against the title to the applicable lands, the Owner agrees with the Town that it will
not require the issuance of building permits for the construction of buildings or
structures on the Lands.
The easement for the Temporary turning circle (Meadowview Boulevard) shall
terminate on the last to occur of (1) the date on which a Certificate of Completion
of Works has been issued for the extension of Meadowview Boulevard westerly; (2)
the date on which the Owner at its cost has completed the removal of the
constructed turning circle from the area of such easement, has installed any
necessary replacement curbing and sidewalks on Meadowview Boulevard in such
area, has installed topsoil and sodded the boulevards, on such area to finish
Meadowview Boulevard including the boulevard and sidewalks in the area of such
easement to the satisfaction of the Director (the "Meadowview Restoration"); and
(3) the date on which all of the Works comprising the Meadowview Restoration have
been accepted in writing by the Director.
~o
The easement for the Temporary turning circle (Hogan Crescent) shall terminate on
the last to occur of (1) the date on which a Certificate of Completion of Works has
been issued for the extension of Hogan Crescent westerly; (2) the date on which the
Owner at its cost has completed the removal of the constructed turning circle from
the area of such easement, has installed any necessary replacement curbing and
sidewalks on Hogan Crescent in such area, has installed topsoil and sodded the
boulevards, on such area to finish Hogan Crescent including the boulevard and
sidewalks in the area of such easement to the satisfaction of the Director (the
"Hogan Restoration"); and (3) the date on which all of the Works comprising the
Hogan Restoration have been accepted in writing by the Director.
(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 an
transfers with all necessary changes to them being considered to have been made to
give effect to the intent of this paragraph (3).
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PLAN 40R-
I REQUIRE THIS PLAN TO BE
OEPOSITED UNDER THE
LAND TITLES ACT
DATE ____.________
RECEIVED AND DEPOSITED
DATE ___________
R. 5 _ KARPlEL
LANDREGIsTRARfOR-rttE
LANG TITLes OIVISIOII 01'
DURHAM I N0401
PIlATS 1,2:.3,4,5 AND 6: PART OF PARCEL Pt.AH.1 . SECTION.OM -
PLAN OF SURvEY OF
PART OF LOTS 15,16,17,18 AND 19
REGISTERED' PLAN 40M-
(formerly TOWN OF BOWMANVlLlE)
NOW IN THE TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE I : 300
O. I l. I
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....
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J, O. BARNES LIMITED - 1991.
METRIC 3'1:~~'ll''':~~~:: ~M:-l:~=1)
NOTES:
IEARlNHHEREON AftE ASTROHOMlC AHO ARE REFERRED 10 THE
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$1JflV[V _lfUtCH' FOUNO
SURYt:y 1IONUMtNt' PLAfiltED
ST_lID _ OAR
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M,O, allOWN (),L, S,
_SS
llmSTEIEIl PUN 40M .
_0
CAUTION,
nus PLAN .$ NOT ,. Pl..H OF SU8Q1.Vt$tON WITHtH
TN!: IliEAMINCt OF' THE' PLA...... ACt.
SURVEYOR'S CERTIFICATE
t ctlllTIf'Y T....':
t. THIS SUJI'yty ANO PLAN ARt CQJUtf;c-t ANO IN ACCORDANCE WITH THE SURVEYS
ACT ANO THEL.AfC)Trn..E$ ACT &HOlM REIULATIOH$ MIJ)t TMPEUMOPt
2:. TlK SUl:V!;Y ..S COMP'-LETEO OJil THE: Q4Y OF' .19 .
OATE __ __ _ ____
--- -R-:$', KARAE':-- ---
bTA.1e UNO ."ItY.t~
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J.D ElORNES
SURVEYING MAPPING
LAND INfORMATION SERVICES
OFFICE OF ORIGIN'
125 BLOOR STREET WEST
O$HAWA . ON-TARtO UJ 5'1'6
14161 579- . 9492
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PLAN 40R-
I REQUIRE THIS PLAN TO BE
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DATE ____"__~_____
RECEIVED AND DEPOSITED
DATE
LANO REGiSTRAR FOR-THE
LAND TITLES DIVISION OF
DURHAM IN.401
PARTS 1,2.3 ANO 4 : PART OF' 'PARCEL -Pl.AN -I, SECTtOH 4OM-
PLAN OF SURVEY OF
PART OF LOTS /,2,6 AND 7
REG/STEREO PLAN 4OM-
(formerly TOWN OF BOWMANVILLE )
NOW IN THE TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF OURHAM
SCALE I : 300
~U' 10
~
J. D. BARNES LIMITED - 1991.
METRIC @,N~R..=n:M:~t: ~c'\::'fl~~:J.NO
NOTES:
iiAiiiiiiS HEREON ARE ASTRONOMIC _ ARE REFERRED TO TN[
WUTERI,Y LOOT OF LOT I A$ _.. O..R[Gl$T[fI[O ~"" 4010.
.......; ,,_ OF ......Ol"(lO"w,
.
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SUftYEY MONUME.NT FOUND
-"ET _NT flLANTEO
st___
IROI< _
J,O,lI4RtlES LI.-TEO
10,0, _ OL,S,
REGI$TtIlED PLAN .oM .
CAUTION
THIS Pl.... 1J IIIOT A .IIL..... S-UlOtVISIOH Wfl'ttIN
THt MtANfNG OF THI".....tNG ACT
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
1. TKfS SURVEy AND Pt..AH Attlt COMtU.T ANI) IN ACCOROANCE: WIT" TME SURYtyS
ACT .AND11€LAN) TRt.ES ICf AND fM( HGut.4"1OHS MA'OC THI'Rf:uttOfJt
t. TN( SUftYl:Y WAS CQMPllTt:O ON TtfE. OAY Of . t9
DATE _ _ __ _____
----1t-S~KA_I,.-- --
"1'..10 ...... aultVCYOft
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J.O ~68NES
SURVEYING MAPPING
LAND INFORMATION SERVICES
OFFlCliOf OAIGIN
115 ",ooR STREET WESt
OSHAWA . OHTAA.to 1.,IJ IY6
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SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 91-140 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 Blocks on 40M Plan
The Owner shall deliver to the Town in a form satisfactory to the Town, transfers
in fee simple absolute the following land shown on the draft Plan of Subdivision 18T-84035:
(a) Blocks 21, 22t 23 & 24 inclusive
0.3 m. Reserve
(Replace with reference to 40R Plan)
(2) Additional Required Dedications
Without derogating from paragraph (1) of this Schedule "F', on each occasion,
forthwith after the Director gives the Owner written notice that the Director is of the
opinion that the additional land (the "Additional Required Dedication") identified in the
notice is required to be transferred to the Town for the purpose of accommodating the
Town of the Works referred to in Schedule "G" or any work provided for in the approved
Engineering Drawings or the Reapproved Engineering Drawings whether located on the
Lands or beyond the limits of the Lands, the Owner shall transfer or cause to be
transferred in fee simple absolute to the Town the Additional Required Dedication.
Paragraphs 2.5 and 2.6 of this Agreement shall apply in respect of each additional Required
Dedication with all necessary changes thereto being considered to have been made to give
effect to the intent of this paragraph (2).
(3) ~ash in Lieu of Lands for Park or Other Public Recreational PUI:Poses:
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 four hundred and nine thousand
($409,000.00) dollars, being twenty thousand, four hundred and fifty ($20,456.00) dollars.
Cc.-f
SCHEDULE "G"
TIllS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
WORKS REOUlRED
1. STORM SEWER SYSTEM
The Owner shall construct, install and supervise the construction and installation of and
maintain a storm drainage system, satisfactory to the Town, for the removal and disposal
of upstream storm water and storm water originating within the said Lands, including storm
sewer mains, manholes, service connections, catchbasins and leads, open channels, storm
outfalls, oversizing and any other appurtenances as may be required in accordance with the
Town's Design Criteria and Standard Drawings.
The Owner agrees to prepare Engineering Drawings for the storm drainage system, to the
satisfaction of the Director.
The Owner agrees to obtain any easements required by the Director which are external to
the said Lands at no expense to the Town for the disposal of storm water from the said
Lands and transfer the same to the Town in accordance with paragraphs 2.3 and 2.5 of this
Agreement.
2. ROADS
The Owner shall construct and install the following roads and services including any
oversized services on the streets shown on the 40M Plan at its cost as follows:
(a) Pavement widths to be applied to the streets shown on the Engineering Drawings.
(b) The grading and paving of all streets, including the installation of Granular "A" and
Granular "B" material to provide a proper base for paving, shall be in accordance
with the Town's Design Criteria and Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets, in
accordance with the Town's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks in accordance
with the Town's Design Criteria and Standard Drawings shown on the Engineering
Drawings.
;.
(e)
(f)
(g)
(h)
3.
C 7/
The Owner agrees to grade and pave all driveways between the curbs and sidewalks
in accordance with the Town's Design Criteria and Standard Drawings. The Owner
also agrees to grade all driveways between the curbs and sidewalks, where sidewalks
are installed, and in all other cases, to grade and gravel the driveway between the
curbs and the lots lines.
The Owner agrees to construct, install, energize and maintain street lighting, in
accordance with the Town's specifications on all streets and walkways and this
Agreement, to the satisfaction of the Director of Public Works.
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 the approved Landscaping Plan, to the satisfaction of the Director of
Public Works.
The Owner agrees to supply and install traffic signs and permanent street-name
signs, in accordance with the Town's Design Criteria and Standard Drawings and to
the satisfaction of the Director of Public Works.
TEMPORARY TURNING CIRCLES
The Owner shall transfer to the Town an easement for the temporary turning circle
required by the conditions of approval of the draft Plan of Subdivision 18T-84035 in
accordance with the Town's Standard Drawingst and shall construct and maintain such
turning circle in accordance with the Town's Design Criteria and Standard Drawings, to the
satisfaction of the Director of Public Works. On the termination of the easement for the
temporary turning circle (Hogan Crescent and Meadowview Boulevard), Part on
Plan 40R- shall be transferred by the Town for a nominal consideration to the
Owner or to its successor or assign(s) who then own the lots on the Plan which abut the
easement area for the temporary turning circle.
4. CONSERVATION WORKS
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 apparatuses, in accordance with the Engineering
Drawings approved by the Director of Public Works.
5. LOT GRADING
The Owner agrees to rough grade the Lands in accordance with 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.
,4
c;c;
6. LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements for the roads
provided for in this Agreement and installation of fencing in accordance with the
approved Landscaping Plan referred to in paragraph 4.2 and Schedule "U" of this
Agreement.
(b) The Owner shall provide, plant and maintain, under the supervision of a qualified
nurseryman or horticulturist the tree and shrub planting requirements provided for
in this Agreement in accordance with the approved Landscaping Plan.
7. EXTERNAL WORKS
a) HIGH STREET SIDEWALK AND BOULEVARD WORK.
The "High Street Sidewalk and Boulevard Work" means the construction of a 1.5
metre concrete sidewalk and grading, topsoiling and sodding of the boulevard on the east
side of High Street from Meadowview Boulevard northerly for approximately 175 metres,
as shown on G.M. Semas & Associates Ltd., Project 87155, Drawing No. P-I0l dated June,
1990, and as finally approved by and on file with the Director.
Total Estimated Costs:
Owner's Share:
$12,250.00
$12,250.00
b) HIGH STREET AND MEADOWVIEW BOULEVARD INTERSECI10N WORK.
The "High Street and Meadowview Boulevard Intersection Work" means the
reconstruction of the intersection including grading, curb and gutter, asphalt pavement,
granular 'A' and 'B', topsoiling and sodding of the boulevard, as shown on G.M. Semas &
Associates Ltd., Project 87155, Drawing No. P-101 dated June, 1990, and as finally
approved by and on file with the Director.
Total Estimated Costs:
Owner's Share:
$5,000.00
, $5,000.00
"
" 7
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
UTILITIES AND SERVICES REQUIRED
1. ELECfRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the Lands,
in the locations as approved by the Director. All electrical services are to be
installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of a complete street lighting system to serve the
said Lands on behalf of the Town in whose ownership the system shall vest upon
acceptance of the Works including all appurtenant apparatus and equipment, in the
locations as approved by the Director. The Owner shall furnish written evidence
satisfactory to the Director that such arrangements have been made prior to the
issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone limited and/or Bell Canada
for the design, provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including
gas mains, and all appurtenant manholes, laterals, service connections, apparatus and
equipment in the locations as approved by the Director.
?~
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.
&(
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 91-140 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) the Engineering Drawings;
(b) the Grading and Drainage Plan;
( c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(t) the Works Cost Estimates; and
(g) the Stage Cost Estimates.
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, or documents or from liability for any damage or loss caused or
resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer is hereby authorized by the Owner and shall act as the
Owner's representative in all matters pertaining to the construction and installation
of the Works and shall co-operate with the Town to obtain the necessary approvals
for construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and inspection
staff to provide continuous inspection service during all phases of the construction
and installation of the Works and the private works and to perform the following:
(a) provide field layout including the provision of line and gr.ade to the
contractors and, where required, restaking;
7tJ
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
(c) arrange for or carry out all necessary field testing of materials and equipment
installed or proposed to be installed at the request of the Director;
(d) provide co-ordination and scheduling of the construction and installation in
accordance with the timing provision contained herein and the requirements
of the Director;
(e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction and
installation, required to modify the Engineering Drawings to produce the as-
constructed drawings.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction and
installation and make them available for examination by the Director as required by
the Director.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of the
construction and installation on a monthly basis, or at such other interval as
approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit as-constructed drawings required
by the Director for the approval of the Director.
7(
SCHEDULE "1"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved By-law No. 91-140 of the Corporation of the Town of Newcastle,
enacted and passed on the 16th day of September, 1991.
WORKS COST ESTIMATES
INTERNAL WORKS
1 Storm Sewers
2 Roads - Year 1
3 Roads - Year 2
4 Street Trees
5 Streetlighting
6 Fencing
7 Grading (R.O.W. & Future Lots)
$ 99,125.00
$ 45,640.00
$ 58,875.00
$ 11,400.00
$'15,000.00
$ 3,840.00
$ 21,989.00
HIGH STREET WORKS
1 High Street - Year 1 $ 41,870.00
2 High Street - Year 2 $ 42,090.00
Sub-total $ 339,821.00
5% Contingencies $ 16,991.45
$ :-...........
Sub-total 356,820.11
10% Engineering $ 35,682.05
Total Estimated Cost: $ 392,502.50
Total Amount of Performance Guarantee: , 392.502.50
Tbe Performance Guarantee for the Works shall be based on the preliminary
estimates are provided 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.
/~
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed the 16th day of September, 1991.
INSURANCE REOUlRED
1. 1YPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance company approved by
the Town's Treasurer and licensed in Ontario to underwrite such insurance. Such
policy or policies of insurance shall indemnify the Town against all damage or claims
for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(t) any loss or damage that shall or may result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the. Owner undertaking the development of
the said Lands together with any or all of the Works, Utilities and Services
pertaining thereto.
/}
2. Al\:iOUNTS OF COVERAGE REOUIRED
Policy or policies of insurance shall be issued jointly in the names of the Owner and
the Town and shall provide the following minimum coverages for five million
($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence
or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or them
by the Town shall not be construed to relieve the Owner from responsibility for
other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
7Lf
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
REGULATIONS FOR CONSTRUCTION
1. REOUlREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director
permission to carry out the blasting operation.
2. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for construction
purposes and such topsoil must remain within the limits of the said Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the said
Lands, or to remove or permit to be removed any fill from any land to be transferred
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.
s. 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.
7r
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 Directort in order that the construction of such road shall not
have suffered due to any use of the granular base course as a temporary road.
Prior to the placement of the surface of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base course of asphalt
and repair and replace such base course where necessary.
Until the roads on the Lands are assumed by the Town, the Owner shall maintain
all internal roads in a condition acceptable to the Director, and shall ensure that
such roads are free of dust and mud at all times to the satisfaction of the Director.
8. WEED AND RAT CONTROL
After the commencement of construction, the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
7~
SCHEDULE "M"
mIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 91-140 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 THE 40M PLAN
PERMITIED LAND USE
Lots 1 to 19,
In accordance with By-law 84-63 as
amended.
77
SCHEDULE "N"
'I1IIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 91-140 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 TIlE 40M PLAN
LAND USE
1)
Lots 1, 6, 16, 17 on 40M Plan
The Owner shall not require building
permits to be issued until the temporary
turning circles for each respective street
on 40M Plan have been removed as
provided for in this Agreement and the
work required by this Agreement has been
completed to the satisfaction of the
Director of Public Works.
7?
SCHEDULE "P-l"
nlIs SCHEDULE IS SCHEDULE "P-l" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS
1. SOPER CREEK WEST BRANCH DRAINAGE OUTFALL SYSTEM
The "Soper Creek West Branch Drainage Outfall System" means the stormwater
management works for the West Branch of Soper Creek. The works include the
construction of stormwater management facilities, oversizing, landscaping, fencing,
erosion, protection, channelization, engineering and contingencies. They are
described in the "Master Drainage Plan for the West Branch of the Soper Creek",
prepared by Marshall Macklin Monaghan Ltd., drafted June, 1989, as approved and
on file with the Director. The total estimated costs of this system and the Owner's
share thereof are set out in the "Cost Sharing Report for Implementation on the
Master Drainage Plan for West Branch of the Soper Creek" prepared by Marshall
Macklin Monaghan Ltd., drafted May, 1990, as finally approved by and on file with
the Director.
Total Preliminary Estimated Costs:
Owner's Share:
$2,160,000.00
$ 40,400.00
2. MANN STREET STORM SEWER OVERSIZING WORK
The "Mann Street Storm Sewer Oversizing Work" means the construction of
oversized storm sewers within draft Plan of Subdivision 18T -87033 of Mann Street
from Apple Blossom Boulevard southerly and outfalling at the West Branch of the
Soper Creek, for the storm water drainage of lands external to the aforesaid draft
Plan. This work includes the installation of storm sewers, oversizing, manholes and
a headwall as shown on Marshall, Macklin and Monaghan Ltd. Project No. 10-86012,
engineering drawing Nos. 19, 20 and 25 dated July, 1988, as finally approved by and
on file with the Director.
Total Costs:
Owner's Share:
$410,000.00
$ 19,879.97
71
SCHEDULE .p"
nns SCHEDULE IS SCHEDULE .p" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
EXTERNAL WORKS
1. HIGH STREET SIDEWALK AND BOULEVARD WORK
Total Estimated Costs:
Owner's Share:
$12,250.00
$12,250.00
2. HIGH STREET AND MEADOWVIEW BOULEVARD INTERSECTION WORK
Total Estimated Costs:
Owner's Share:
$5,000.00
$5,000.00
??t)
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K' to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
ENGINEERING AND INSPECTION FEES
Estimated Costs of Works
1m
Up to $100,000.00
4% to a maximum of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.50% of the estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as contemplated
by this Schedulet 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.
..
?if
SCHEDULE liS"
THIS SCHEDULE IS SCHEDULE liS" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
REGION'S CONDITIONS OF APPROVAL
CONDITIONS OF DRAFf APPROVAL DATED JUNE 7~ 1991
1. That this approval applies to draft plan of subdivision 18T-84035, prepared by G.M.
Semas & Associates Ltd., identified as project number 87155, drawing number DP-
1, revised and dated August, 1989, which illustrates 19 lots for 38 semi-detached/link
dwellings and various blocks for reserve, road widening and sight 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 prior to final approval of this plan, the Owner shall acquire sufficient lands,
shown as Block B on the above-noted plan, to provide for a 20.0 m right-of-way as
the extension of High Street.
5. That the applicant/owner construct High Street from Meadowview Boulevard to the
north limit of the developing lands in accordance with Town standards.
6. That the applicant will bear the full costs (100%) of any works (i.e. intersection
improvements, utility relocation, ditch grading, sodding, entrance construction, etc.)
on High Street and Meadowview Boulevard which are necessitated as a result of this
development.
7. That the Owner shall provide temporary turning circles at the westerly limits of both
east-west streets, to the satisfaction of the Town of Newcastle. The Town will deem
adjacent lots und.evelopable until such time as lands to the west develop.
8. 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.
9. That the Owner shall submit a Landscaping Plan prepared by a qualified landscape
architect, based on the Town's Design Criteria, to the Town of Newcastle for review
1?~
and approval.
10. That the Owner shall submit a Master Drainage and Lot Grading Plan prepared by
a professional engineer based on the Town's Design Criteria, to the Town of
Newcastle for review and approval.
11. That the Owner shall submit a Stormwater Management Report which shall include
a Site Servicing Scheme to the Town of Newcastle for review and approval.
12. 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.
13. That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authorities.
14. 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.
15. That prior to final approval of this plan the Owner shall demonstrate to the
satisfaction of the Northumberland and Newcastle Board of Education that final
grading of the subject property will not effect drainage on the Lord Elgin Public
School property.
16. That the Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to, as well as within, the limits of this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to this subdivision. Such
sanitary sewer and water supply facilities are to be designed and constructed
according to the standards and requirements of the Regional Municipality of
Durham. All arrangements, 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.
17. 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.
18. 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
y'3
of Newcastle concerning the provision and installation of roads, services, drainage
and other local services.
19. 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.
20. That the Owner shall install a 1.8 metre high wood privacy fence along the common
property line between the Lord Elgin Public School site and the subject lands.
21. That prior to final approval of this plan for registration, the Commissioner of
Planning for the Regional Municipality of Durham shall be advised in writing by:
a. the Town of Newcastle, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 18 and 20 have been satisfied; and
b. the Northumberland and Newcastle Board of Education how Condition 15 has
been satisfied.
AMENDMENTS TO CONDITIONS DATED NOVEMBER 6, 1991
1. Condition 6 shall be deleted and replaced with the following:
"6(a) That the Owner shall pay the full costs (100%) of any work (e.g. intersection
improvements, utility relocation, ditch grading, sodding, entrance construction,
etc.) on High Street and Meadowvale Boulevard which is required in
connection with this development."
"6(b) That the Town of Newcastle shall agree to reimburse the applicant, one year
after the date of issuance by the Director of Public Works of a certificate of
completion of the works on High Street referred to in condition 6(a), the
Town's share of the as-constructed costs, as determined by the Director, of
=: the components of servicing High Street as set out in Attachment No.3 of
Report WD-88-90 which cost is estimated to be $111,937.00. This condition
will not be applicable in the event the Town sells the four lots on the east
side of High Street to the applicant. The Town's share of these costs shall
be funded from the Road Contribution Reserve Fund (Account #1110-174-
X) which would be reimbursed once the lots on High Street are sold by the
Town."
.
Y'f
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been
authorized and approved by By-law No. 91-140 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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REVISIONS
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HENRY KORTEKAAS cI:
ASSOCIATES ""
LANDSCAPE ARCHITECTURE.
ENYlRONIIENTAL " RECREAnONAl.
PLANNING
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REVISIONS
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HENRY KORTEKAAS d:
ASSOCIATES ...
..................
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LANDSCAPE ARCHITECTURE.
ENVlRONlIENTAl. I: RECREATIONAl
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SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and approved by By-law No. 91-140 of the Corporation of the Town of
Newcastle, enacted and passed on the 16th day of September, 1991.
NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION
(1) That prior to final approval of this plan the Owner shall demonstrate to the
satisfaction of the Northumberland and Newcastle Board of Education that final
grading of the subject property will not effect drainage on the Lord Elgin Public
School property.
(2) That the Owner shall install a 1.8 metre high wood privacy fence along the common
property line between the Lord Elgin Public School site and the subject lands.
.
,
.
.
~?'
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 91-140 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.
2
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TO: THE CORPORATION OF THE TOWN OF NEWCASTLE
AND TO: SHIBLEY RIGHTON, their Solicitors herein
RE: Veltri and Son Limited (the "Company") Plan of
Subdivision No. l8T-84035, Town of Newcastle
Subdivision Agreement (the "Agreement")
CER'l'l:FICATB OF TITLE
I, ALEKSANDR G. BOLOTENKO, a Solicitor of the Ontario Court, do
certify that:
a) The Company is the sole owner in fee simple of all land
described as being in the Town of Newcastle in the Regional
Municipality of Durham .and being comprised of Parcel 12-2,
Section Con. 2 (Bowmanville) being composed of Part of Block
II and part of Lord Elgin Street according to C.G. Hanning's
Plan, being a subdivision of Part of Lot 12, second
Concession, Township of Darlington designated as Parts 1 and
2 on Reference Plan 10R-3725 (the "lands"); and
b) there are no mortgages or other encumbrances on the Lands
except as have postponed their interest to the Agreement.
This certificate is given by me to The Corporation of the Town of
Newcastle for the purpose of having the said Town rely upon it
and to act on it in approving and executing the Agreement for the
said Plan l8T-84035.
DATED at Oshawa, Ontario this
AL
Solicitor
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(1) Registry 0 Land TItles ~ 1(2) Page 1 of 3
(3) Property Block Property
Identlfler(s)
pages
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APPLICATION BY MUNICPALI'IY FOR INHIBITING ORDER
(Section 23 of the Act)
(5) Consideration
N/A Dollars $
(6) Description
Parcel Plan-I, Section 4OM- \ %<bb
as to Part of Lots 18 and 19 and Blocks 21 and 22, Plan 4OM-l ~ &to
Municipality of Clarington
Regional Municipality of Durham
New Property Identifiers
Additional:
See 0
Schedule
(7) this
Additional: Document
See 0 Contains:
Schedule
(a) Redescription (b) Schedule for:
New Easement 0 Additional
Plan/Sketch Description 0 Parties 0 Other ~
executions
(8) this Document provides as follows:
See annexed Application by Municipality for Inhibiting Order
Continued on Schedule 0
(9) this Document relates to Instrument number(s)
J
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
THE",C,ORPOBATION",OF""THE"MUNICIPALITY"OF
CLARINGTON by its solicitor
"7, 7 - ________u
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Nicholas T. Macos
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(11) Address
for Service 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
Y M 0
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(13) Address
for Service
(14) Municipal Address of Property
(15) Document Prepared by:
Nicholas T. Macos
Barrister & Solicitor
130 Adelaide Street West
Suite 2500
Toronto, Ontario
MSH2M2
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Document prepared using The Conveyancer. by Do Process Software Ltd.
SC400H 11/1992
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LAND TITLES ACT
Section 23
APPLICATION BY MUNICIPALITY FOR INHIBITING ORDER
TO:
THE LAND REGISTRAR FOR THE LAND TITLES
DIVISION OF DURHAM (NO. 40)
I, Patti Barrie, Clerk of the Corporation of the Municipality of Clarington hereby certify that
VELTRI AND SON LIMITED
the registered owner of Parcel 12-2, Section Con. 2, Bowmanville, being Part of Block II and
Part of Lord Elgin Street according to C.G. Hanning's Plan being part of Lot 12, Concession
2, Geographic Township of Darlington, Town of Newcastle, Regional Municipality of
Durham, designated as Parts 1 and 2 on Plan 10R-3725 being the land laid out by a Plan of
Subdivision dated July 7, 1997 prepared by R.K Young, an Ontario Land Surveyor, has not
executed and is not under any obligation to execute any Transfer of Land or Transfer of
Easement or any Agreement affecting title to the said land in favour of the Corporation of
the Municipality of Clarington which has not been registered as of the date hereof except
the following:
Transfer in Fee Simple
0.3 metre reserves
LOTS AND BLOCKS
Blocks 21 and 2; 40Yl'\'~~
TRANSFERS AND AGREEMENTS
Transfer of Easement
Storm Sewers
Part of Lots 18 & 19
Plan 40M- \ <f:,<!jp
being Parts 5 & 6
Plan 40R-
Postponement of Charge
(Charge LT577516)
Part of Lots 18 & 19
Plan 40M- \<6~(O
being Parts 5 & 6
Plan 40R-
,J ~ts
being PartsA18 & 19
Plan 40M- \'8~
being Parts 5 & 6
Plan 40R-
Postponement of Charge
(Charge LT577504)
AND as to the Lots and Blocks mentioned above, I HEREBY REQUEST you to issue an
Order or make an entry under Section 23 of the Land Titles Act inhibiting any dealing with
those Lots and Blocks until the Instruments mentioned above have been registered.
DATED at Clarington this / /y./1 day of September, 1997.
P tti
Cler
Municipality of C!arington
I have the authority to bind the Corporation.
4
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of
Ontario
Transfer/Deed of Land
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(1) Registry 0
(3) Property
Identifler(s)
Land Titles
Block
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This is a: Property 0 Property
Division Consolidation 0
Part of Parcel Plan-I, Section 40M- ('B' g--' , being
Part of Lots 18 and 19, Plan 40M- {8' ~ {, , in the
Municipality of Clarington, in the Regional Municipality of
Durham, designated as Parts , 4i\" a.2. , Plan 40R- '7 '"} ~ ~
(5) Description
Additional:
See
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Executions
Additional:
See 0
Schedule
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch 0 Description 0
Additional
Parties 0 Other 0
(7) Interest/Estate Transferred
Fee Simple
Easement
(8) Transferor(s) The transferor hereby transfers the land to the transferee
mmm ...mm .mm .mmzij!;.... ..m
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r(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
y M 0
(10) Transferor(s) Address
for Service 1038 Pinetree Court, Oshawa, Ontario, LIK IP4
(11) Transferee(s)
Date of Birth
Y M 0
.THE"CORPORATI.ON,OF."1'HE,MUNICJPALITY..OF."C.LARlNGTON"""",,,""'......""",,,
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(12) Transferee(s) Address
for Service 40 Temperance Street. Bowmanville. Ontario. LIC 3A6
(13) li'ansferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the
Planning Act. Date of Signature Date of Signature
Y M:O Y M 0
, ,
Signature",.,..................""""""""""""""""",.,."""""""" ~"""",.,"""',:..,...," ,~"",.,',.' Sig natu re.""""",."."".,.,."""""",....,."".""",.,....,......""""""",:"..,."""""", ,:,........:."".",..
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and Y ,M 0
Address of :
Solicitor Signature"H H HHHHHHH
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (i1) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transteror(s) and I am an Ontario solicitor in good
standing.
Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature"", '"
:NOT ASSIGNED
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(16) Municipal Address of Property
Map Sub.
Par.
NOT ASSIGNED
(17) Document Prepared by:
Kitchen, Kitchen, Simeson
& McFarlane
P.O. Box 428
86 Simcoe Street South
Oshawa, Ontario
LIH 7L5
Land Transfer Tax
Total
style... corporation SaItDocaIll 3.11/ TORONTO' CANADA
Document completed using Form'CWare, by Do Process Software Ud.
SC102H 11/1992
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Schedule
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Fonn 5 - Land RegIIIrdon Refonn Act, 1184
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10178 (12/84)
ADDmONAL COVENANTS
The Transferor bereby transfers to the Transferee, its successors and assigns, the free,
uninterrupted and unobstructed right and easement to construct, operate and maintain such
storm water channel 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").
TOGE1HER with the right of the Transferee, its successors and assigns and its and their
servants, agents, contractors and workmen with all necessary materials, equipment,
machinery and vehicles to enter upon the Lands and any adjoining lands of the Transferor
as may be reasonably necessary at all times and to pass and repass thereon for the purposes
of installing, constructing, reconstructing, examining, altering, repairing, renewing or
replacing and maintaining the Works or any part thereof whether or not any part to be so
constructed, installed, repaired, renewed, altered, replaced or maintained is situate on the
Lands.
TO HAVE AND TO HOlD the said easement or right in the nature of an easement on,
in, across, under and through the Lands unto the Transferee, its successors and assigns for
its and their sole and only use forever.
AND the Transferor: a) covenants that it will not erect any buildings or structure, place
or remove any fill on any part of the Lands or cause or permit any person to interfere in
any way directly or indirectly with the Works or in any way derogate from the easement
hereby transferred; b) hereby releases the Transferee from any and every claim which may
or might arise out of the exercise by the Transferee of any of the rights hereby granted or
which may arise out of the existence, operation, construction, reconstruction examination,
repair, renewal, replacement and maintenance of the Works; c) covenants with the
Transferee that it has the right to convey the said rights and easements to the Transferee,
notwithstanding any act of the Transferor; d) covenants with the Transferee that it will
execute such further assurances of the said rights and easements as may be required by the
Transferee; and e) releases to the Transferee all claims upon the interest bereby
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.
s
.
lIlYleus ~3.11/TORONTO'CANADA Page 2 Affidavit of Residence and of Value of the Consideration
8Ceo1H 8/1992 Document prepared using The Conw1y8nceI'
Fwerto'aJl instructions on I8I/81S6 side. Form 1 - Land Transfer Tax Act
IN THE MATTER OF THE CONVEYANCE OF (Ina"'''''''fductiptlonoflend) Part ofPareel Plan-1, Section 4OM-1886
being Part of Lots 18 and 19'plan 4OM-1886 designated as Parts 1 and 2 on Plan 4OR- (7 7 '7i' ~
Munieipality of Clarington, Regional Munieipality of Durham
BY (print n_ of all "-feronlln fuN) Veltri and Son I~imited
TO (a.. InatrucIIon 1 end pdnt _ of ell ".,.",.,... In full) The Corporation of the Munieipality of Clarington
I, (_/natnlt:llon 2 end print ~a) In full) Nieholas T. Maeos
MAKE OATH AND SAY THAT:
1. I am (place e 0"" mMIr """"" ",. aqu_ oppoeIte ",., one of ",. following ".,.g,.",.. ",., ducrlbea ",. o.".clty of ",. deponenI(a)): (_ IlIIItn/Cllon 2)
o (a) A person In trust for whom the land conveyed In the above-described conveyance Is being conveyed;
o (b) A trustee named In the above-described conveyance to whom the land Is being conveyed;
o (c) A transferee named In the above-described conveyance;
[!J (d) The authorized agent or solicitor acting In this transaction for (Inam lIMJe(a) of princlpll/(a))
The COQ)Oration of the Munieipality of Clarington
described In paragraph(s) at ill (c) above; (atrlke out,..,.,._ to In.,.,Ic""e ".,.g"""')
o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (1118'" nMHl{a) of COfJIO'OIIon(a))
described In paragraph(S) (a), (b), (c) above; (atlike out TOfetrmcU to In.,.,Ic.",.,..,."."".)
o (f) A transferee described In paragraph ( ) (Ina'" only one of ".,.graph (e). (b) 01' (0) lIIHwe, .. ""/0""') and am making this affidavit on my own behalf and on
behalf of (1118'" _ of apouae) who Is my spouse described
In paragraph ( ) (lII8m only one of ".,.graph (e). (b) 01' (e) ebon, .. ""/0""') and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed .".,. the value of the conaldelatlon for the connJiU1C8 exceedll $ofOO.OOO).
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. Nole: Claul8 2(1)(d) Impol8B an additional tax at the rate of one-half of one per
o does not contain a Single family residence. cent upon the value of consideration In exceu of $400,000 where the conveyance
o contains more than two Single family residences. (a.. InatnlCllon 3) contains at least one and not more than two single family ....ldences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively In clauses 1 (1)(f) and (g) of the Act
and each of the following persons to whom or In trust for whom the land Is being conveyed In the above-described conveyance Is a "non-resident corporation"
or a, "non-resident person" as set out In the Act. (a.. IlIIItn/CtIona .. end 5)
none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid In cash . . . . . . . . . . . . . . . . . . . . . . .. $
(b) Mortgages (I) Assumed (~prlne/pel end InteIesr to be Cl'edlred egeInsr purchue prioe) . $
(II) Given back to vendor ..... $
(c) Property transferred In exchange (detaIl below) $
(d) Securities transferred to the value of (detell bel_) $
(e) Liens, legacies. annuities and maintenance charges to which transfer Is subject $
(f) Other valuable consideration SUbject to land transfer tax (detell bei_) $
2.00
Nil
Nil
Nil
Nil
Nil
Nil
All 8/."".
,,_ Be
FRied In.
I,..." -NI,.
(g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (f)) . . . . . . . . . . . . . . . . $ 2.00 $
(h) VALUE OF ALL CHATTELS - Items of tangible personal property
(RetaIl SeIN T.. Is ".,.",. on ",. velue of all cheItlJIs unleu eumpt under
",. pnwIaIona of",. -RetaIl SeIes T.. Act". as-o. 19BD, 0.454. .. emended) $
(I) Other consideration for transaction not Included In (g) or (h) above . . . $
m TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . $
5. If consideration Is nominal, describe relationShip between transferor and transferee and stale purpose of conveyance. (a.. InatnlCllon II)
Conveyanee pursuant to a Subdivision Agreement.
6. If the consideration Is nominal, Is the land subject to any encumbrance? n I a
7. Other remarks and explanations. If necessary. nJ a .
2.00
Whent
AppIIc.",.
Nil
Nil
2.00
Sworn before me at the City of Toronto
In the Municipality of Metropolitan Toronto
this 'J/ I ,dnf September 19 97
. Comm...._ "" ~ ~ 1
Registration No.
Property Information Record
A. Describe nature of Instrument: Transfer/Deed of Land
B. (I) Address of property being conveyed (If """'''''e)
(II)Assessment Roll No. (If .."",.",.)
C. MaIling addressees) for future Notices of Assessment under the Assessment Act for property being
conveyed (a.. lnatnlt:llon 7) 40 Temperanee Street, Bowmanville, Ontario
LtC 3A6
Registration Date
Land Registry OffIce No
D. (I) Registration number for last conveyance of property being conveyed (If """'''''e)
(II) Legal description of property conveyed: Same as In 0.(1) above. Yes 0 No 0 Not known 0
E. Name(s) and addressees) of each transferee's solicitor
Nicholas T. Macos, Barrister & Solicitor
130 Adelaide Street West, Suite 2500, Toronto, Ontario, MSH 2M2
7097
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 transferees wish to be Roman CathOlic Separate School Supporters? Yes 0 No 0
(c) Do alllndlvldue.1 transferees have French Language Education Rights ? Yes 0 No 0
(d) If Yes, do all Individual transferees wish to support the French Language School Board (where established) ? Yes 0 No 0
NOTE: As to (c) and (d) the land being transferred will be a..lgned to the French Public School Board or Sector unl... otherwise dIrected In (a) and (b). 0448D (80-08)
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Form 4 - Land Registration Reform Act FIle #97-10758
(1) Registry 0 Land Titles ~ 1(2) Page 1 of 2
(3) Property Block Property
Identifier(s)
(4) Nature of Document
I~T' ^ Agreement Postponing Charge
(5) Consideration
Nil
Dollars $
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(6) Description
Part of Parcel Plan-I, Section 40M- {~i" 6 , being Part of Lots 18
and 19, Plan 40M- ( 'i'.~ ~ ,in the Municipality of
Clarington, in the Regional Municipality of Durham, designated as
Parts J (). "e;,f:4 on Plan 40R- ,7 7 S- :) .
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(7) This
Document
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(a) Redescription (b) Schedule for:
New Easement
Plan/Sketch 0 Description 0
(8) This Document provides as follows:
Agreement Postponing Charge is attached hereto.
(9) This Document relates to Instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
YELTRI~MariQN""""""
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LT577504
Signa~ure(s) ~~,
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(11) Address
for Service 1038 Pinetree Court, Oshawa, Ontario, LIK IP4
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s)
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(13) Address
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(14) Municipal Address of Property
NOT ASSIGNED
styleus c:orpondIon SoItIJocafl 3.11/ TORONTO' C AN ADA
(15) Document Prepared by:
Kitchen, Kitchen, Simeson
& McFarlane
P.O. Box 428
86 Simcoe Street South
Oshawa, Ontario
LIH 7L5
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Date of Signature
Y M 0
199.1L09..:J'l
Date of Signature
Y M 0
SC400M 11 f 1992
Ir" ..
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SIgnatures of parties not
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Agreement Postponing Charge (Land Titles)
(Attach to Form 4)
I~
t1ARIO VELTRI
DYE & DUnH^M co L1~.mED
Form No_ 295
s
Page 2 of 2
the registered owner(s) of the Charge xfJateJ.l)n{EKXXXXXXld~{]lfxXXXXxxXXXXXXX~XXXX
>>H<X registered on the 23rd day of December
as Instrument No.
L'I'577504
made by
VELTRI AND SON LIMITED
to it
19 91 '
Durham Region
charging the land registered in the Land Registry Office for the Land Titles Division of
aS~Jak
Part of Parcel P1an-1
in the Register for Section 40M-' Sl ~G
Hereby postpone Charge No.
LT577504
to the ~.kqeOIKUe<<~xXxxxx!ltWXo(
Wxxxx~mrx
Transfer of Easement by VELTRI AND SON LIMITED
to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
and registered on the ;2 4 day of ~t~
as Instrument No. '- TS Z 34'3 8':
19 97
Dated at
Oshawa
the I / t--/.- day of September
19 97 .
Witness:
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MARIO VELTRI
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Form 4 - Land Registration Reform Act Fde #97.10758
(1) Registry 0 Land TItles [XI 1(2) Page 1 of 2
(3) Property Block Property
Identifier(s)
D
pages
Additional:
See
Schedule
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Additional:
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(4) Nature of Document
Agreement Postponing Charge
(5) Consideration
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(6) Description
Part of Parcel Plan-I, Section 40M. f y~.6 , being Part of
Lots 18 and 19, Plan 4OM. t f?' g- " , in the Municipality of
Clarington, in the Regional Municipality of Durham, designated as
Parts I C4..... t:J. i on Plan 40R- / 7 7 t" ':5' .
(7) This
Document
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(a) Redescription (b) Schedule for:
New Easement Additional 0 "'"
Plan/Sketch 0 Description 0 Parties Other Ii!I
(8) this Document provides as follows:
Agreement Postponing Charge is attached hereto.
((9) This Document relates to instrument number(s)
(10) Party(Jes) (Set out Status or Interest)
Name(s)
.9.S03.2.7.,ONTARIOLlMlTEDw
Continued on Schedule lXI
LT577516 A
..."....,,~J/J/ / 0, /J ./ Date of Si.""""
!~~'=~12;7NI,o;l;L
MarioYe.ltri"Presldent",
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Corooration.
(11) Address
for Service 1038 Pinetree Court, Oshawa, Ontario, LIK IP4
(12) Party(les) (Set out Status or Interest)
Name(s) Signature(s)
Date of Signature
Y M 0
':.1Ji~",CR,/?fy;?~ftDQN ",QE,IHE;"H.u.NICJP.A"'J,:r'(
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(13) Address
for Service
(14) Municipal Address of Property
NOT ASSIGNED
style... corpondlon
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(15) Document Prepared by:
Kitchen, Kitchen, Simeson
& McFarlane
P.O. Box 428
86 Simcoe Street South
Oshawa, Ontario
LIB 7L5
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Agreement Postponing Charge (Land Titles)
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y~>>oox 950397 ONTARIO LIMITED
, the registered ownerW of the Charge ~~1tWX:R:&XMXxQfN.mtXEMMMMMMXXXXXXX~R1X,
and registered on the 23 rd day of December
1991
as Instrument No.
LT577516
made by
VELTRI AND SON LIMITED
to it
charging the land registered in the Land Registry Office for the Land Titles Division of
Durham Region
as Raqxoo Part of Parcel Plan-l
in the Register for Section 40M- , C6 ~,
Hereby postpone Charge No. L'I'57 7516
to the crJXKQtKGtK~tbltXXXXXX~XlX
)4HXXXXJmRl<<lO~
Transfer of Easement made by VELTRI AND SON LIMITED
to THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
and registered on the :<.4 day of s.p t~ 1997
as Instrument No. L T~;2. "343CZ)
Dated at Oshawa
the II~ day of September
19 97.
Witness:
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Transfer/Deed of Land
Form 1 - Land Registration Reform Act
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This is a: Property Property
Division D Consolidation 0
Part of Parcel Plan-I, Section 40M- , <i <?' G , being Blocks 21
and 22, Plan 40M- ('Y q (, , in the Municipality of
Clarington, in the Regional Municipality of Durham, desigaatetl as
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Executions
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(6) This (a) Redescription
Document New Easement
Contains Plan/Sketch 0
(b) Schedule for:
Description 0
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(7) Interest/Estate Transferred
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(8) Transferor(s) The transferor hereby transfers the land to the transferee
Name(s)
,',',',',',',',',',',',',',.',',',',',',',' ,', "":'5'. ",' ",..'" Date of Sign,atu, re
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.YELTRlAND.SON.LIM.ITED.."..,"""""""'..,...."""'.........""""..,....." *
Ihave""authQrity tQ bind the ,',"
Cornoration.
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
(10) Transferor(s) Address
for Service 1038 Pinetree Court, Oshawa, Ontario, LIK IP4
(11) Transferee(s)
Date of Birth
Y M 0
.THE.,CORrORATlON,OF"THE.MUNIC1PALITY.,OF,.C.LARINGTON"""".,",.".."""""""""",...""""
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(12) Transferee(s) Address
for Service 40 Temoerance Street, Bowmanville, Ontario, LIC 3A6
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the
Planning Act. Date of Signature Date of Signature
Signature"" ,. ,.",""'" ....""'...."""""""",, ....""'.".""",, """,:.....,"~'" ,....j", ,~'" ,:, "'~.,' ,i Signature",.", ""'...."""""""",,, ,....,.',.."""", ..."'."..",,, "...."."":""",, ~""" ,..:...~", j", ,~"'"
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and Y ,M 0
Address of :
Solicitor Signature"u uu , :
(14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Ad and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good
standing,
Name and
Address of
Solicitor
Date of Signature
Y M 0
Signature,.
:NOT ASSIGNED
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(16) Municipal Address of Property
Map Sub. Par.
NOT ASSIGNED
(17) Document Prepared by:
Kitchen, Kitchen, Simeson
& McFarlane
P.O. Box 428
86 Simcoe Street South
Oshawa, Ontario
LIH 7L5
Land Transfer Tax
Total
style.. corpondlon SGtIOoca'"3.11 I TORONTO-CANADA
Document completed uSIng Form'CWare, by Do Process Software Ltd.
SC102H 11/1992
.tyIe1lS ~ ~ 3.11/ TORONTO' CANADA Page 2 Affidavit of Residence and of Value of the Consideration
SCto1H 8/1992 Document ~ using The ConwtywIcef F 1 La d 11 -' 11 Act
tlefer to all . structio id arm - n ran~lner ax
IN THE M~'hER ontWt~~S::E:ANCE OF (lntI"'bdofdNcrlptJonofllllld) Part ofPareel Plan-I, Section 4OM-1886
being Lots 21 and 22,Plan 40M-1886,
Municipality of Clarington, R~gional Municipality of Durham
BY (pIint_ofe/ltrwMfeIotalnfullj Veltri and Son Umited
TO (_ InaInIcfIon 11111dpdnt _ of 011 ....,.,... In full) The Corporation of the Municipality of Clarington
I, (_'naf1UctIon 2 IIIId pdnt nemeta) In full} Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I am (pi_. cINT IIHIIIc wIfIJIn the aqu_ oppoaJte ",., _ of the foIluw/1II/ ".,.",.". ",., d"",,bN the e..", of the deponent(a)}: (a.. IMlnH:fIon 2)
o (a) A person In trust for whom the land conveyed In the abOve-described conveyance Is being conveyed;
o (b) A trustee named In the abOve-described conveyance to whom the land Is being conveyed;
o (c) A transferee named In the above-described conveyance;
~ (d) The authorized agent or sollcnor acting In this transaction for (Ina'" nemeta) of pdnclpel(a}}
The Corporation of the Municipality of Clarington
described In paragraph(s) CIi, CM. (c) above; (atllke out IfIfeIetH:u to lneppllcobl. ".,..,.,.)
o (e) The President, VIce-President, Manager, Secretary, Director, or Treasurer authorized to act for (Inao" nemeta) of COI'pIHeIIon(a}}
described In paragraph(s) (a), (b), (c) above; (atllke out ..feIw_ to lneppl/eable p",.,,""')
o (f) A transferee described In paragraph ( ) (lntIo" only _ of".,."""." (oJ, (6) 01' (c) ebcmt. .. eppI/eoblo) and am making this affidavit on my own behalf and on
behalf of (Inutf _ of apouao) who Is my spouse described
In paragraph ( ) (inti." only one of ".,."""." (oJ, (b) 01 (c) above, .. eppIIcoblo) and as such, I have personal knOWledge of the facts herein deposed to.
2. (To lie completed .,..,. fhe VIllus of fhe consldenlllon tor fhe conlf8llllJC8 &lfCINlda $400,0(0).
I have read and consIdered the definition of "single family residence" set out In clause 1 (l)(Ja) of Ihe Act. The land conveyed In the above-described conveyance
o contains at least one and not more than two single family residences. Note: Clause 2(l)(d) Imposes an addltlonall8X at the rate of one-half of one per
o does nol contain a single family residence. cent upon the value of consideration In __ of $400,000 where the conveyance
o contains more than two single family residences. (... I""trucflon 3) contains It least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resIdent person" set out respeCtively In clauses 1(l)(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. (a.. IMlnH:tJ_ .. IIIId 5)
none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid In cash . . . . . . . . . . . . . . . . . . . . . . .. $
(b) Mortgages (I) Assumed (V- pdnclpollllld InteI8at to be credited agol"", pure"'" price) .. $
(II) Given back to vendor ..... $
(c) Property transferred In exchange (detell below) $
(d) Securities transferred to the value of (detell beI_) $
(e) Uens, legacies, annunles and maintenance charges to which transfer Is SUbject $
(f) Other valuable consideration subject to land transfer tax (detell below) $
2.00
Nil
Nil
Nil
Nil
Nil
Nil
All 81Mb
"UlI' Bo
FRied In.
I""." -NlI-
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Total of (a) to (f}) . . . . . . . . . . . . . . . . $ 2.00 $
(h) VALUE OF ALL CHATTELS - lIems of langlble personal property
(RlIRJl SeIN Tu,," ".,.",. 011 the vein 0/011 chefteIa unlea uempt under
the prtWIaJ_ of the -RlIRJl S... Tu Aer, Roao. 1980, 0.454, .. tllfHllJded) $
(I) Other consideration for transaction not Included In (g) or Ch) abOve . . . $
(J) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . . . . $
5. If consideration Is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (_ IMtrwtlon 8)
Convqance pur!lluant to a Subdivision Agreement.
6. If the consideration Is nominal, Is the land subject to any encumbrance? n I a
7. Other remarks and explanations, If necessary. n/ a .
2.00
"'IHmt
Applicable
Nil
Nil
2.00
Property Information Record
A. Describe nature of Instrument: Transfer IDeed of Land
.
B. C I) Address of property being conveyed (If IMII/oble)
.----------
algmlture(.)
S
For Land Registry Offtce Use Only
Registration No.
SWorn before me at the City of Toronto
In the Municipality of Metropolitan Toronto
.... "I CPtembe ,.97
A Commissioner for taking AffIdavl
(II) Assessment Roll No. (If IMIIlabIe)
C. Mailing addressees) for future Notices of Assessment under the Assessment Acl for property being
conveyed (a.. InIItructJon 7) 40 Temperance Street, Bowmanville, Ontario
LIC 3A6
Reglatratlon Date
land Registry OffIce No.
D. (I) Registration number for last conveyance of property being conveyed (1IIM11Iob1o)
(II) Legal description of property conveyed: Same as In 0.(1) abOve. Yes 0 No 0 Not known 0
E. Name(s) and addressees) of each transferee's solicitor
Nicholas T. Macos, Barrister & Solicitor
130 Adelaide Street West, Suite 2500, Toronto, Ontario, M5H 2M2
7097
School Tax Support (Voluntary Election) See rev.r.e for explanation
(a) Are alllndlvlduallransferees Roman Catholic? Yes 0 No 0
Cb) If Yes, do all IndIVidual transferees wish to be Roman Catholic Separate School Supporters? Yes 0 No 0
(c) 00 all IndIVIdual transferees have French language Education Rlghls ? Yes 0 No 0
Cd) If Yes. do all IndIVIdual transferees wish to support the French language School Board (Where established) ? Yes 0 No 0
NOTE: Ala to (e) and (d) the land being transferred will be assigned to the French Public School Board or Sector unl... otherwise directed In Ca) and (b). 04490 (90-09)