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HomeMy WebLinkAbout91-194 '\ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- 194 Being a by-law to amend By-law 89-130 WHEREAS By-law 89-130 authorized the execution of a Subdivision Agreement between the Town, 612282 Ontario limited and certain other parties including the late Mr. Herbert Farncombe Gibson, one of the mortgagees of the lands to which the Agreement would apply; WHEREAS the Subdivision Agreement authorized by By-law 89-130 would apply in respect of the lands to which draft Plan of Subdivision 18T-89013 applies and would be made to satisfy a condition of approval of such draft Plan; WHEREAS the late Mr. Gibson died before the Subdivision Agreement could be executed by him and letters probate have not yet been issued to the executor of his estate; WHEREAS the Town's Solicitor, Mr. Dennis Hefferon has advised that it is urgent that the Subdivision Agreement be executed on or before November 23, 1991 because of the provisions of the Development Charges Act, 1989 and that the authority granted by By- law 89-130 requires amendment; WHEREAS Council has considered the communication from the Town's Solicitor, Mr. Dennis Hefferon dated November 15, 1991 dealing with this matter which is contained in Appendix "A" attached to and forming part of this By-law; NOW THEREFORE the Council of The Corporation of the Town of Newcastle enacts as follows: 1. THAT notwithstanding By-law 89-130, a Subdivision Agreement dealing with the lands to which draft Plan of Subdivision 18T-89013 applies may be executed on behalf of the Town if the owner of such lands and all other necessary parties with the exception of the late Mr. Herbert Farncombe Gibson have executed the Agreement, provided that the conditions set out in the letter from Mr. Dennis Hefferon to Mr. Franklin Wu dated November 15, 1991 and contained in Appendix "A" attached to and forming part of this By-law are satisfied. 2. THAT subject to paragraph 1 of this By-law, the Mayor and Clerk are authorized to execute the Subdivision Agreement referred to in paragraph 1 on behalf of The Corporation of the Town of Newcastle. BY-LAW BY-LAW BY-LAW read a first time this 18th day of November, 1991. read a second time this 18th day of November, 1991. read a third time and finally passed this 18th day of November, 1991. THE CORPORATION OF THE TOWN OF ASTLE (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 621182 Ontario Limited as Parcel 9-3, Section Con. 2 (Bowmanville) Newcastle 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 ❑. relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D TSB.COUOItATI®N.QF '1'Ii '.OWN. . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . !1991 !r OF NEWCASTLE by it solicitors Nicholas T. Macos SHIBLEY RIGHTON per.Nicholas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . T. Macos (11) Address for Service 40 Tem (12) Party(ies) (Set out Status or Interest) Name(s) (13) Address for Service (14) Municipal Address of Property not assigned Signature(s) (15) Document Prepared by: Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos Date of Signature Y M D TT Fees and Tax J ZO Registration Fee W -- W U U- 0 ° Tolat Province o f I Ontario Form DYE d DURHAM,CO LIMIT: � Form No 985 Document General 4—Land Registration Reform Act,1984 (1) Registry F-1 Land Titles (2) Page 1 of/ )-2 pages (3) Property Block Property Identifler(s) Additional: See C Schedule (4)Nature of Document 0J - C%j Notice of Subdivision Agreement (Section 74 of the Act) J tom- :.a y_.- J (5)Consideration Z o C\! .,. _ ( C'ty ;. NA Dollars$ w Z) t� 4f3 (6) Description W ?ic Parcel 9-3, Section Con. 2 (Bowmanville) o '` " ' being all of Lots 13 14 15 16, 17 19 and 21 Part of Lots 11 o 12, 18, 20 and 22, Block E, part of Porter Street, all of Lots 62, 64, 66, 68, 70 to 90_ inclusive, Block C, part of Winnstanley Street, Porter and Bradshaw Plan being part of Lot 9, New Property Identifiers Concession 2 and art of Lot 9, Concession 2, Geographic P b� p Additional: See Township of Darlington, Town of Newcastle, Regional Schedule Municipality of Durham designated as Parts 1, 2, 3 and 4 on Executions (7 is (a) Redescription (b) Schedule for: Additional: See Document New Easement Additional Fi Contains: Plan/Sketch Description ❑ Parties 7 Other Schedule (8)This Document provides as follows: The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the land registered in the name of 621182 Ontario Limited as Parcel 9-3, Section Con. 2 (Bowmanville) Newcastle 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 ❑. relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D TSB.COUOItATI®N.QF '1'Ii '.OWN. . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . !1991 !r OF NEWCASTLE by it solicitors Nicholas T. Macos SHIBLEY RIGHTON per.Nicholas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . T. Macos (11) Address for Service 40 Tem (12) Party(ies) (Set out Status or Interest) Name(s) (13) Address for Service (14) Municipal Address of Property not assigned Signature(s) (15) Document Prepared by: Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos Date of Signature Y M D TT Fees and Tax J ZO Registration Fee W -- W U U- 0 ° Tolat Page 2 THIS AGREEMENT made in quintuplicate as of this 14th day of November, 1991. BETWEEN: IoCE 621182 ONTARIO LIMITED - and - ROYAL BANK OF CANADA and NATIONAL TRUST COMPANY SUBDIVISION AGREEMENT Page 3 ARTICLE 1 - INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . 7 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.2 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 2 - GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.1 Recitals in Operative Part of Agreement . . . . . . . . . . . . . . . . . . . . . 12 2.2 Certification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.3 Copy of Plan and Agreements Required . . . . . . . . . . . . . . . . . . . . . . 13 2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2.5 Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.6 Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.7 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2.8 Postponement of Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.9 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.10 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.1/2 1y Renegotiation and Amendment of Agreement . . . . . . . . . . . . . . . . . . 15 2.1Town to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2.13 Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2.14 Replacement of Draft Plan with Final Plan(s) . . . . . . . . . . . . . . . . . 17 2.15 Notification of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2.16 Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 3 - FINANCIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.1 Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.2 Payment of Local Improvement Charges . . . . . . . . . . . . . . . . . . . . . 18 3.3 Payment of Drainage Charges . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 19 3.4 Payment of Development Levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.5 Cash in Lieu of Land Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.6 Performance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.7 Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.8 Indemnification of Town . . . . . . . . . . . . . . . . . . . . . . . ..-. . . . . . . . . 20 3.9 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3.10 Maintenance Guarantee Required . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3.11 Use of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.12 Requirements for Release of Performance Guarantee . . . . . . . . . . . . 22 3.13 Requirements for Release of Maintenance Guarantee . . . . . . . . . . . . 23 3.14 Payment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3.15 Unpaid Monies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 3.16 Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Page 4 ARTICLE 4 - PLANNING . . . . . . . . . . . . . . . . . . . . . . o . . . o . . . . o . . . . . . . . 0 25 4.1 .. Not Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4.2 Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . 25 43 Use of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.6 Requirements for Building Permits 27 4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4.8 Architectural Control Standards 31 4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.10 Requirements for Occupancy Permit 32 4.11 Cash in Lieu of Lands for Park or Other Public Recreational Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . 34 4.12 Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 5 - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.1 Town Works Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.2 Utilities and Services Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.3 Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5.4 Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5.5 Approval of Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5.6 Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . 39 5.7 Staging of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.8 Approval of Schedule of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 5.9 Approval of Works Cost Estimates and Stage Cost Estimates . . . . . . 40 5.10 Requirements for Authorization to Commence Works . . . . . . . . . . . . 40 5.11 Requirements for Commencement of Subsequent Stages of Works . . . 43 5.12 Inspection and Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5.13 Construction in Accordance with Engineering Drawings . . . . . . . . . . 44 5.14 Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . 5.15 Completion Time for Construction of Works . . . . . . . . . . . . . . . . . . 44 5.16 Minor Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5.17 Incomplete or Faulty Works and Liens . . . . . . . . . . . . . . . . . . . . . . 45 5.18 Entry for Emergency Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.19 Damage to Existing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 5.20 Damage to Neighbouring Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5.21 Use of Works by Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.22 Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . . 49 5.23 Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . . 50 5.24 Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . 50 5.25 Ownership of Works by Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Page 5 5.26 Requirements for Certificate of Release . . . . . . a . . . . . . . . . . . . . . . 51 5.27 External and/or Oversized Services 51 5.28 Financial Contributions for Certain External Works . . . . . . . . . . . . . 56 5.29 Cost of Forks Referred to in Schedule "G" . . . . . . . . . . . . . . . . . . . . 57 ARTICLE 6 - COMPLIANCE WITH REGULATIONS . . . . . . . . . . . . . . . . . . . 57 ARTICLE 7 -- RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . . 57 ARTICLE S - TIME OF ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT . . . . . . . . . . . . . . . . 58 Schedule "A" - "Legal Description of the Lands" Schedule "B" - "Plan of Subdivision (reduction)" Schedule "C" - "Charges Against the Lands" Schedule "D" - "Development Levies" Schedule "E" - Not Used Schedule "F" - "Lands to be Transferred to Town and/or Cash to be Paid in Lieu Thereof" Schedule "G" - "Works Required" Schedule "G-1" "Staging Plan" Schedule "H" - "Utilities and Services Required" Schedule "I" - "Duties of Owner's Engineer" Schedule "7" - "Works Cost Estimates" Schedule "K" - "Insurance Required" Schedule "L" - "Regulations for Construction" Schedule "M" - "Use of the Lands" Schedule "N" - "Land Unsuitable for Building" Schedule "O" - Not Used Schedule *P" - "External and/or Oversized Services" Schedule "P-1" - "Financial Contributions for Certain External Forks" Schedule "Q" - "Conservation Authority's Work" Schedule "R" - "Engineering and Inspection Fees" Schedule "S" - -"Region's Conditions of Approval" Schedule Ir - Not Used Schedule *U" "Landscaping Plan" (reduction) Schedule *V" - "Requirements of Other Agencies" Schedule "W" - "Architectural Control Standards" Page 6 THIS AGREEMENT made in quintuplicate as of this 14th day of November, 1991. THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") - and - 621182 ONTARIO LIMITED (hereinafter called the "Owner") - and - ROYAL RANK OF CANADA and NATIONAL TRUST COMPANY (hereinafter collectively called the "Mortgagees") OF THE THIRD PART `lfl A The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands"; B The Owner represents and warrants that subject to Recital C it is the registered Owner of the Lands in fee simple absolute; C The Owner represents and warrants that there are no other mortgagees or chargee of the Lands than each of the Mortgagees; D The Owner has received the approval of the Regional Municipality of Durham, (hereinafter called the "Region") to draft Plan of Subdivision 18T-89013 of the Lands subject to compliance with certain conditions thereto including the making of Subdivision Agreements with the Region and the Town, respectively; Page 7 E The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and the Town, respectively, for the malting of the aforesaid Subdivision Agreements; F The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and Services'; G The Owner represents and warrants that it will enter into Agreements with the Region and the Town to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-89013; H This Agreement is made pursuant to the provisions of Subsection 50(6) of the Planning Act, 1983 and is authorized by By-law 89-130 passed on July 24, 1989 as amended by By-law No. 91-193 passed on November 18, 1991; NOW THEREFORE R'ITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1 - INTERPRETATION kND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (b) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (c) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (d) 'Benefiting Area" has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (e) "Bradshaw Street Urban Upgrading Work" has the meaning assigned to it in Schedule "G" of this Agreement. (f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. (g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (h) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of this Agreement. (i) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (j) "Cost Sharing Report" means the "Cost Sharing Report" referred to in Schedule "G" of this Agreement. (k) "Council" means the Council of The Corporation of the Town of Newcastle. (1) 'Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (m) 'Designated Areas" has the meaning assigned to it in paragraph 5.27(4) of this Agreement. (n) "Development Charge By-law" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (o) "Development Levies" has the meaning assigned to it in Schedule 'D" of this Agreement. (p) 'Director" means the Director of Public Works of the Town of Newcastle or his designated representative. (q) 'Director of Community Services" means the Director of Community Services of the Town of Newcastle or his designated representative. (r) 'Director of Planning" means the Director of Planning and Development of the Town of Newcastle or his designated representative. Page 9 (s) "Engineering Drawings"has the meaning assigned to it in paragraph 5.5 of this Agreement. (t) "External and/or Oversized Services" has the meaning assigned to it in paragraph 5.27(1) of this Agreement. (u) "40M Plan"has the meaning assigned to it in paragraph 23 of this Agreement. (v) "Front-Ending Agreement"has the meaning assigned to it in paragraph 5.27(3) of this Agreement. (w) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (x) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (y) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. (z) "Lands" has the meaning assigned to it in Recital A of this Agreement. (aa) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this Agreement. (bb) "Maintenance Guarantee"has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (cc) "Mearns Avenue Urban Upgrading Work" has the meaning assigned to it in Schedule "P-1" of this Agreement. (dd) "Minister" means the Minister of Municipal Affairs, Ontario. (ee) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (ff) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(5) of this Agreement. (gg) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(6) of this Agreement. (hh) "Occupancy Permit"has the meaning assigned to it in paragraph 4.10(1)of this Agreement. (ii) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. "Occupancy Permit Scale"has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (kk) "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. (11) "Owner's Engineer" means a professional Civil Engineer, registered by the Association of Professional Engineers of Ontario. (mm) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (nn) "Property Frontage Charges" has the meaning assigned to it in paragraph 5.27(4) of this Agreement. (oo) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (pp) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (qq) "Region"shall mean the Corporation of the Regional Municipality of Durham. (rr) 'Reconstruction Work" has the meaning assigned to it in Schedule"G" of this Agreement. (ss) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (tt) "Services" has the meaning assigned to it in paragraph 5.27(5) of this Agreement. (uu) "Security for the Maintenance Guarantee" has the meaning assigned to it in aragraph 3.10(2) of this Agreement. (w) "Solicitor" means the Solicitor for the Town. (ww) "Soper Creek.West Branch Drainage Outfall System" has the meaning assigned to it in Schedule "P-1" of this Agreement. (xx) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (yy) "Storm Sewer Oversizing Work (Plan 18T-88024)" has the meaning assigned to it in Schedule "P-1" of this Agreement. (zz) "Storm Sewer Oversizing Work (Plan 18T-89013)" has the meaning assigned to it in Schedule "G" of this Agreement. (aaa) 'Town" means The Corporation of the Town of Newcastle or any official, designated by Council to administer the terms of this Agreement. (bbb) "Treasurer" means the Treasurer of the Town of Newcastle or his designated representative. (ccc) "Utilities and Services"means the utilities and services referred to in Schedule "H" of this Agreement. (ddd) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (eee) "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 ,Schedule 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: Page 12 Schedule "A" - "Legal Description of the Lands" Schedule "B" - 'Plan of Subdivision (reduction)" Schedule "C" - "Charges Against the Lands" Schedule 'D" - "Development Levies" Schedule "E" - Not Used Schedule "F" - "Lands to be Transferred to Town and/or Cash to be Paid in Lieu Thereof" Schedule "G" - "Works Required" Schedule "G-1" - "Staging Plan" Schedule "II" - "Utilities and Services Required" Schedule "I" - "Duties of Owner's Engineer" Schedule "J" - "Works Cost Estimates" Schedule "K" - "Insurance Required" Schedule "L" - "Regulations for Construction' Schedule "M" - "Use of the Lands" Schedule "N" - "Land Unsuitable for Building" Schedule "O" - Not Used Schedule "P" - "External and/or Oversized Services" Schedule "P-1" - "Financial Contributions for Certain External Works" Schedule "Q" - "Conservation Authority's Work" Schedule "R" - "Engineering and Inspection Fees" Schedule "S" - "Region's Conditions of Approval' Schedule "'I" - Not Used Schedule "U" - "Landscaping Plan" (reduction) Schedule "V" - "Requirements of Other Agencies" Schedule "W" - "Architectural Control Standards" 2.1 Recitals in Operative Part of Agreement The Owner represents and warrants to the Town that each of Recitals A to G of this Agreement is correct. 2.2 Certiflcation of ership (1) On the execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the.Town certifying as to the title of the said Lands and setting out the names of all persons having interests in the said Lands and the nature of their interests. (2) On the execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Town or in which easements are to be transferred to the Town pursuant to the terms of this Agreement. 2.3 Copy of Plan and Agreements Required On the execution of this Agreement,the Owner shall provide the Town with as many copies as the Town requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in Schedule 'B" attached hereto. The Owner shall also furnish to the Town at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and Agreement has been executed by the Parties thereto at the time of the execution of this Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall provide the Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval .of the aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Newcastle Hydro-Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or,if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Town with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. 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. Page 14 (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereof; but prior to the issuance of a building permit(s)for buildings)proposed to be constructed on a particular lot(s)or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company for Town purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Town, the Region of Durham,the Newcastle Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2) 2.5 Transfer of Lands On the execution of this Agreement, the Owner shall deliver to the Town executed transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "F hereto and shall pay to the Town in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.7 Registration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the registered number of the Plan shall be left blank and the Owner hereby authorizes the Town to insert such Plan number after registration of the Plan. 2.8 Postponement of Mortgage Each of the Mortgagees hereby postpones its mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage. In the event that (1) either of the Mortgagees obtains an order of foreclosure against the Owner, (2) either of the Mortgagees directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under either mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Town,each of the Mortgagees at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Town's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Town. 2.9 Charge on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. 2.10 Registration of Agreement The Owner and the Mortgagees hereby consent to the registration of this Agreement or a notice thereof against the title to the Lands. Neither the Owner nor the Mortgagees will register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished hereunder have first been registered against the title to the Lands or the appropriate portion(s) thereof; as the case may be. Without derogating from the foregoing, the Owner and the Mortgagees also hereby consent to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands or the relevant portion(s) thereof as the case may be, in order to give further effect to the foregoing and acknowledge that the Town has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.11 Renegotiation and Amendment of Agreement (1) Following the occurrence of any of the events set out below in this 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; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Town, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement,the Owner and the Town will renegotiate the same in good faith and with expedition. In the event that the renegotiation has not been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which the notice requiring the renegotiation is given as aforesaid, at any time thereafter the Town may give the Owner written notice declaring this Agreement to be terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Town declaring it to be terminated in accordance with paragraph 2.11(1), none of the Parties hereto may make any claim against the Town for damages for any loss or cost or make any claim against the Town for compensation in respect of any of the Works,whether located in whole or in part on land in which the Town has an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this Agreement e will survive the termination of this Agreement pursuant to paragraph Page 17 2.11(1), and paragraphs 3.8, 3.14, 5.17, 5.19, 520 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. HEUER r Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town Director is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization, permission or approval shall be made promptly in all respects and the Town and its officials shall act reasonably. 2.13 Assignment of Agreement 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 replacement of Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-89013 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-89013 approved pursuant to the Planning Act, 1983 being registered against the title to any one (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 18T-89013 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", "IV", "O", "P" and "Q", in order to replace the descriptions and references to the red- lined draft Plan of Subdivision 18T-89013 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.15 Notification of Owner If any notice or other document is required to be or may be given by the Town or by any official of the Town to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: 621182 Ontario m • 1 Wertheim Court, a Richmond Hill, Ontario ]LAB 1B9 or such other address of which the Owner has notified the Town in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 2.16 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. ARTICLE 3 - FINANCI.�L 3.1 Pement of Faxes 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 PgMent of Local Improvement Charges Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule "C" hereto. Such charges shall include the Town's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 Foment of Drainage Charges 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 bands, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 Payment of Development Levies (1) The Owner shall pay all "Development Levies" (as defined in Schedule "D") in the amounts and at the times set out in Schedule "D"hereto. For greater certainty,prior to the issuance of any building permit in respect of any lot(s) or block(s) on the Lands, the Owner shall pay all remaining Development Levies assessed against such lot(s) or block(s). (2) Without derogating from paragraphs 5.27(6), 5.28(1), 5.28(2), 5.28(3), 5.28(4) and 5.29, the Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4 and Schedules "D", "G", "P" and "P-1", are intended nor shall they be considered to have the effect of exempting the Owner in whole or in part from, or making inapplicable to the Owner, or making inapplicable in respect of the development of the Lands, a development charge that after the date of this Agreement may be imposed by the Town by passing a By-law (the "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 a Development Charge By-law which is not in excess of the amount of the Development Levies on the date of issuance of any building permit under the Ontario Building Code Act for a dwelling(s)proposed to be constructed 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. 00M 3.5 Cash in Lieu of band Dedication On the execution of this Agreement,the Owner shall pay the Town the cash payment in lieu of dedication of lands as set out in Schedule "F hereto. 3.6 Performance Guarantee Required Prior to the date of issuance of any Authorization to Commence Work, the Owner shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's Treasurer, and containing terms satisfactory to the Town's Treasurer. The deposit shall be in the amount which is required to secure to the Town the performance by the Owner of its covenants contained in this Agreement to construct and install the Works and the performance of the Owner's obligations under paragraphs 5.13(2),5.28(l) and 5.25(2). Such cash deposit or letter of credit shall be in an amount equal to the "Works Cost Estimate" with respect to the Lands for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an Authorization Application has been made by the Owner plus the amounts required by paragraphs 5.25(1) and 5.25(2). (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 any one 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. 3.5 Indemnification of Town (1) The Owner shall defend, indemnify and save the Town harmless from and against all actions,claims,liabilities,losses,damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction, and/or installation of the Works provided for in this Agreement. (2) The Owner shall continue to indemnify and save harmless the Town as provided in paragraph 3.5(1) notwithstanding the issuance of a Certificate of Release to the Owner and notwithstanding any arrangements that may be made by the Town with any person respecting any of the matters indemnified against under this Agreement. (3) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Town to do or refrain from doing any act or making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule 'K" of this Agreement on or prior to the execution of this Agreement and thereafter in accordance with Schedule W. 3.10 Maintenance Guarantee Required (1) From the date of issuance of a Certificate of Completion of the Works or any of them, until the date of issuance of a Certificate of Acceptance of such Works, the Owner agrees with the Town to promptly correct, remedy, repair or replace any portion or component of such Works that the Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the"Maintenance Guarantee"). The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. (2) Prior to the date of issuance of a Certificate of Completion of the Works or any of them, the Owner will deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "13" 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 the following Works as set out below: (1) ",storm Sewer S tem" as hereafter defined including the "Storm Sewer Work" (as hereafter defined): a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for the Storm Sewer System and terminating on the date of issuance of the Certificate of Acceptance for the Storm Sewer System. (2) 'Bradshaw Street Urban Upgradin Work" as hereafter definedL a minimum of two (2) years commencing on the date of issuance of the Certificate of Completion for the Bradshaw Street Urban Upgrading Work and terminating on the date of issuance of the Certificate of Acceptance for the Bradshaw Street Urban Upgrading Work. (3) 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 z� Engineer in respect of the completed Works if such has been submitted to the Town by the Owner. (2) The Owner will not require the Town to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) a Certificate of Completion has been issued for the Works for which such Performance Guarantee is required under this Agreement; (b) the Owner has deposited with the Town,the Maintenance Guarantee applying to the Works for which the Performance Guarantee was required; and (c) the Town is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims to such Works. 3.13 Requirements for Release of Maintenance Guarantee The Owner agrees that the Town shall not be required to release to the Owner the Security for the Maintenance Guarantee until the following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Town is satisfied that there are no outstanding claims relating to such Works. (c) The Town has received the as-built drawings for such Works from the Owner. 3.14 Pyment of Town's Costs (1) On the execution of this Agreement the Owner shall reimburse the Town for all reasonable, legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement and the reasonable cost of all legal services contemplated by the terms of this Agreement, which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate(s) of Release,provided that services have actually been performed for the Town. (2) After the date of execution of this Agreement, forthwith after written notice is given to the Owner containing reasonable particulars thereof the Owner shall reimburse Page 24 the Town for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred by the Town in connection with the preparation,processing and approval of the "Front-Ending Agreement(s)"necessary to implement paragraph 5.27 of this Agreement. (3) The Owner shall pay to the Town for all estimated engineering and inspection costs in accordance with the provisions of Schedule "R" forthwith after a written demand therefor is given to the Owner by the Director. (4) After giving reasonable notice to the Town, the Owner may inspect, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is requiring reimbursement pursuant to paragraphs 3.14(1), 3.14(2) and 3.14(3). 3.15 Unpaid Monies Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is.specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall be calculated and be paid by the Owner to the Town on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with Town taxes which are in arrears at the date on which the default in question commences. There shall be added to the interest so calculated and payable, an amount which is equal to the late payment charge which may be added to Town tax arrears payable by a ratepayer of the Town at the date on which the default in question commences. 3.16 Occupancy Permit Deposit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the bands, the Owner shall deposit with the Town an irrevocable and unconditional letter of credit issued by a bank listed in Schedule"A" or Schedule "B" of the Bank Act acceptable to the Town's Treasurer, in the amount of twenty thousand ($20,000.00) dollars (the "Occupancy Permit Deposit") to secure the performance of the Owner's covenant to the Town that occupancy of any dwellings) on the Lands will not take place before an "Occupancy Permit" (defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to the Town's Treasurer. In the event that occupancy of dwelling(s) occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Town to comply with the requirements of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the event that the Town so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it is given written notice of the amount of the appropriation, the Owner shall restore the Occupancy Permit Deposit to the full amount of twenty thousand($20,000.00) dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner at such time as the last dwelling which may be constructed on the bands is permitted to be occupied pursuant to an Occupancy Permit. If a letter of credit is deposited as the Occupancy Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 40M Plan contained in Schedule "B" to replace the letter of credit from time to time,provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following any such permitted replacement of a letter of credit, the Town will return the replaced letter of credit to the Owner or to the person for whom it was issued, as may be appropriate. (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1)is based on the following "Occupancy Permit Scale" of the Town which is current on the date of execution of this Agreement: up to t lots $10,000.t 51 to 01 lots $15,000.h.;t 101 to 1 lots $20,000.1.1 251 to 500 lots $30 over t i lots $50,000-0 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 Landscaping Plan and Landscaping Requirements (1) Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a "Landscaping Plan" (as hereafter defined). (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning and the Director of Public Works. The landscape architect shall prepare a draft landscaping plan showing, amongst other things, boulevard road areas and vegetation, and trees to be planted thereon. The draft landscaping plan shall conform with and implement the Town's Page 26 landscaping design criteria, as amended from time to time and the provisions of this Agreement. When the draft landscaping plan has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for the purposes of this Agreement. (4) The Owner agrees that its cost to satisfy the following requirements: (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded/seeded, as may be required by the Director of Planning,within one (1) year of occupancy of the dwellings; (b) a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); (c) all trees shall be a minimum of three point five (3.5) m in height and six (6) cm in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with.the Town's landscaping design criteria and the relevant Landscaping Plan; (e) fencing, other than noise fencing the height of which is specified in paragraph 4.12(6) 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 (5) The Owner agrees, at its expense, to provide and install trees,vegetation and fencing and to satisfy the other requirements of the Landscaping Plan expeditiously during the construction of dwellings on the Lands. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Town at the Owner's cost. Without limiting the Town's rights under any other provision of this Agreement,the Owner acknowledges and agrees with the Town that the Town may appropriate a portion of the Performance Guarantee to indemnify the 'Town in respect of the cost of remedying or correcting any such default of the Owner at any Page 27 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. UUMM M, The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63, as amended from time to time. 4.4 IAnds Unsuitable for Building The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s)until the conditions set out in Schedule "N" for such lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Lands Requiring, Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule "O" until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot(s) or block(s) under Section 40 of the Planning Act, 1983, provided that any application for a building permit shall comply in all respects with the terms of the said Site Plan Agreement and all applicable laws. 4.6 Reguirements i'or Building 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: i (a) all easements for the purposes of the'Town, the Region of Durham or the Newcastle Hydro-Electric Commission or for the purpose of Utilities and Services referred to in Schedule "H", or for the purpose of drainage in the lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to the appropriate person as required by this Agreement; (b) all the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s); (c) all of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director; (d) all of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Newcastle Hydro-Electric Commission and/or 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 pay or 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 "D" have been paid in respect of the lot(s) or block(s) for which application is made for a building permit; (g) the Owner has deposited with the Town the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing; (h) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions with respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement; Page 29 (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 "O", the Owner has entered into a Site Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement; (j) the Performance Guarantee and in all cases required by this Agreement,the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Town and are in good standing; (k) the applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s) as well as with the Town's Design Criteria and Standard Detail Drawings; (1) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location-of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands; (m) (i) the Owner has constructed access routes to the subdivision in satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced; (ii) the Owner has agreed with the Town that during construction of the building pursuant to the building permits which have been applied for fire access routes will be maintained continuously as required by Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste will be maintained in accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open burning will not occur contrary to Subsection 2.63.4 of the Ontario Fire Code; (iii) the Owner has agreed with the Town to comply with the Ontario Fire Code with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning (Subsection 2.63.4); (iv) the Owner has agreed with the Town to have regard for the "Guidelines to Fire Prevention"published jointly by the Ontario Biome 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 dwellings) to be erected on the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "W" hereto; and (o) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Model Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the Lands, provided that: (a) each such application is in conformity with all By-laws of the Town, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Town as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n) of this Agreement. (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Town's Fire Chief. (3) Any model home(s) constructed on the Lands shall be used for sales display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. Zw If such model home(s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Town may have under this Agreement, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Town that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Town's Fire Chief', the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Town harmless and indemnify the Town from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees,which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 Architectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "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 any one (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 2.7; (b) where a building permit has not been issued in respect of a lot(s) or block(s) shown on the Plan which is proposed to be sold, the Owner has obtained from the prospective purchaser an enforceable covenant made directly with the Town by which such purchaser agrees with the Town, that prior to the issuance of a building permit for a building on the land in question, he will deliver to the Town, the Newcastle Hydro-Electric Commission, other authority and/or.company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Town, Region of Durham and Utilities and Services or drainage purposes,as determined by the Director, forthwith after written request by the Director therefor is given to the Owner; _-!. (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Town to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credits required by this Agreement have been deposited with the Town and all letters of credit deposited with the Town are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is entered into by the prospective purchaser(s) as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and without limiting the generality of the foregoing, are subject to the provisions of paragraphs 4.12(7), 4.12(8) and Article 7 in respect of the obligations of subsequent owners; 4.10 Requirements for Occupangy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respecting the issuance of any permit authorizing or permitting the occupancy of any building, the Owner shall not occupy or cause or permit any building on the said Lands to be occupied without the written permission of the Town (the "Occupancy Permit") having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: (a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received the application of-the base course of asphalt, to the written satisfaction of the Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable T.V., which are required to be constructed, installed and connected to the building pursuant to Schedule "Ii", have been so constructed, installed and Page 33 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 ham; (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. (2) Prior to the issuance of a "Temporary Occupancy Permit" referred to in Section 4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director, shall confirm in writing to the Director of Planning that the proposed dwelling(s) has been constructed in accordance with the approved "Noise Impact Study" (as hereafter defined) referred to in paragraphs 4.12(6) and 4.12(10) of this Agreement. (3) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may be issued a"Temporary Occupancy Permit"to permit the occupancy of a dwelling in the event the Owner establishes to the satisfaction of the Director that it has not been able to comply with the requirements of paragraph 4.10(e) by reason of seasonal, weather or other conditions which are considered by the Director, in his discretion, to be beyond the control of the Owner. Prior to the commencement of a permitted temporary occupancy of a dwelling, the Owner shall establish, to the satisfaction of the Director of Planning that the provisions of paragraphs 4.10(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 Cash in Lieu of Lands for Park or Other Public Recreational Purposes On the execution of this Agreement, the Owner shall pay to the Town in cash the amount of cash in lieu of the transfer of land to the Town for park and other public recreational purposes set out in Schedule "F. 4.12 S ial Conditions (1) Block 105 shown on the draft 40M Plan shall not be developed except in conjunction _ with the development of the lands which abut it. The aforesaid Block shall be maintained by the Owner in a graded, sodded or seeded and clean condition until developed. (2) The Owner shall implement those noise control measures as recommended in the Noise Impact Study as described in Abatement Measures referred to in paragraph MM (3) During construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Town's Fire Chief. (4) 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. (5) The Owner shall pay to the Town the Owner'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") 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, 1959, 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 "J" and "P-1". Upon completion of these works the total estimated costs and the Owner's share thereof shall be updated to reflect the "as constructed" costs of the works and the then current dollar Page 35 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 by the Director. On the execution of this Agreement, the Owner shall deliver to the Town's Treasurer an unconditional and irrevocable letter of credit in the amount of one hundred and sixty-three thousand eight hundred and sixty ($163,860.00) dollars issued by a bank listed in Schedule "A" or Schedule 'B" of the Bank Act and acceptable to the Town's Treasurer and it shall be part of the Performance Guarantee. 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 share of the costs of the works referred to in this paragraph 4.12(5). (6) The Owner shall implement the specific noise recommendations contained in the approved Final Noise Impact Study for Plan of Subdivision 18T-89013 dated July, 1989 as prepared by G.M. Sernas & Associates Ltd. (the "Noise impact Study") including those specific items noted below: Summary of Recommended abatement Measures Number Lot abatement Measures Location 1 52 Mandatory Central A/C East lot line abutting 1.8m Noise Pence Mearns Avenue. (7) The following Warning Clause "A" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the 40M Plan: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual dwelling units,noise levels may continue to be of concern,occasionally interfering with some activities of the building occupants." (8) The following Warning Clause "13" regarding outdoor noise levels shall be attached to all Offers of Purchase and Sale of dwellings for the following lots on the 40M Plan: i» , _ Lots 9, 44, 50, 51, 53, 54. dwelling unit was fitted with a forced air heating system and ducting sized to accommodate a central air conditioning condenser unit. (NOTE: Care should be taken to ensure that the condenser unit - is located in an area that is not sensitive to noise)". (9) The Owner shall comply with the provisions of Schedule "Q" and Schedule "I l'^ • (10) The Owner shall implement the recommendations contained in the Noise Impact Study. Without limiting the foregoing, the Owner shall: (a) construct one point eight (1.8) metre high acoustical noise barrier fencing on the relevant lots and blocks referred to in the Noise Impact Study; (b) place on title appropriate warning clauses for each of the lot(s) or block(s) in question in accordance with paragraphs 4.12(7) and 4.12(8); and (c) by implementing the construction techniques described in the Noise Impact Study, construct each dwelling in accordance with that Study. (11) Any deadends and/or open side of road(s) allowances created by this draft Plan shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Town. Paragraphs 2.5 and 2.7 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(12). (12) In accordance with the "Staging Plan" (as hereafter defined) and notwithstanding paragraph 5.15 of this Agreement, the Owner shall commence the reconstruction of "Bradshaw Street Reconstruction Work" (as hereafter defined) in accordance with the Engineering Drawings no later than the expiry of two (2) years from the date of issuance of the Certificate of Completion for the first stage of construction of Works provided for in the Staging Plan. _ (13) Prior to the issuance of a building permit for a dwelling proposed to be constructed on any of the lots referred to in paragraphs 4.12(6) and 4.12(10) the Owner shall provide its Acoustic Engineer's written certificate to the Director certifying that the builder's plans for the dwelling are in accordance with the Noise Impact Study. (14) If the Director of Planning and Development considers it to be necessary having regard for the configuration of Block 96 shown on draft Plan of Subdivision 18T- 87033 from time to time, he may require any or all of Lots 1 to 4 inclusive, shown on draft Plan of Subdivision 18'T-89013 to be reconfigured and/or relocated, provided that the provisions of the 'Town's By-law 84-63, as amended with respect to such Lots are satisfied. (15) Unless the Director gives the Owner written permission to the contrary, the Owner shall not apply for or permit or suffer any person(s) to apply for building permits for any of Lots 98 to 103, inclusive shown on the 40M Plan until a Certificate of Completion of the reconstruction of the portion of Bradshaw Street situated to the south of the 40M Plan has been issued by the Director and written notice of that fact has been given to the Owner by the Director. (16) Unless the Director gives the Owner written permission to the contrary, the Owner shall not apply for or permit or suffer any person(s) to apply for building permits for any of Lots 1 to 24, inclusive shown on the 40M flan until a Certificate of Completion of the construction of the portion of Elephant Hill Drive abutting the 40M Plan to the west has been issued by the Director and written notice of that fact has been given to the Owner by the Director. is The Owner at the Owner's expense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in Schedule "G" hereto that either are located within any portion(s) of the Lands or are "External and/or Oversized Services" (as hereafter defined) referred to in paragraph 5.27 of this Agreement (collectively in this Agreement are called the "Works"). From the date of the commencement of the construction and installation of the Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the maintenance of the Works including the cost thereof. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Town. 5.2 Utilities and Services Reguired Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other authority or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "H" in the area in which the said Lands are located which provides for the matters referred to in Schedule "H". MUM 5.3 OwnerIE Engineer The Owner shall retain a Professional Civil Engineer, registered by the Association of Professional Engineers of Ontario (the"Owner's Engineer")who shall perform the duties set out in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the Director written notice of the name and address of the Owner's Engineer. The Parties acknowledge that Marshall Macklin Monaghan Limited has been retained as the Owner's Engineer. 5.4 Design of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with the Town's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as required by this Agreement. (3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the - Town any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For -- greater certainty,the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes to _. being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Town's Solicitor. At the time of delivery of each transfer of land to the Town, the Owner shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to the lands to which it applies. i r t s , Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of all necessary drawings of the Works (the "Engineering Drawings"). If construction and installation of the Works has not commenced within two (2) years from the date of approval of the Engineering Drawings, the _ Engineering Drawings shall be resubmitted to the Director for his reconsideration and MM approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. 5.6 Approval of Grading and Drainage Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an appropriate Plan showing thereon the existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said Lands to the municipal storm sewer system or any other outlet approved by the Director (the "Grading and Drainage Plan"). The written approval of the Director of the Grading and Drainage Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. if construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (the "Reapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be constructed and installed in accordance with it. 5.7 Stating of Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Public Works and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in accordance with such approved Staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public Works. The Staging Plan for the _ purposes of this Agreement is the Plan contained in Schedule "G-1" attached hereto provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to time with the written approval of the Director.. 5.8 Approval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, 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 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. 5.9 Approval of Works Cost Estimates and Stage Cost Estimates Prior to the issuance of any Authorization to Commence Works, the estimated cost of construction and installation of the Works, (the "Works Cost Estimates"), shall be approved by the Director and entered in Schedule "J" hereto. In addition, if a Staging Plan has been approved pursuant to paragraph 5.7, the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be approved by the Director and entered in Schedule "J" prior to the issuance of an Authorization to Commence Works in that stage. 5.10 Requirements for Authorization to Commence Forks (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: the final Plan of •a •y of • • has been approved by i . • .g,,•• pursuant to the Planning •.. (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 23 of this Agreement; escrow the Escrowed Transfer to the Town in accordance with paragraphs 2.4 and 2.7 of this Agreement; (f) the Owner has delivered to the Town transfers of the lands and paid the required cash in accordance with paragraphs 2.5, 2.6 and 4.11 of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Town letters signed on behalf of the Newcastle Hydro-Electric Commission, and/or other authority or company having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained an Engineer in compliance with paragraph 5.3 of this Agreement and has confirmed the name and address of its Engineer to the Director in writing; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5S 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; (1) the Owner has received the written approvals of the Director of Public Works and the Director of Planning of the Staging Plan as provided in paragraph 5.7 of this Agreement; (m) the Owner has received the written approval of the Director of the Schedule of Works as required by paragraph 5.8 of this Agreement; (n) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this Agreement; (o) the Owner has deposited with the Town the Performance Guarantee required by paragraph 3.6 and other provisions of this Agreement and has made all cash payments to and deposited all letters of credit with the Town as required by this Agreement; (p) the Owner has deposited with the Town all policies of insurance or proof thereof required by paragraph 3.9 and Schedule "K" of this Agreement; (q) the Owner has paid all costs required to be paid to the Town by paragraph 3.14 of this Agreement 11. 1 •( or prior to the date of issuance of th t f f 1 1 •ft It" � • (r) the Owner has made all payments to and deposited all letters of credit with the Town in respect of the External and/or Oversized Services that are required by paragraph 5.27 of this Agreement; (s) the Owner has deposited with the Director written approval of all relevant approving agencies including the Certificate(s) of Approval issued by the Ministry of the Environment with respect to the watermain, sanitary and storm sewers for which Authorization to Commence Works is sought, the written approval of the Minister of Natural Resources, and the written approval of the Central Lake Ontario Conservation Authority; and (t) the Owner has been issued a Road Occupation 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), (1), (m), (n), (o), (p), (q), (r) and (s) have been satisfied by the Owner. In such a case, however, a Certificate of Acceptance of the Works, shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Acceptance have been satisfied. Notwithstanding the Page 43 approval of the Director under this paragraph 5.10(2), the Owner agrees with the Town that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might have to compensation by or damages from the Town that he might otherwise have as a result of its construction and installation of any of the Works. 5.11 Rguirements for Commencement of Subsequent Stages of WOrks (1) Notwithstanding any other provision of this Agreement other than paragraphs 5.11(2) and 5.11(3), if the Director has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage defined in the Staging Plan. If the Town has issued an Authorization to Commence Works for a particular stage defined in the Staging Plan, an Authorization to Commence Works for any subsequent stage of the Staging Plan shall not be issued until: (a) the Stage Cost Estimates for such stage has been approved by the Director and entered in Schedule "J" hereto; (b) the Owner has deposited with the Town the Performance Guarantee applying to the stage for which the Owner is seeking such Authorization to Commence Works; and (c) the provisions of paragraphs 5.11(2) and/or 5.11(3), if either is applicable in the particular circumstances, are satisfied. (2) With regard to the"Bradshaw Street Urban Upgrading Work" (as hereafter defined) and Authorization to Commence Works shall not be issued until an Authorization to Commence Works has been issued with respect to that portion of Bradshaw -- Street which is situated to the south of the 40M Plan. (3) With regard to the construction of Ireland Street an Authorization to Commence Works shall not be issued until an Authorization to Commence Work has been issued with respect to that portion of Elephant Hill Drive which abuts the 40M Plan to the west of that Plan. 5.12 Inspection and Stop Work The Owner shall ensure that every contract that may be made by the Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Town may, at any time, inspect the work of such contractor and shall Page 44 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 it 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 Engineering Drawings (1) The Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No deviation from the Engineering Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "U. (2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and refuse until all Works contemplated by this Agreement including the "Storm Sewer Work" (as hereinafter defined) have been completed. After the expiry of twenty- four (24) hours following the giving of written notice requiring the Owner to do so, if the Owner has not performed its obligations under this paragraph 5.13(2), the Town may do so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the Owner written notice of the amount of the deduction in question. 5.14 SMupence of Construction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefor set out in the Schedule of Works. 5.15 Completion 'Hine for Construction of Works Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree -, .- 4 planting which may be completed later if done so in accordance with the provisions of the Schedule of Works. 5.16 Minor Additional Work Until the conclusion of the Maintenance Guarantee Period referable thereto, if in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of any of the Works, the Owner, at its cost, shall construct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 Incomplete or Faulty Works and Liens (1) If; in the opinion of the Director, the Owner is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it will be completed within the time specified for such completion in the Schedule of Works, or if the Works are being improperly constructed or installed, or if the Owner neglects or abandons the said Works or any part of them before completion, or unreasonable delay occurs in the execution of the same, or for any other reason the Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Agreement, or the Owner neglects or refuses to reconstruct or reinstall any of the Works which may be rejected by the Director as defective, deficient or unsuitable, or the Owner in the opinion of the Director otherwise defaults in performance of this Agreement, then in any such case after receiving the authority of the Town Council, the Director may give the Owner notice in writing of such default, neglect, act or omission. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays, after the giving of such notice and the expiry of such additional period as may be specified in the notice given to the Owner by the Director,the Town, at the cost and expense of the Owner, may employ a contractor or such workmen and purchase such services, supplies and/or services as in the opinion of the Director are required for the proper completion of the Works in accordance with this Agreement. In cases of an emergency, as determined by the Director in his discretion, any deficiency(s) or defect(s) in the Works, or any failure to complete the Works in accordance with this Agreement, may be corrected or remedied by the Town at the cost and expense of the Owner without prior notice to the Owner, provided that forthwith after the - Town so acts, the Director shall give written notice to the Owner describing the emergency, the action taken by the Director, and the cost of correcting the deficiency or default in question. The cost of any work which the Town undertakes under this paragraph 5.17(1) shall be determined by the Director in his discretion and his decision shall be final. It is understood and agreed by the Parties that the cost for which the Owner is responsible under this paragraph 5.17(1) shall include 01-M � 1 (2) In the event that any construction liens are filed under the Construction Lien Act, such filings) shall constitute a default in performance by the Owner of this Agreement. In any such case, the Director may notify the Owner in writing of such default. If the Owner fails to discharge the lien claimant within ten (10) business days, excluding Saturdays, after the giving of such notice, or within such further period of time as may be specified in the notice, then the Town may pay the full amount of the claim and costs into a Court of competent jurisdiction. The Town is hereby authorized by the Owner to draw on and appropriate the whole or any portion(s) of the Performance Guarantee to indemnify the Town against the costs and expense so incurred by the Town. In the event that the Town draws on and appropriates any portion of the Performance Guarantee to satisfy the claim of any one (1) or more construction lien claimants and costs, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this 5.15 Entry for Emergency itepairs 5.19 Aamage to Existing Services Forthwith after written demand therefor is given by the Director to the Owner, the Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any property r r services of the Town, the Region, or any utility authority or company or 0--M, (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 . _ ., 1: TAUa- MI (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 shhe "Hydrogeologist")who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The draft Monitoring Program shall be submitted to the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the timing, form and addressees of the report of the Hydrogeologist's analyses and findings to the Town, as well as such other matters as the Director considers to be appropriate. After the draft Monitoring Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the "Monitoring Program" for the purposes of this Agreement.. (2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the Hydrogeologist to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. -For the duration of the Monitoring Program, the Owner also shall cause the Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to the Director, at no cost to the Town, a copy of all data collected and all analyses and reports made by the Hydrogeologist in connection with or in implementation 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, inown 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 (a) where the interference to a well-or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of the completion of dewatering), in the opinion of the Town Council, the Owner shall make available to the affected party(s), a temporary supply of water at no cost to the affected party(s); or (b) where in the opinion of the Town Council the interference to a well or private water supply is of a long term duration, , at the option of the Owner and at its cost, the Owner shall connect the affected party's property to the Town water supply system or provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(s) prior to the interference, as may be required by the Town Council by written notice given to the Owner. (4) If the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as the Town Council, after considering a report thereon from the Director, decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs his obligation under paragraph 520(3), as the case may be. IIIIIIIIIIIIIIIIIII fir"Miter Town and other person(s) authorized by the Town may enter upon the portion(s) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) in addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's cost; shall maintain each road(s), which is required to be constructed and provides access to such building(s),until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement,provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain, to the satisfaction of the Director. (2) The Town agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of Acceptance of such road(s) has been issued, provided that until the road(s) are assumed by the Town, the Owner shall pay to the Town one hundred (100%) percent of the costs of snowploughing and sanding such road(s), as determined by the Director, from time to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repairs or maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the approval or assumption by the Town of the road(s) in question. The road(s) shall not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Town Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office. 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 (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 hen claims for payment by contractors, subcontractors, suppliers of services or materials or workmen relating to the construction and installation of such Works. 5.2A Requirements for Certificate of Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written certificate that they have been accepted by the Town ("the Certificate of Acceptance)". In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Acceptance shall not be issued until all of the Works that are proposed to be covered by such Certificate of Acceptance have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the relevant period set out in paragraph 3.10(3) of this Agreement, all deficiencies and defects in the Works have been corrected by the Owner, "KINTIMILTITUT—IMM M-I I:T-Igl�',,FP-Pl�liell,�,!,L"��lli�,��� 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 RRe uirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner with a written release (the "Certificate of Release") respecting the bands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Town with written confirmation that at a date not earlier than the end of the longest of the maintenance periods set out in paragraph 3.10(3) for any of the Works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of Subdivision of the Lands and has found, placed or replaced all survey monuments at all block comers, the end of all curves, other than comer roundings, and all points of change in direction or road(s) on such Plan; and (c) Town Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the Owner in respect of the Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner's obligation respecting drainage as provided in this Agreement; and (2)the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 5.27 External andor Oversized Services provisions of this paragraph 5.27, the Owner's financial responsibility in respect thereof under the current Town policy is described in Schedule 'P" hereto. Upon completion of the External and/or Oversized Services the "as-constructed cost" thereof shall be determined by the Director. When written notice of the Director's determination of the."as-constructed cost" is given to the Owner, reference to the cost of the External and/or Oversized Services in this paragraph 5.27 and Schedule "T and to the Owner's financial responsibility in respect of them under the current policy, shall be deemed to be a reference to the "as constructed cost" thereof. (2) Nothing in this Agreement is intended by the Parties to be taken as fettering in any way the Town Council in the exercise of its legislative discretion with regard to the enactment of a Development Charge By-law pursuant to the Development Charges Act, 1959 (the "Act"). (3) The Owner, at its cost, will construct and install the Bradshaw Street Urban Upgrading Work in accordance with this Agreement. If. (i) the Town passes a Development Charge By-law under the Act which is applicable to the Lands; (ii) the Development Charge By-law comes into force; and (iii) the Town Council is not required by the Ontario Municipal Board to repeal the Development Charge By-law. as soon as is reasonably practicable and legally possible after the By-law comes into effect and any objection thereto has been resolved favourably to the By-law by the Ontario Municipal Board, the Town and the Owner intend to enter into a "Front- Ending Agreement" (as defined in the Act) pursuant to the Act with a term not to exceed ten (10) years from the later to occur of the date of the issuance of a Certificate of Completion of the Bradshaw Street Urban Upgrading Work and the date of enactment of a Development Charge By-law by the Town, with each other and with any persons who may wish to be a Party to such Agreement who own land within the Bradshaw Street Urban Upgrading Work "Benefiting Area" (as defined in the Act) as may be described in such Agreement. While recognizing that changes may be made by the Ontario Municipal Board pursuant to the Act, the Owner and the Town hereby record their present intention that the Benefiting Area respecting the Bradshaw Street Urban Upgrading Work will be the area specified in Schedule "P" and that each Owner of land within such Benefiting Area shall be responsible to pay the portion of the cost of the Bradshaw Street Urban Upgrading.Work which is specified in Schedule"P". The Development Charge By-Iaw and the Front-Ending Agreement are intended to contain such other provisions satisfactory to the Town that tae Town considers to be necessary and desirable to implement the requirements and provisions of the Act. Forthwith after the Bradshaw Street Urban Upgrading Work Front-Ending Agreement is made, the Town shall process it with reasonable expedition in accordance with Section 22 of the Act to the end that the Front-Ending Agreement is brought into effect at the earliest possible date so that it may be enforced by and against the Parties to it and other Owners of lands within the Bradshaw Street Urban Upgrading Work Benefiting Area in accordance with the provisions of the Act. Money received by the Town pursuant to the Bradshaw Street Urban Upgrading Work Front-Ending Agreement that is permitted to be reimbursed to the Owner, shall be paid to the Owner in accordance with the applicable provisions of the Act. The Owner hereby directs the Town to make such payment(s) to it. The Parties also agree that nothing contained in this Agreement shall require any credit to be given to the Owner for the cost of constructing and installing the Bradshaw Street Urban Upgrading Work in respect of a development charge imposed by a Development Charge By-law passed by the Town Council whether or not the development charge includes, as a component, the whole or any part of the cost of the Bradshaw Street Urban Upgrading Work. The Owner hereby consents to the registration of the Front-Ending Agreement referred to in this paragraph 5.27(3) against the title to the Lands or such portion thereof as may be determined by the Town in its discretion. (4) The Owner, at its cost, will construct and install the Storm Sewer Oversizing Work (Plan 18T-89013) in accordance with this Agreement. If. (i) the Town passes a Development Charge By-law under the Act which is applicable to the Lands; (ii) the Development Charge By-law comes into force; and (iii) the Town Council is not required by the Ontario Municipal Board to repeal the Development Charge By-law. as soon as is reasonably practicable and legally possible after the By-law comes into effect and any objection thereto has been resolved favourably to the By-law by the Ontario Municipal Board, the Town and the Owner intend to enter into a "Front- Ending Agreement" (as defined in the Act) pursuant to the Act with a term not to exceed ten (10) years from the later to occur of the date of the issuance of a Certificate of Completion of the Storm Sewer Oversizing Work (Plan 18T-89013) and the date of enactment of a Development Charge By-law by the Town,with each other and with any persons who may wish to be a Party to such Agreement who own land within the Storm Sewer Oversizing Work (Plan 18T-89013) "Benefiting Area" (as defined in the Act) as may be described in such Agreement. While recognizing that changes may be made by the Ontario Municipal Board pursuant to the Act, the Owner and the Town hereby record their present intention that the Benefiting Area respecting the Storm Sewer Oversizing Work (18T-89013) will be the area specified in Schedule "P" and that each Owner of land within such Benefiting Area shall be responsible to pay the portion of the cost of the Storm Sewer Oversizing Work(Plan 18T-89013)which is specified in Schedule"P". The Development Charge By-law and the Front-Ending Agreement are intended -to contain such other provisions satisfactory to the Town that the Town considers to be necessary and desirable to implement the requirements and provisions of the Act. Forthwith after the Storm Sewer Oversizing Work (Plan 18T-89013) Front-Ending Agreement is made, the Town shall process it with reasonable expedition in accordance with Section 22 of the Act to the end that the Front-Ending Agreement is brought into effect at the earliest possible date so that it may be enforced by and against the Parties to it and other Owners of lands within the Storm Sewer Oversizing Work (Plan 18T-89013) Benefiting Area in accordance with the provisions of the Act. Money received by the Town pursuant to the Storm Sewer Oversizing Work (Plan 18T-89013) Front- Ending Agreement that is permitted to be reimbursed to the Owner, shall be paid to the Owner in accordance with the applicable provisions of,the Act. The Owner hereby directs the Town to make such payment(s) to it. The Parties also agree that nothing contained in this Agreement shall require any credit to be given to the Owner for the cost of constructing and installing the Storm Sewer Oversizing Work (Plan 18T-89013) in respect of a development charge imposed by a Development Charge By-law passed by the Town Council whether or not the development charge includes, as a component, the whole or any part of the cost of the Storm Sewer Oversizing Work (Plan 18T-89013). The Owner hereby consents to the registration of the Front-Ending Agreement referred to in this paragraph 527(3) against the title to the Lands or such portion thereof as may be determined by the Town in its e (5) The Owner and the Town acknowledge that in accordance with the Town's previous policy, but for the enactment of the Act, the Town would have covenanted in this Agreement to endeavour to collect the Bradshaw Street Urban Upgrading Work and the "Property Frontage Charges" for the Storm Sewer Oversizing Work (Plan 18T-89013) set out in Schedule "P" from owners of"Designated Areas" in respect of such Works (also set out in Schedule "P") with the exception of the Owner, as the development of the relevant Designated Areas takes place, and after the collection Development Charge By-law pursuant to the Act and November 23, 1991, the Town will endeavour to collect the aforesaid Property Frontage Charges from the owners of the relevant Designated Areas, and after collection thereof to pay the same to the Owner. (6) Notwithstanding any other provision of this Agreement, the Parties hereto understand and agree that nothing contained in paragraph 5.27 shall constitute a covenant by the Town to pass or not to pass a Development Charge By-law or a By- law to authorize the making of either or both the Front-Ending Agreement referred to in paragraphs 5.27(3) and 5.27(4), or to make either or both such Agreements, or to reimburse or to take any steps to reimburse the Owner for any part of the cost of the External and/or Oversized Services. If a By-law to authorize the making of either or both such Front-Ending Agreements is not passed by the Town Council, or if either or both such Agreements is not made, or if made is changed by the Ontario Municipal Board, or if the obligations of the Parties to either or both such Front-Ending Agreements if made, is changed by the Ontario Municipal Board, or if the obligations of any Owner(s) of land within either or both the intended relevant Benefiting Areas referred to in paragraphs 5.27(3) and 5.27(4), as is relevant to the particular case, is changed by the Ontario Municipal Board, the Owner agrees that the Town is not required and the Owner will not require the Town to make any payment to the Owner or to reimburse the Owner in any manner, and from any source that may be available to the Town, in respect of the whole or any part of the cost of providing either or both the External and/or Oversized Services. Further, the Owner agrees with the Town that the Owner will not take any step to seek an exemption from the Town's Development Charge By-law if passed, or to seek or claim a reduction of or a credit in respect of the amount of the development charge imposed by the By-law which in any way is based on the expenditures made or to be made by the Owner in respect of the External and/or Oversized Services referred to in this Agreement. Without limiting the generality of the foregoing, the Owner further agrees with the Town that if the Town passes a Development Charge By- law applicable to 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, 5.28 Financial Contributions for Certain External Works (1) With respect to the. "Mearns Avenue Urban Upgrading Work" (as defined in Schedule "P-1"), on the execution of this Agreement the Owner shall pay to the Town the sum of one hundred and four thousand, two hundred and thirty-two dollars and fifty-five cents ($104,232.55). 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. (2) With respect to the"Soper Creek West Branch Drainage Outfall System" (as defined in Schedule "P-1"), on the execution of this Agreement, the Owner shall pay to the Town the sum of one hundred and sixty-three thousand, eight hundred and sixty ($163,860.00) 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 By-law which the Town Council may pass pursuant to the Act, or in any other manner, or for any other reason. (3) With respect to the "Storm Sewer Oversizing Work (Plan 18T-88024)" (as defined in Schedule "P-1"), on the execution of this Agreement, the Owner shall pay to the Town the sum of one hundred and forty-five thousand, three hundred ($145,300.00) 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 By-law which the Town Council may pass pursuant to the Act, or in any other manner, or for any other reason. area(a) of the 'Town or the whole Town. 5.29 Cost of Works Referred to in Schedule "G" The Owner acknowledges and agrees that it will pay the total cost of the Works referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of any part of the total cost of the Works by reason of any of them being oversized to accommodate drainage or traffic from lands outside the limits of the bands, whether from or in respect of a development charge imposed by a Development Charge By-law which Town Council may pass pursuant to the Development Charges Act, 1989, or in any other manner, or for any other reason. Mike 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. 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 �M (c) it shall be responsible for the maintenance of fencing required by Schedule "G" and paragraph 4.12(6) of this Agreement. ARTICLE OF ESSENCE I Time is of the essence of this Agreement. Page 58 The Owner acknowledges and agrees that the Town has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner as aforesaid. IN WITNESS VVMREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf r t In the presence of: We have the authority to bind the Bank. 621182 ONTARIO i D Name: SHAROKH Title: PRESIDENT NOURMANSOURI Name: FARIVARZ VARZ Title: ECRETARY/TREASURER C�� ROYAL BANK OF CANADA / Name: R.W. LAWRENCE Title: SR. ACCT. MGR. Na e: VM (/��tl_e: SR. ACCT. MGR. R.W. MIKLO"' 447 I I-�- -i L,� --CHARLES-DAVID-G-REEN- NAL US' T CONTANY P. LIAM CRAGG MORTGAGL&L�,�R Name: Title: Name: Title: S. SACHEDINA ADMINISTRATION MANAGER 2131 LAWRENCE AVENUE F, WOYXWI 1 :1 a All of Lots 13, 14, 15, 16, 17, 19 and 21, Part of Lots 11, 12, 15, 20 and 22, Block E, part of Porter Street, all of Lots 62, 64, 66, 65, 70 to 90 inclusive, Block C, part of Winnstanley Street, Porter and Bradshaw Plan being part of Lot 9, Concession 2 and Part of Lot 9, Concession 2 Geographic Township of Darlington, Town of Newcastle, Regional Municipality of Durham, Town of Newcastle, Regional Municipality of Durham designated as Parts 1, 2, 3 and 4 on Plan 1OR-4019. C � PLAN ®F SUBDIVISID�t (Insert reduction of flan 1$T-89013) PLAN toM- atr•.tat AVPROVa:D DRAFT MAN T r•u.woetrtrnr .,r> u.l--...91 �urnsueovmamurw� m K erna.i n oLeN OF SUBOIVISlON OF r•tu' ALL OF LOTS 13, 14,15,ro R 19 AND 21 T l�•�/�^_ nr*aco a is �•..e.,,L....T M L40 nnU orvRO,pR.ri•1itLV_Ra PART OF LOTS II,12 18 26 4Z 22. E&M E, o ounaaMmo--_—_- PART OF PORTER SYt HT, we r t Rr®Y M!Y r. a •..aL ALL OF LOTS 62,64,66,68.70.71,72,T3,74 75,76.77,78.79. 80 81,82 83,84,85,86,87,88,89.!R;, BLOC12 C, RM eoo.an PMT OF �IWNSTANLEY STREET, PORTER AND BRADSHAW PLAN IBEINO PART OF LOT 9, CONCESSION 2) AND PART OF LOT 9, CONCESSION 2 TOWN OF NEWCASTLE 11— , .....I........LLV REGIONAL MUNICIPALITY OF DURHAM 3[eLE , >30 I �� I r 2 - /" } ? I - s �J1L4S35s11.• I .. I r ' IRELAND •��«' STREET 114►-G!.JF.;;ci�� - / . I. • 3 I it 3 h I 1 3 MS 15 N 33 .. �` � A is �e If 16 t■<7 / s i- it 6 ? I2 ; II x q is f z I i':••': ,• .o • , v .fi3 —_I v I ; SS36'`133T i33o} �t��} 1 Y3 421: tS} 44 r. i` L '•-t' �y 34 A h : s,<1 Y 31�a 32•A i CK17 �N �, _—— I •:y • �. SR:<,F L'I Y.°-l='w` ....»...-..•. ter•, , BLOSSOM I BOU.EV � 3 C r, t I ..-T. Yt.AX I•:'a-3z. - • - _ 0 a f7 ;f6 t fa I sc i t "'�.Pi �.'O1' 13 Xl• ,� r .> .r t6 '=5.^n5r:c��� J rJ I :D;• Ss. 'z 46 a; h 52..9LOClS� .,I=i q•1�00y 1_ .• .f-.0 �i•T-,1�ry�e _a• a 6,�I<is m^3•i t 1 i tjl � -)iry 113 = Sy 49 - I 31 .3 4 A ' •I I {-fi-SET-- ctaxv[ oar. •• r{ST � , I ^,j'ls�:��g iy�--1 t:or wtu a"c woo .E•. , 103 r. , 74 b'�,• 11S �t ?9 t t 83 i0 l{{ I It r 73 i II ,.f: ` •=Le:::ov-;z:!. .i.,,r - >.I ,r ,t• a(r8:/ x SS •' 7 _ It 64 T7 ez f4 r:l • '•�: I « j -_._F---— I 79 :� Z- —72:rT Ns i.tS I 70— -� i�.•� i�i I V � F:, ♦��—..� 'ilY.al' , m,®t,�I �- ';{ , � :� rrr<.;•I• s7�T ERCr" ea wttu I apt 10 I ....... I I.EQ&SeD t WNM'f CEITTFXATE 6VRvmRii cEuvrATE • arena« 6N3RML NACRUII 60RAARAR o..«,. ORTAM gI0vL6Ri[D o s.:.:;.. 18T- 89013 I I ) (Insert reduction of the 40M Plan) METRIC PLAN OF SUBDIVISION OF _ -�-- ALL OF LOTS 13, K. 15, 166, R , r7, 19 AM 21, ��[ a PART OF LOTS II, 12, 18 20 AND 22. BLOCK E, NOTE PART OF PORTER STREET, ` �q -• ALL OF LOTS 62,64,66,68,70,71,72,73,74,75,76,77,78,79, if _I ,,» ---��- •» 80,81,82,83,64,85,86,87,88,89,90, BLOCK C, PART OF WWNSTANLEY STREET, PORTER AND BRADSHAW PLAN �• LEGEND (BEING PART OF LOT 9, CONCESSION 2) ..-o AND P ART OF LOT 9, CONCESSION 2 _ TOWN OF NEWCASTLE I •mra•�a.Yi - •.•r.•[n.3.a IFORYERLT TOWN OF 00--ILLCI -� REGIONAL MUNICIPALITY OF DURHAM _ »~'O•' "'�•it SCALE I.TSO `� ,J..,.i. M 3MItL(M,.neYM Yanplvl e(u �[Rre srw. a••�[fe I.`r�tlaN 1991 I .. .. r_:r:fi•A-eea . OT RADIUS ARC CMO WANING r' F- F. IN PART k -a X. jz gs 70 it �' .. t1 � E• y _ ?i 'TI vLGr::UP-i2::•: i°' I`/jjra��:3N:•.I.rLAR r.Rac7.1 I L[ I;t-;333 r: x 84 L• I' 1 =1� I [:»' ¢ ��-�i�' b8 i ST .�a ;- �- k I 56 $ .' ..-.rte =Y-N.',� •°' , LL { IN M. I H 1. �yID] BLOSSOM I f_N 1- •> L BOULEVARD i . aaAr RT I \ BLOCX I• =r ca Rufus 9T 96 L 95 - 13 ?_ ...a• i4 9 77 a --99--t'_ •Ca f1100 _ a 101 -• BLOCK 113 ¢ A, •n•[1•�[ 5.: OT RADIUS ARC CMO WANING r' F- t - IN PART k -a X. jz gs 70 it �' sa 'TI vLGr::UP-i2::•: i°' I`/jjra��:3N:•.I.rLAR r.Rac7.1 I L[ I;t-;333 r: x 84 L• I' 1 =1� I [:»' ¢ ��-�i�' b8 i ST .�a ;- �- k I 56 $ .' ..-.rte =Y-N.',� •°' , LL { IN M. 1. f_N a; � B HE _ i . lice I \ BLOCX I• =r ca Rufus anc c.a,D ai AR1Nc 1-4 C -.( PLAN 40M - tg$ CATS of$¢a$TItAT10O I CCRT-T T-3 66TL+CD ES LNO R6FTRT vlfO[+M TK L.ra rrT lES arm,d-o3.i=ti jLNr ivl_ RM MO Ufil®M M w`IGMX NOR N11CCL sECTV1 A,O Nca.,Eo [OanC Co A.o RF•CINR[Alt RFf6TUam A3 Y k7 8 6 f T � 8-; t IRELAND W • 19 c. 60 91 9D YS.s� Y 31 ` 32 .56 I•» 54� 88-1-74 =R'r= 87 / FAA- I PLa+a::ri-�t:F. STREET 1 •% BLOCK y-.+F: I ii S i ie Y, r Y 7Y ya 104 i f '�s IS } � ti IT 1is F t --- 2. Zt 4bc kY..,.$•....$ `` __•- -_ $+• - N 34j36*s3Tt=38 39� 40'$4 : 42' 43 44 • I _ 'tt 1,•�� � � - [.a[.tL �GAT<. FLGU IC•A-49:P 'n --• ._.� Y - BLOSSOM BOULEV z \1 BLQCK 107 Ofi wj � 'o�n DCK S KJS � I J LJ :•° L sO SI "_• Sz fi M :Jrj IX /L 49 $ n•rai •'�.. 1 � L � OF 73 m.A -I DRIVE _1 103 i• 4- 74• ( r ........ s.[n•.w.r n�..•r.,• Hsi r' F- t - ra PART k -a X. jz gs 70 it �' sa 'TI vLGr::UP-i2::•: i°' I`/jjra��:3N:•.I.rLAR r.Rac7.1 I L[ I;t-;333 r: x 84 L• I' 1 =1� I [:»' ¢ ��-�i�' b8 i ST .�a ;- �- k I 56 $ .' ..-.rte =Y-N.',� •°' , LL 03 a; � B = ^82 -^I I \ BLOCX I• =r »1151 13 ?_ ...a• i4 ¢ A, •n•[1•�[ 5.: 50045 -� IIIST 1.3333 IN, ` 14,..,1„ .roM aF AJ_,., +a1-13,.[•......1 ,N vITNC33..cncd [..........I.. .t ........ su,rlNwst[+Cxxl' UTREZT EA-- OWNERS CERTIFICATE SURVEYORS CERTIFICATE OWNER- 621182 ONTARIO LIMITED •-- I- _ -- ' x3•mw3�oo mrE r.rARrvux-ea=s1oaT Al tACRUt YO tAANIp o.... OIfT=$I OyLmTTEC .N.rE rNx Aurwnm ro u,.o rRE eL}:+ 3 r.a: Y,R•31i�. "^ I CL�.iD T T'L}+il•:3,U[^two_ BLOCI (:1 r ........ s.[n•.w.r n�..•r.,• Hsi 14,..,1„ .roM aF AJ_,., +a1-13,.[•......1 ,N vITNC33..cncd [..........I.. .t ........ su,rlNwst[+Cxxl' UTREZT EA-- OWNERS CERTIFICATE SURVEYORS CERTIFICATE OWNER- 621182 ONTARIO LIMITED •-- I- _ -- ' x3•mw3�oo mrE r.rARrvux-ea=s1oaT Al tACRUt YO tAANIp o.... OIfT=$I OyLmTTEC .N.rE rNx Aurwnm ro u,.o rRE c -l" HEDULE "Cw k-i'map 1 T IS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of July, 1989. 1 .. 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 ($2,974.0 dollars by the number of single family dwellings and semi-detached dwellings and by multiplying two thousand, seven hundred and thirty ($2,730.0 dollars by the number of townhouse dwellings which the Owner proposes to construct on the Lands. The Owner shall make the following payments on account of Development Levies to the Town in respect of the development of the Lands consisting of eighty-two (82) single family dwellings; forty-two (42) semi-detached dwellings; and zero (0) townhouse dwellings on the occasions set out below. The aggregate amount so payable is three hundred and sixty-eight thousand, seven hundred and seventy-six ($368,776.0 dollars. (a) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety- two thousand, one hundred and ninety-four ($92,194.00) dollars on the execution of this Agreement. (b) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety- two thousand, one hundred and ninety-four ($92,194.00) dollars on the issuance of the building permit for the first (1st) dwelling proposed to be constructed on the Lands. (c) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety- two thousand, one hundred and ninety-four ($92,194.00) dollars on the earlier to occur of the first (1st) anniversary of the issuance of the building permit for the first (1st) dwelling proposed to be constructed on the Lands and the date of issuance of the building permit for the sixty-fourth (64th) dwelling proposed to be constructed on the Lands. (d) The remainder of the aforesaid aggregate amount being ninety-two thousand, one hundred and ninety-four ($92,194.0 dollars on the earlier to occur of - the expiry of twenty-four (24) months following the date of issuance of the building permit for the first (1st) dwelling proposed to be constructed on the Lands and the date of issuance of the building permit for the ninety-sixth (96th) dwelling proposed to be constructed on the Lands. Subject to the provisions of the Development Charges Act, 1989: (a) The Town shall review its schedule of Development Levies annually and may adjust the amount of the Development Levies herein in accordance therewith. (b) The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted Development Levies shall be applicable to all lot(s) or block(s) within the Plan for which Development Levies remain due. References in this Schedule "D" and in any other provision of this Agreement to "Development Levies" are to be construed to be references to the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 of this Agreement and this Schedule "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. L% IS SCHEDULE IS SCHEDULE W to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. (1) Dedication of Lands The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in fee simple absolute the following land shown on the 40M Plan: (a) Blocks 106, 107, 108, 109, 110, 115, 116 and 117 - 0.3 m Reserve (b) Blocks 111, 112, 113 and 114 - Road Widening (c) Block 104 - Turning Circle (2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes On the execution of this Agreement, the Owner shall pay to the Town, 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 two million four hundred and thirty-three thousand ($2,433,000.00) dollars being one hundred and twenty-one thousand six hundred and fifty ($121,650.00) dollars. SCHEDULE "G" IS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. 1 �I I # . 114 O The Owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfalls, any other appurtenances and oversizing as may be required in accordance with the Town's Design Criteria and Standard Drawings, (the "Storm Sewer System"). The Owner agrees to produce Engineering Drawings for the Storm Sewer System, to the satisfaction of the Director. The Owner agrees to obtain any easements required by the Director which are external to the said Lands, at no expense to the Town for the disposal of storm water from the said Lands and transfer the same to the Town in accordance with paragraphs 2.4 and 2.7 of this Agreement. MMMMM�-- The Owner shall construct and install the following services including oversized services on the various streets, shown on the Plan as follows: (a) Pavement widths to be applied to the streets shown on the approved Engineering Drawings. (b) The grading and paving of all streets, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be in accordance with the Town's Design Criteria and Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets shown on the approved Engineering Drawings in accordance with the Town's Design Criteria and Standard Drawings. (d) The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, on the locations shown on the approved Engineering Drawings. (e) The Owner shall grade and pave all driveways between the curbs and —° sidewalks' in accordance with the Town's Design Criteria and Standard Drawings. If sidewalks are not shown adjacent to any of the driveway(s) in question, the Owner shall grade and gravel such driveway(s) between the curbs and the lots lines in accordance with the Town's Standard Drawings and -- Design Criteria. (f) The Owner shall construct, install, energize and maintain street lighting, in accordance with the Town's specifications on all streets and walkways provided for in this Agreement, to the satisfaction of the Director. (g) The Owner shall install the topsoil and sod of the boulevards between the curbs and the property line on all allowances for road(s) shown on the final Plan of Subdivision of the Lands in accordance with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Director. (h) The Owner shall supply, install and maintain traffic signs and permanent street-name signs,in accordance with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Director. Not Applicable. Q-WATII' � In addition to the work required by Schedule "Q", the Owner shall construct, install and maintain certain conservation works on land within this registered final Plan of Subdivision of the Lands including retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatus, shown on and in accordance with the approved Engineering Drawings or the Reapproved Engineering Drawings, as the case may be. The Owner shall transfer to the Town Block 104 for the turning circle required by the conditions of approval of the draft Plan of Subdivision 18T-89013 in accordance with the Town's Standard Drawings, and shall construct and maintain - such turning circle in accordance with the Town's Design Criteria and Standard r Drawings, to the satisfaction of the Director of Public Works. As soon as is reasonably practicable after the Director gives the Owner written notice that the Town no longer requires Block 104 for the turning circle (Ireland Street), without fettering the discretion of Council if the necessary by-laws, if any, are passed by the Council and come into effect in accordance with the Municipal Act, Block 104 shall be transferred by the Town for a nominal consideration to the Owner or to its assign(s). 5100071.1 1 The Owner shall rough-grade all Lot(s) or Block(s) on the 40M Plan in accordance with the Grading and Drainage Plan, to the satisfaction of the Director. (a) The Owner shall complete and install all landscaping requirements in accordance to the approved Landscaping Plan. (b) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist (and guarantee for one (1) year from the date of planting) the tree and shrub planting requirements in accordance with the approved Landscaping Plan. AD111101 33 VA RUJU,141'14 UXIMI, This Work (the "Storm Sewer Oversizing Work (Plan 18T-89013") means the construction of oversized storm sewers within Plan 18T-89013 and on Mearns Avenue. More specifically, this work includes excavation, grading, installation of the storm sewers, oversizing, manholes and appurtances as shown on Marshall Macklin Monaghan Ltd. Project 8824, Drawing No. 8, 9, 10 and 11 dated August, 1989 and as finally approved by and on file with the Director. The Owner shall design, construct, supervise and maintain the Storm Sewer Oversizing Work (Plan 18T- The Owner agrees to obtain at the Owner's expense and on the date of execution of this Agreement to transfer to the Town any lands or easements - considered necessary by the Director to accommodate the construction and/or maintenance of the Mearns Avenue Storm Sewer Work. Paragraphs 2.4, 2.5 and 2.7 of this Agreement apply in respect of such transfers with all necessary changes to them being considered to have been made to give effect to the intent of this provision. The Owner shall reconstruct Bradshaw Street from Apple Blossom Blvd. southerly to the north limit of the portion of the lands within draft Plan of Subdivision 18'1'-88024 which abut Bradshaw Street in accordance with Marshall Macklin Monaghan L.imited's Project No. 10-88635, Drawing No. 18, dated October 2, 1991, as finally approved by and on file with the Director (the 'Bradshaw Street Urban Upgrading Work"). This Work includes the following: (i) excavation; (ii) grading and drainage; (iii) installation of granular "A" and "B"' (iv) asphalt paving; (v) street lighting; (vi) paving of driveways approaches; (vii) sodding of boulevards; (viii) curb and gutters; (ix) sidewalks; (x) storm sewer system, all appurtenances and oversizing; and (xi) turning circle. This Work shall be undertaken and completed in accordance with the't'own's Design Criteria and Standard Drawings and the Engineering Drawings to the Director's satisfaction. THIS SCHEDULE IS SCHEDULE "G-1"to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. i SCHEDULE "H" IS SCHEDULE IS SCHEDULE "H" to the agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. r 1. ELECMCAL 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 famish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any authorization to Commence Works. � T 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. 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 TELEVISIO 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. L 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" IS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. 1. 0 91 [11.11 V11 6 9MMOM r DESIGN WORKS AND PRIVATE WORKS In addition to the other requirements of this Agreement, the Owner's Engineer shall prepare drafts of the following for the consideration and approval of the Director: (a) the Engineering Drawings; (b) the Grading and Drainage Plan; (c) the Landscaping Plan; (d) the Schedule of Work; (e) the Staging Plan; (f) the Works Cost 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. 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. 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 (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; (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. 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. 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. The Owner's Engineer shall prepare as-constructed drawings required by the Director and submit the same to the Director for his approval. — SCHEDULE "J" THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. 1. •1: • ►i— 11: ,STAGE 1 _ 1 Storm Sewers $ 381,698.43 2 Roads - Year 1 $ 249,594.62 3 Roads - Year 2 $ 277,954.97 4 Street Trees $ 39,472.30 5 Streetlighting $ 38,520.00 -- 6 Siltation Control $ 79864.50 7 Fencing $ 11,235.00 8 Grading (R.®W. & Future Lots) $ 55,212.00 Sub-total $ 1,061,551.82 5% Contingencies $ 53,077.59 Sub-total $ 1,114,629.41 100/v Engineering $ 111462.94 Total Estimated Cost: 1,226,092.35 Total mount of Performance Guarantee: S 1,226,092.35 The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Works Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimates. �i SCHEDULE LrL` "K7 IS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of July, 1989. 1: _ ► TYPES 1. Qf D The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Town's Treasurer and licensed in Ontario to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damage or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; (c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may results from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Town or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. 4 •, a , , '� • , Policy or policies of insurance shall be issued jointly in the names of the Owner and the 'Town and shall provide the following minimum coverages for five million (55,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Town shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 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. 'HIS SCHEDULE IS SCHEDULE W to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. t IFN The Owner shall,prior to commencing any blasting, obtain from the Director permission to carry out the blasting operation. 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. t i l►�1' ► � � �.��1. .if.� 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. 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. 1 1 9 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. During this Agreement the Owner at all times shall ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, are maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain at all times, all such roads free of dust and mud originating from the said Lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner shall not use or occupy any untravelled portion of any public road allowance without the prior written approval of the Town or authority having jurisdiction over such public road allowance. JMWETRaMel Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall remove any contamination of the granular base course and repair and replace such base course, where necessary,to the approval of the Director,in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads on the Lands are assumed by the Town, the Owner shall maintain all internal roads in a condition acceptable to the Director, and shall ensure that such roads are free of dust and mud at all times to the satisfaction of the Director. 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. SCHEDULE "M" THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the 'Town of Newcastle, enacted and passed on the 24th day of July, 1989. - USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table: _ LOT OR BLOCK NUMBER PERMITTED LAND USE ON 40M PLAN Lots 1 to 103, inclusive Residential Block 105 Block 105 shall be developed in conjunction with the development of adjacent lands and until developed shall be maintained by the Owner in a reasonable condition. Blocks 106, 107, 108, 109, 110 115, 116 and 117 Blocks 111, 112, 113 and 114 0.3 m Reserves Street Wide nings HEDULE "N" IS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the 'Town of Newcastle, enacted and passed on the 24th day of July, 1989. 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. T OR BLOCK NUMBER LAND USE ON 40M PLAN Block 105 See Schedule "M" cy Ci SCHEDULE "P" THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. EXTERNAL AND/OR OVERSIZED SERVICES 1. STORM SEWER OVERSIZING WORK (PLAN 181-89013) Preliminary Total Estimated Cost: $191,512.58 Owner's Share: $141,871.70 2. BRADSHAW STREET URBAN UPGRADING WORK Preliminary Total Estimated Cost: $148,761.00 Owner's Share: $ 31,842.93 Town's Share: $ 54,098.65 SUMMARY OF ALLOCATION OF PRELIMINARY ESTIMATED COSTS OF BRADSHAW STREE I URL AN Ur"GW-.D,ING WORD r Designated Area Owner of Designated Area Retained Cost Share A Mary Van Londen - - B Appleton 18.00 $ 7,724.70 C Marrigje Van 25.47 $10,930.45 Londen -- D Town of Newcastle - - F Chatham 20.12 $ 8,634.50 G Green 22.23 $ 9,540.00 - H Brazeau 20.12 $ 8,634.50 I Mathieu 20.12 $ 8,634.50 Share of Preliminary Total Estimated Severable Costs 51.73 4.46 60.00 12.19 18.00 $22,199.99 $ 1,914.01 $25,749.00 $ 5,231.33 $ 7,724.70 TOTALS 126.06 $54,098.65 146.38 $62,819.03 E Liza 74.20 $31,842.93 - - Y BRADSHAW STREET URBAN UPGRADING FORK Designated Owner of Designated Cost of Sharing Bradshaw St. Area Area Reference Frontage (m) A Mary Van Londen Mary Van 51.73 Gerrit Van Londen Londen 20 Bradshaw St. Bowmanville, Ontario L1C 2H3 B Robert G. Appleton Appleton 22.46 Maureen J. Appleton 26 Bradshaw St. Bowmanville, Ontario L1C 2113 C Marrigje Van Londen Marrigje Van 85.47 Gerrit Van Londen Londen 20 Bradshaw St. Bowmanville, Ontario L1C 2H3 D Town of Newcastle Town 12.19 40 'Temperance St. Bowmanville, Ontario L1C 3A6 E 621182 Ontario Ltd. Liza 74.20 c/o Liza Development 30 Wertheim Court Unit 9 Richmond Hill, Ontario LAB 1B9 F Leslie D. Chatham Chatham 20.12 .Patricia A. Chatham 27 Bradshaw St. Bowmanville, Ontario L1C 2113 G Charles D. Green Green 40.23 25 Bradshaw St. Bowmanville, Ontario L1C 2H3 H David H. Brazeau Brazeau 20.12 Anna Marie Brazeau 19 Bradshaw St. Bowmanville, Ontario L1C 2H3 I Danny Mathieu Mathieu 20.12 Frances Mathieu 17 Bradshaw St. Bowmanville, Ontario LIC 2113 �Mmm *607 e i o� n� 58 59 o n 0 a 60 W �• LJ �-- 4•L- O 62 �I l' 63 A Ib 2 L� R BRADSHAW STREET URBAN UPGRADING WORK COST SHARING DESIGNATED AREAS Date: November 19, 1991 24 x� 0 23 7.221 IZ 01 97 iw 4� whit- 7C•Ecn j�it01.1 T C,7L•1 Vf,r . � �_- BOULEVARD 6,i T.67_ Mr 6r.1 C7: 2 ate arsr � tt^st as.s® b ,�re-�..•r"� _ ^I •j rv.�S'JO 57 56 I 55 0 Q cl c f IMLAQ _ � 90 6> too lo; UJ _.102_ ._,f. u- -" •- ,;n ' F. 67 cl) Irp 71" A � Y'�':: gip" E i I v ""t• N Y p R I 'L ,r ._1'.12` I p nr1::� 0 85 32 ,_ rt ,rl 15 7.1.64 orl - I _ : `r �.•I TOE I - 34 67 - - & 62 65 r.•d' iV C i 63 4 BO 26 a h. R ' Y Fn,D CLOSE 61 62 �l C SCHEDULE "P-1" IS SCHEDULE IS SCHEDULE "P-1" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of July, 1989. The "Soper Creek West Branch Drainage Outfall System" means the stormwater management works for the West Branch of Soper Creek and more specifically the construction of stormwater management facilities, oversimg, landscaping, fencing, erosion protection, channelization, engineering and contingencies. This System is described in the "Master Drainage Plan for the West Branch of the Soper Creek", prepared by Marshall Macklin Monaghan Ltd., drafted June, 1989, as finally approved by 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 Estimated Costs: $21160,000.00 • Share: :611,,1, The "Mearns Avenue Urban Upgrading Work" means the reconstruction of Mearns Avenue to an urban road standard, from Ireland Street southerly for the frontage abutting Mearns Avenue of Plan 18T-89013. More specifically, this work includes excavation, grading, installation of storm sewers and catchbasins, installation of granular "A" and "B", - asphalt paving, sidewalks and topsoil and sodding of boulevards. Owner's Share: $104,23255 3. STORM SEWER OVERSIZING WORK (PLAN 18T-880241 This Work (the "Storm Sewer Oversizing Work (Plan 18T-88024)") means the construction of oversized storm sewers within Plan 18T-88024 and on Concession Street and outfalling at the West Branch of Soper Creek. This work includes the installation of the storm sewers, oversizing,manholes, appurtenances and a headwall as shown on G.M.Sernas & Associates Ltd. Project 8824, Drawing No. G-102 dated August. 1989 and as finally < < l approved by and on file with the Director. Total Estimated Cost: $932,032.25 Owner's Share: $145,300.00 C� SCHEDULE "O" .THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. - (1) That prior to the initiation of grading, including rough grading of the roads, the Owner shall submit sedimentation control and grading plans for the subject land to the Central Lake Ontario Conservation Authority for review, and shall obtain the Authority's approval. (2) That prior to the commencement of site preparation, the Owner shall obtain from the Central Lake Ontario Conservation Authority their approval of 100-year storm overland flow routing for the plan. A brief report is to be submitted to the Authority _ which illustrates overland flow routing for the site and the manner in which flows will be directed to the Soper Creek tributary to the south of Concession Street. (3) Prior to final approval of the plan, the Central Lake Ontario Conservation Authority is to be satisfied that the requirements of the Soper Creek Tributary Master Drainage Plan pertaining to the site will be carried out to the Authority's satisfaction. (4) That the Owner shall agree that grading, filling, construction or alteration to watercourses shall not occur on the site without the written approval of the Central Lake Ontario Conservation Authority. (5) That the Owner agrees to carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority,the recommendations contained in the Soper Creek Tributary Master Drainage Plan that pertain to the subject lands; (6) That the Owner agrees to place fill, grade, and carry out sedimentation control and minor and major flow routing to the satisfaction of the Central Lake Ontario Conservation Authority; Oil" t� IS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. • 1 Estimated Cost of Works EQU up to $100,000.00 maximum $4,000.4 $100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of Works shall include the Cost Estimates as specified in Schedule "J"hereto, and shall include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Town are subject to the Goods and Services Tax, and therefore an additional seven(7%)percent must be added to the fees calculated using this Schedule and paid by the Owner to the Town. The aforesaid amount is to be paid prior to issuance of the Authorization to Commence Works for each stage shown on the Staging Plan. SCHEDULE "S" THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been -- authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. • t I I • • • • r • ys• : , . 1. That this approval applies to draft plan of subdivision 18T-89013, prepared by Tunney Planning identified as number TUN 216-1, revised and dated May 1989, which is revised in red as per attached plan showing 108 single family dwellings lots, two blocks reserved by the Owner, and various reserves. 2. That the road allowances included in this draft plan shall be dedicated as public highway. 3. That the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Newcastle. 4. That Blocks 116 and 117 shall be dedicated as public highways for the purpose of widening Mearns Avenue. 5. That Blocks 118 and 119 shall be dedicated as public highways for the purpose of widening Bradshaw Street. 6. That 0.3 metre reserves as shown as Blocks 111, 112, 113, 114 and 115 shall be conveyed to the Town of Newcastle. 7. That any deadends and/or open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserves to be conveyed to the Town of Newcastle. 8. That the Owner shall agree to relot Lots 1 and 4 in draft Plan of Subdivision 18T- 89013 to the satisfaction of the Town of Newcastle, in consideration of the requirements of Zoning By-law 84-63 and the existing lot configuration of Block 96 in adjacent draft Plan of Subdivision 18T-87033. 9. That the Owner shall convey land to the Town of Newcastle for park or other public recreational purposes, in accordance with the Planning Act. -- Alternatively, the Town may accept cash-in-lieu of such conveyance at a rate of five percent or one hectare per 300 dwelling units, whichever is greater. 10. That such easements as may be required for utilities,drainage and ser�icing purposes shall be granted to the appropriate authority. 11. That the uses shown on the approved draft plan shall be zoned in an appropriate zoning by-law passed by the Council of the Town of Newcastle in effect in accordance with the Planning Act, 1983, as amended. 12. That prior to any grading or construction on the site, the Owner shall prepare site drainage and soil erosion control plans which shall be acceptable to the Ministry of Natural Resources. These plans will show all proposed surface drainage works and will describe the means to minimise or eliminate on-site erosion and the direct discharge of stormwater flow into the tributaries,both during and after construction. 13. That prior to the initiation of grading, including rough grading of the roads, the Owner shall submit sedimentation control and grading plans for the subject land to the Central Lake Ontario Conservation Authority for review, and shall obtain the Authority's approval. 14. That prior to the commencement of site preparation, the Owner shall obtain from the Central Lake Ontario Conservation Authority their approval of 100-year storm overland flow routing for the plan. A brief report is to be submitted to the Authority which illustrates overland flow routing for the site and the manner in which flows will be directed to the Soper Creek tributary to the south of-Concession Street. 15. Prior to final approval of the plan, the Central Lake Ontario Conservation Authority is to be satisfied that the requirements of the Soper Creek Tributary Master Drainage Plan pertaining to the site will be carried out to the Authority's satisfaction. 16. That the Owner shall agree that grading, filling, construction or alteration to watercourses shall not occur on the site without the written approval of the Central Lake Ontario Conservation Authority. 17. 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 the plan which are required to service such 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 his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Region of Durham; all arrangements, financial and otherwise,for said extensions are to be to the satisfaction of the Region of Durham and are to be completed prior to final approval 18. That prior to entering into a subdivision agreement the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 19. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Town of Newcastle for review and approval. The Landscaping Plan shall reflect the design criteria of the Town, as amended from time to time. 20. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Town of Newcastle for review and approval. All plans and drawings must conform to the Town's Design Criteria as amended from time to time. -- 21. That the final approval of the subject plan be withheld until such time as a special servicing agreement for the Soper Creek Trunk Sanitary Sewer Extension on - Concession Street and Mearns Avenue,between various landowners and the Region of Durham, has been executed. 22. That temporary turning circles be constructed at the east limit of Street "D", the south limit of Street "C" and the south limit of Street "A", to the satisfaction of the Town of Newcastle. All lots directly adjacent to the turning circles shall be on hold and building permits shall not be issued by the Town until such time development proceeds beyond the limits of the subdivision. - 23. That the Owner shall bear the costs (100%) of any works on Mearns Avenue and Concession Street which are necessitated as a result of this development, all to the satisfaction of the Town of Newcastle. 24. That the Owner shall contribute to the costs of the reconstruction and/or upgrading of Meares Avenue in accordance with policies of the Town of Newcastle. 25. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, execution of a subdivision agreement between the Owner and the Town of Newcastle, concerning the provision and installation of roads, services and drainage, and other local services. `Y 26. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a subdivision agreement between the Owner and the Region of Durham concerning the provision and installation of sanitary sewer,water supply, roads and other regional services. 27. That the Owner shall agree to implement the noise attenuation measures recommended in the Noise Impact Study, prepared by G.M. Sernas & Associates Ltd., dated July, 1989, in consultation with the Town of Newcastle, all to the satisfaction of the Region of Durham. 28. That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: (a) That the Owner agrees to carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority, the recommendations contained in the Soper Creek Tributary Master Drainage Plan that pertain to the subject lands; - (b) That the Owner agrees to place fill, grade, and carry out sedimentation control and minor and major flow routing to the satisfaction of the Central Lake Ontario Conservation Authority; (c) That the Owner agrees to implement the drainage and erosion control plans, as required in Condition 12 to the satisfaction of the Ministry of Natural Resources; and (d) That the Owner agrees to implement the noise attenuation measures recommended in the noise report referred to in Condition 27. 29. That prior to final approval, the Commissioner of Planning for the Region of Durham, shall be advised in writing by: (a) Town of Newcastle, how conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 19, 20, 22, 23, 24, 25 and 28 have been satisfied; (b) Central Lake Ontario Conservation Authority, how conditions 13, 14, 15, 16, 28(a) and 28(b) have been satisfied; (c) Ministry of Natural Resources, how conditions 12 and 28(c) have been satisfied. NDMENTS TO REGION'S CONDITIONS OF APPROVAL. DATED D JUNE 11, 1991 Condition No. 1 - is deleted and replaced with the following: "1. That the approval applies to the draft M-Plan, prepared by Marshall Macklin Monaghan Ontario Limited, identified by - drawing no. 20-89-440-000, showing 82 lots for single detached dwellings and 21 lots (42 units) for semi-detached dwellings." Condition No. 4 - is deleted and replaced with the following: -- "4. That Blocks 111 and 112 shall be dedicated as public highways for the purpose of widening Mearns Avenue." Condition No. 5 - is deleted and replaced with the following: - "5. That Blocks 113 and 114 shall be dedicated as public highways for the purpose of widening Bradshaw Street." Condition No. 6 - is deleted and replace with the following: "6. That 0.3 m reserves as shown as Blocks 106, 107, 108, 109, 110, 115, 116 and 117 shall be conveyed to the Town of Newcastle." Condition No. 21 - is deleted. Condition No. 22 - is deleted and replaced with the following: "22. That temporary turning circles be constructed at the east limit of Ireland Street, the south limit of Edgerton Street and the south limit of Kershaw Street to the satisfaction of the Town of Newcastle. All lots directly adjacent the turning circles shall be on hold and building permits shall not be issued by the Town until such time development proceeds beyond the limits of the subdivision." C, C SCHEDULE wU7 THIS SCHEDULE IS SCHEDULE wV to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the 'Town of Newcastle, enacted and passed on the 24th day of July, 1989. LANDSCAPING PLAN (See Attached) t 2 3 4 5 G T 6 IRE M M. D STR I 22 21 20 19 IS 17 16 15 U 13 12 11 10 9 I � I � I I I I 1 ' q I 29 30 J1 32 J3 J! 35 3G M 37 35 39 40 41 12 43 i 25 2G 27 28 1 11 7 z N W Z PLANT LIST KEY NO. BOTANICAL NAME COMMON NAME SIZE REMARKS re.... v a..s ya 1rrN a>'r Prar Tea noe+ar,00..P Y.�v r.oer Inv n su,+.�a�+ rn� nMnu w ti tYY Ca,MCia Mb P aael�-'v' nwn,n .0 v •.+»av arm rmoa ,om ru eo.•w m STANDARD TREE PLANTING VERTICAL WOOD STAKES X[a4 bYDF�PO�, roL. Iwa ro W 1 lP no M+A IMf-apfq� ro.r Bra pan,u[ I Aan+uc-ce.mm.ocean ACOUSTICAL FENCE- I.BOm POST SECTION- 1 OF 2 °'"a°" lo�K ;t �31 ACOUSTICAL FENCE- 1.85m 1 ELEVATION- 2 OF 2 — l TION 1 — I la YN 0/ IO IMAN VI LLF L GENERAL NOTES t lom.nvA�r vrr�rrwxvw,P na +nu+M.+ awn aan¢l alm.m a,.ra A u nrrt nno p�a�„ a ar+ncry wu om+.e,v.r�,u 1`�MKWOgiurML��¢i rsa i wR��we -�1.8a TALL WOOD ACOU5TICAL FENCE- SEE DOTAL 2/1+3/1 FENCE TO TIE NTO THE FRONT OF THE HOUSES ON LOT 5Z4 LPt-'1LE To THE APPROVAL OF THE TOWN OF NEWCASTLE, awnAn a.ry anva nr REVISIONS /�-� --1 M(7) 3 CY1L/\ b HENRY KORTMAS dt ASSOCIATES- LANDSCAPE ARCHITECTURE, ENVIRONMENTAL k RECREATIONAL PLANNING u afar.,n ar LDRTIIAAS CARD PLOTi7NC n �r mew.ur v, UEA DEVCLOrMENT5 HEARNS I SUBDIVISION COWHANYLLE.OUT. STREET TRCE RA"G PLAN zr. I.I. ,47LTLA A,V;;. 89/11/03 1 a 1 � e,Wl1, 189iCOA SCHEDULE wr IS SCHEDULE IS SCHEDULE wr to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. REQUIREMENTS OF OTHER AGENCIES MINISTRY OF NATURAL RESOURCES (1) That prior to any grading or construction on the site, the Owner shall prepare site drainage and soil erosion control plans which shall be acceptable to the Ministry of Natural Resources. These plans will show all proposed surface drainage works and will describe the means to minimise or eliminate on-site erosion and the direct discharge of stormwater flow into the tributaries,both during and after construction. (2) That the Owner agrees to implement the drainage and erosion control plans, as required in Condition 12 to the satisfaction of the Ministry of Natural Resources. THIS SCHEDULE IS SCHEDULE "VV'° to the Agreement which has been authorized and approved by By-law No. 89-130 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of July, 1989. 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. MI • . (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. t (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 reflecting the same architectural influence. 4. ° (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.