HomeMy WebLinkAbout91-195
DN: MACOURT.BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-195
being a By-law to authorize the entering into of an Agreement with MacQurtice Developments Inc and
the Corporation of the Town of Newcastle in respect of Plan 18T-90041
The Council of the Corporation of the Town of Newcastle enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of
the ToWn of Newcastle, and seal with the Corporation's seal, an Agreement between Macourtice
De~eJopments Inc. and the said Corporation in respect of Plan of Subdivision 18T-90041;
2. THAT the Mayor and Clerk are hereby authorized to Accept, on behalf of the Town, any
conveyances of lands required pursuant to the aforesaid Agreement.
3. Schedule" A" attached hereto shall form part of this By-law.
BY.LAW read a first time this 18th. day of November, 1991.
BY-LAW read a second time this 18th. day of November, 1991.
BY.LAW read a third time and fmany passed this 18th. day of November, 1991.
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THE CORPORATION OF THE TOWN OF
NEWCASTLE SUBDIVISION AGREEMENT
WITH MACOURTICE DEVELOPMENTS INC.
DRAFf PLAN NO. 18T-90041
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MACOURTlCE DEVELOPMENTS INC.
SUBDIVISION AGREEMENT WITH
THE CORPORATION OF THE TOWN OF NEWCASTLE
DRAFf PLAN NO. 18T-90041
Part of Parcel Plan-I, Section 4OM-167S, being Block
77, Plan 4OM-167S, Town of Newcastle, Regional Municipality
of Durham
INDEX
1. Subdivision Agreement registered as Instrument No. 575206
2. Certificate of Solicitor
3. Amendment of Subdivision Agreement registered as Instrument No. LT578426
NOTE:
No Inhibiting Order registered as there were no required Transfers of
Easement or Fee Simple, pursuant to the Subdivision Agreement.
TRANSFERS REQUIRED PURSUANT TO SUBDIVISION AGREEMENT
Transfers of Easements
Intra,plan Easements
NIL
Extraplan Easements
NIL
Transfers of Fee Simple
Intra,plan Transfers
NIL
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Document General
Form 4 - Land Reglatratlon Reform Act, 1984
DYE & OURHAM co, LIMIT<
Form No, 985
D
(1) Registry 0
(3) Property
ldentlfler(s)
Land Titles Kl T (2) Page 1 of
Block Property
pages
Additional:
See 0
Schedule
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(4) Nature of Document
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Nodce of Subdivision Agreement (Section 74 of the Act)
(5) ConSIderation
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Dollars $
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(6) Description
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Part of Parcel Plan-I, Section 40M-1675 being Block
77, Plan 40M-1675, Town of Newcastle, Regional
Municipality of Durham
New Property Identifiers
Additional:
~hedule 0
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Execution.
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
I, (b) Schedule for:
Additional
o i Description 0 Parties
o Other 0
(8) ThIs Document provides as follows:
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of Macourtice Developments Inc. as Part of Parcel Plan-I, Section 40M-
1675 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
o
)
( (I) This Document ........ to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
. . .1HE.CORPORATION OF.THE TOWN. . . . . . . . .
OF NEWCASTLE by it solicitors
. . SHIBLEY RIGHT ON per. Niekelas . . . . . . . . . . . .
T. Macos
Date of Signature
Y M D
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., . . . ..' .7.'... ~........ 119.9.1.! .J,I.i.~~
NicholasT. Macos . ! ! i
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. . . . . " . . . . . . " . . . . . . . . . . . . . . . . . . . ! . . . .. .. Of" . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . .. .. .1. . .
! ,
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(11) Address
for ServIce
40 TemDerance Street. Bowmanville Ontario LIC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M D
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. f .. .. .. .. ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. f .. .. .. .. ..
(1S) Address
for ServIce
not assigned
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
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Fees and Tax
(14) Municipal Add..... of Property
(15) Document Prepared by:
110174 (12184) .
Toll'
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Page 2
Macourtice.2\ Sub-Ag'
Draft # 1 . November 20, 1991
THIS AGREEMENT made in quintuplicate as of this 18tb day of November, 1991.
BE1WEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
- and .
MACOURTICE DEVELOPMENTS INC.
(hereinafter called the "Owner")
- and .
CANADA TRUSTCO MORTGAGE COMPANY
(hereinafter called the "Mortgagee")
SUBDIVISION AGREEMENT
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ARTICLE
1.1
1.2
,
. .
INDEX
1 . INTERPRETATION AND SCHEDULES
. . . . . . . . . . . . . . . . . . .
ARTICLE 2. GENERA.L . . . . . . . . . . . . . · · · . · . . · · . . . . . · · . . . . . · . . . . . . .
2.1 Recitals in Operative Part of Agreement .....................
2.2 Certification of Ownership ...................
2.3 Copy of Plan and Agreements Required ..........
2.4 Transfer of Easements
2.5 Not Used .......................
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
ARTICLE
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
Definitions ........................
. . . . . . . . . . . . . . . . . . .
Schedules . . . . . . . . . . . · . . · . · . . · . · . . . . . . . . · . . . . · . . . . . . . ·
. . . . . . . .
. . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
. .
Registration of Transfers .....................
Postponement of Mortgage
........
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Charge on Lands .....................
. . . . . . . . . . . . . . .
Registration of Agreement ............ . . .
Renegotiation and Amendment of Agreement ....
Town to Act Promptly . . . . . . . . .
Assignment of Agreement ......
Replacement of Draft Plan with Final Plan(s) ......
Notification of Owner . . . . .
Successors .. . . . . . . . . . . . . . . . . . . ·
Not Used ..
. . . . .
.....
. . . . . . . . . . . . . . . .
. .
......
. . . .
. . . . .
......
. . . .
. . . .
...... ...... ..........
3 . FINANCIAL . . . . . . . . . . . . . . . . . . . . . . · . .
. . . . . . . . . . . . . .
Pa)ment of Taxes ......................................
Pa)ment of Local Improvement Charges .....................
Pa)'J11ent of Drainage Charges ...............
Pa)ment of Development Levies . . . . . . . . . . . . . . .
............
. .
Not Used ................
. . . . . . . . . . . . . .
. . . . . . . . .
Performance Guarantee Required ..........................
Use of Performance Guarantee .................... . . . ·
Indemnification of Town
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insurance . . . . . . . . . · ·
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Guarantee Required ..................... . · ·
Use of Maintenance Guarantee ....... . . · . · · · · . . . . . · ·
Requirements for Release of Performance Guarantee . . . . . . .
Requirements for Release of Maintenance Guarantee ........ . ·
Pa)ment of Town's Costs . . . . . . . . . . · · · · · . · · · . . . . . . . . · . . . . .
Unpaid Monies . . . . . . . . . . . . . . . · . . . . . . . . . . . ·
Occupancy Permit Deposit .......
..................
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Page 4
ARTICLE 4. PIAN'NlNG ......................................... 24
4.1 'free Presel'v~Lion Plan .................................. 24
4.2 Landscaping Plan and Landscaping Requirements .............. 25
4.3 Use of La.nds ......................................... 26
4.4 Lands Unsuitable for Building ............................ 26
4.5 Not Used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · . .. 26
4.6 Requirements for Building Permits ......................... 27
4.7 Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
4.8 Architectural Control Standards ........................... 30
4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
4.10 Requirements for Occupancy Permit ........................ 31
4.11 Not Used ............................................ 33
4.12 Special Conditions ..................................... 33
ARTICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
5 . PUBLIC WORKS ....................................
TO\fl1 Works Required . . . . . . . . . . . . . . . . . . . . · · . . . . . . . . . . . . .
Utilities and Senices Required ............................
OlVDer's Engineer ......................................
Design of Works . . . . . . . . . . . . . . · . . . . . · . . . . · · . . . . · . . . . · · .
Approval of Engineering Drawings . . . . . · . · . . . . . · . . . . · . . . . . . .
Approval of Grading and Drainage Plan .....................
Staging of Construction . . . . . · . . · . . . . · · . . . . · · . . . . . . . . . . . . .
Approval of Schedule of Works ............................
Approval of Works Cost Estimates and Stage Cost Estimates ......
Requirements for Authorization to Commence Works ............
Requirements for Commencement of Subsequent Stages of Works ...
Inspection and Stop Work. . . . . . . . · . . . · · . . . · . . · . . . . · . . . . . .
Construction in Accordance with Engineering Drawings ..........
Sequence of Construction of Works .........................
Completion Time for Construction of Works ..................
Minor Additional Work . . . . . . · · · · . . · . . . . . . . . . . . . · . . · · . . . ·
Incomplete or Faulty Works and Liens ......................
Entry for Emergency Repairs · . · · · · · · · . · . . · · · . · · · . . · . · · · . · ·
Damage to Existing Services ..............................
Damage to Neighbouring Wells ............................
Use of Works by To\\'D. ..................................
Maintenance of Roads after Completion. . · · · · · · · · · · . · . . . · . . . ·
Requirements for Certificate of Completion ...................
Requirements for Certificate of Acceptance ...................
Ownership of Works by To~ .............................
Requirements for Certificate of Release ......................
Not Used ............................................
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Page 5
5.28 Stormwater M4naaement Contribution . . . . . . . . . . ... . . . . . . . . .. 50
5.29 Cost of Works Referred to In Schedule 'GIt . . . . . . . . . . . . . . . . . . .. 51
S.30 Not Usecl ........... t . . . . lIP .. . . . . . . . . . . . . . . . . III . . . . . . . .. 51
ARTICLE , .. COMPLIANCE WITH REGULATIONS ................... 52
ARTICLE 'l .. lIESPONSmlLl'IY OF SUBSEQUENT OWNERS .......... 52
ARTICLE 8.. TIME or ESSENCE ................................ 52
ARTICLE , .. AUTHORITY TO. MAKE AGREEMENT ................ 52
SClliDU~ TQ ~GREEMlm
Schedule' A'
Schedule. "s-
Schedule"C"
Sche4llle"D"
Schedule..
ScW..,.
"Legal Description of the Lands"
"Plan or SubdivisIon (reduction)'
"Charges AgaInst the Lands"
"Development Levies'
"Transfer of Easements"
'Lands to be Transferred to Town and/or
Cash to be Paid in Lieu Thereof"
"Works Required"
"Staging Plan'
"Utilities and Services Required"
"Duties of Ownerts Engineer"
"Works Cost Estimates"
ItlllSuranee Required"
"Regulations tor Construction"
"Use of the Lands"
"Lana. Unsuitable tor BUilding"
Not Used
Not Used
Not Used
"Conservation Authority's Work"
If Engineering and Inspedion Feeslf
"Region's Conditions of Approvalll
"Tree Preservation Plan"
"Landscaplng Planlt (reduction)
'Requirements of Other Agencies"
'Architectural Control Standards"
Schedule 'G"
Scheelule 110.1'
Schec1ule "If'
Schedule.I"
Schedule..r
Schedule. ilK"
Selled.we "L"
Schedule '1M"
SeheduJe "Nil
, Sched.ule."O'
Schedule 'P
Schedule "P..l"
Schedule"QIr
Schedule ilK"
Schedule "S"
Schedule lIT"
Schedule .'U'
Schedule 'V"
Schedule W
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Page 6
Macourtice.2\Sub-Agr
Draft 11 . November 20,11191
THIS AGREEME~"T made in quintuplicate as of this 18th day of November, 1991.
BET\VEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
MACOURTICE DEVELOPMENTS INC.
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
CANADA TRUSTCO MORTGAGE COMPANY
(hereinafter called the "Mortgagee")
OF THE THIRD PART
\VHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto, and are hereinafter called the "Lands";
B The Owner represents and warrants that subject to Recital C it is the
registered Owner of the Lands in fee simple absolute;
C The Owner represents and warrants that the Mortgagee is the only mortgagee
or chargee of the Lands;
D The Owner has received the approval of the Regional Municipality of
Durham, (hereinafter called the "Region") to draft Plan of Subdivision 18T-90041 of the
Lands subject to compliance with certain conditions thereto including the making of
Subdivision Agreements with the Region and the Town, respectively;
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Page 7
E The Owner has applied to the Region for apnroval of a final Plan of
Subdivision of the Lands and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
F The Owner represents and warrants that it has or will enter into an
Agreement with the appropriate Public Utilities Commission or other authority or company
having jurisdiction in the area of the said Lands for the design and installation of the
utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and
Services";
G The Owner represents and warrants that it will enter into Agreements with
the Region and the Town to satisfy their respective requirements, financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-90041;
H This Agreement is made pursuant to the provisions of Subsection 50(6) of
the Planning Act, 1983 and is authorized by By-law No. 91-194 passed on November 18,
1991;
NOW THEREFORE WIThTESSETH THAT in consideration of the
premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of
lawful money of Canada, now paid by each Party to the others (the receipt whereof by each
Party is hereby acknowledged), the Parties hereto covenant and agree to and with each
other as follows:
ARTICLE 1 - INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement.
(b) "Agreement for Phase 1" has the meaning assigned to it in paragraph 5.28(1)
of this Agreement.
(c) "Applicant" means an individual, an association, a partnership or corporation
who applies for the necessary building permits for the lots or blocks covered
by this Agreement.
(d) "Authorization to Commence Works" has the meaning assigned to it in
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Page 8
paragraph 5.10 of this Agreement.
(e) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(f) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(g) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(h) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(i) "Council" means the Council of the Corporation of the Town of Newcastle.
U) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(k) "Development Charge By-law" has the meaning assigned to it in paragraph
3.4(2) of this Agreement.
(1) "Development Levies" has the meaning assigned to it in Schedule "D" of this
Agreement.
(m) "Director" means the Director of Public Works of the Town of Newcastle or
his designated representative.
(n) "Director of Community Services" means the Director of Community Services
of the Town of Newcastle or his designated representative.
(0) "Director of Planning" means the Director of Planning and Development of
the Town of Newcastle or his designated representative.
(p) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement.
(q) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement.
(r) "Front-End Payment" has the meaning assigned to it in paragraph 5.28(2) of
this Agreement.
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Page 9
(s) "Front-Ending Agreement" has the meaning assigned to it in paragraph 5.28(2)
of this Agreement.
(t) "Future Detention Pond Site" has the meaning assigned to it in paragraph
5.28(1) of this Agreement.
(u) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
of this Agreement.
(v) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(w) "Land Registry Office" has the meaning assigned to it in Schedule"A" of this
Agreement.
(x) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(y) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
(z) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(aa) "Minister" means the Minister of Municipal Affairs, Ontario.
(bb) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(cc) "Net Capital Cost" has the meaning assigned to it in paragraph 5.28(3) of this
Agreement.
(dd) "Noise Impact Study" has the meaning assigned to it in paragraph 4.12(4) of
this Agreement.
(ee) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(4) of this
Agreement.
(ff) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16( 1) of this Agreement.
(gg) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2)
of this Agreement.
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Page 10
(hh) "Owner" means the Party of the Second Part to this Agreement, its successors
and assigns and when used to refer to a successor or assignee of such Party,
or to another person, an owner includes an individual, an association, a
partnership or a corporation,
(ii) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario.
(jj) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(kk) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(11) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(nun) "Region" shall mean the Corporation of the Regional Municipality of Durham.
(nn) "Reconstruction Work" has the meaning assigned to it in Schedule "G" of this
Agreement.
(00) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(pp) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(qq) "Services" has the meaning assigned to it in paragraph 5.28(3) of this
Agreement.
(rr) "Solicitor" means the Solicitor for the Town.
(5S) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(tt) "Stormwater Management Contribution" has the meaning assigned to it in
paragraph 5.28(1) of this Agreement.
(uu) "Town" means the Council of the Corporation of the Town of Newcastle or
any official, designated by Council to administer the terms of this Agreement.
- ~.
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Page 11
(w) "Treasurer" means the Treasurer of the Town of Newcastle or his designated
representative.
(ww) "Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(xx) "Working Drawings and Specifications" has the meaning assigned to it in
paragraph 4.11(2) of this Agreement.
(0) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(zz) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 ofthis
Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F'
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Development Levies"
"Transfer of Easements"
"Lands to be Transferred to Town and/or
Cash to be Paid in Lieu Thereof"
Schedule "G"
Schedule "G-1"
Schedule "H"
Schedule '1"
Schedule "J"
Schedule "K"
Schedule "L"
"Works Required"
"Staging Plan"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
If
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Page 12
Schedule "Mil
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-1"
Schedule "Q"
Schedule "R"
Schedule "S"
"Use of the Lands"
"Land Unsuitable for Building"
Not Used
Not Used
Not Used
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
"Tree Preservation Plan"
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule 'T'
Schedule "U"
Schedule "V"
Schedule "W'
ARTICLE 2 - GE1\'ERAL
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 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title
of the said Lands and setting out the names of all persons having interests in the said
Lands and the nature of their interests.
(2) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title
of any land outside the limits of the said Lands, which is to be conveyed to the Town
or in which easements are to be transferred to the Town pursuant to the terms of
this Agreement.
2.3 Copy of Plan and A~eements 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
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Page 13
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
If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a planes) of subdivision of any partes) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in
the opinion of the Director further easements in such lot(s) or block(s) are required to be
transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission
or other appropriate authority or company for Town purposes, Region of Durham purposes
or for Utilities and Services, as the case may be, or for drainage purposes, the Owner
agrees to transfer to the Town, the Region of Durham, the Newcastle Hydro-Electric
Commission or other appropriate authority or company, as the case may be, such further
easement(s) forthwith after a written request to do so is given to it by the Director.
Notwithstanding the foregoing, the Director shall not request such further easement(s), if
its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s)
shown on the Plan. 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 Not Used
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Page 14
2.6 Re~stration of Transfers
The transfers of easements referred to in paragraph 2.4 shall be prepared by the
Owner and shall be registered at the Owner's expense, at the same time as the Plan is
registered. If such transfers are of or in respect of lot(s) or block(s) which are to be
defined on the final Plan of Subdivision of the Lands when the Plan is approved and
registered against title, the registered number of the Plan shall be left blank and the Owner
hereby authorizes the Town to insert such Plan number after registration of the Plan.
2.7 Postponement of Mort2a2e
The Mortgagee 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) the Mortgagee obtains an order of foreclosure against the
Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the
Lands are sold after default occurs under the 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, the Mortgagee 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.
2.8 Charge on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Registration of Aweement
The Owner and the Mortgagee hereby consent to the registration of this Agreement
or a notice thereof against the title to the Lands. Neither the Owner nor the Mortgagee
will register, permit or suffer any person to register any instrument after the registration of
the final Plan of Subdivision against the title to the Lands unless this Agreement and any
transfers or other documents required to be furnished hereunder have first been registered
against the title to the Lands or the appropriate portiones) thereof, as the case may be.
Without derogating from the foregoing, the Owner and the Mortgagee also hereby consent
to the registration of an inhibiting order(s) against the title to the Lands or the relevant
portiones) thereof as the case may be, in order to give further effect to the foregoing.
2.10 Rene2otiation and Amendment of Aweement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
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Page 15
(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 2.10(1), none of the Parties hereto may make any claim
against the Town for damages for any loss or cost or make any claim against the
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Page 16
Town for compensation in respect of any of the Works, whether located in whole or
in part on land in which the Town has an interest. Notwithstanding the foregoing,
the Owner and the Town expressly agree that the covenants and agreements
contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this
Agreement will survive the termination of this Agreement pursuant to paragraph
2.10(2) and paragraphs 3.8, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this Agreement
shall continue to bind the Owner and may be enforced by the Town in the same
manner and to the same extent as if this Agreement had not been terminated.
(3) Without derogating from the provisions of paragraph 2.10(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.11 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
Director is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission or
approval, then such action, decision, confirmation, authorization, permission or approval
shall be made promptly in all respects and the Town and its officials shall act reasonably.
2.12 Assi~ment of ~eement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.13 Replacement of Draft Plan with Final Plan(s)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement,
only a red-lined copy of draft Plan of Subdivision 18T-90041 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-90041 approved pursuant to
the Planning Act, 1983 being registered against the title to anyone (1) or more
portions of the Lands, the registered final Plan of Subdivision shall be deemed to
be substituted for the red-lined draft Plan of Subdivision 18T-90041 for the purposes
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Page 17
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",
t'N", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-90041 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
The Owner: Macourtice Developments Inc.,
3100 Steeles Avenue East, Suite 301
Markham, Ontario,
L3R 81'3
or such other address of which the Owner has notified the Town in writing. Any such
notice so mailed or delivered shall be deemed good and sufficient notice under the terms
of this Agreement and shall be effective from the date which it is so mailed or delivered.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
2.16 Not Used
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "e" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
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Page 18
3.2 Payment of Local Improvement Charees
Prior to the date of execution of this Agreement, the Owner shall pay all charges
with respect to local improvements assessed against the said Lands as set out in Schedule
"C" hereto. Such charges shall include the Town's share of any local improvements which
serve the said Lands and shall include the commuted value of such charges including
charges falling due after the date of the execution of this Agreement.
3.3 Payment of Drainal:e Charees
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act, R.S.O. 1980, c.126, and the Tile
Drainage Act, R.S.O. 1980, c.500 against the Lands, as set out in Schedule "C" hereto,
including the commuted value of such charges falling due after the date of execution of this
Agreement.
3.4 Payment of Development Levies
(1) The Owner shall pay all "Development Levies" (as defined in Schedule "0") in the
amounts and at the times set out in Schedule "0" hereto. For greater certainty, prior
to the issuance of any building permit in respect of any lot(s) or block(s) on the
Lands, the Owner shall pay all remaining Development Levies assessed against such
lot(s) or block(s).
(2) Without derogating from paragraphs 4.11(15), 5.28(1), 5.28(3), 5.29(1) and 5.29(2),
the Parties acknowledge and agree the provisions of this Agreement, including but
not limited to, paragraph 3.4 and Schedules "0" and "G" are not intended nor shall
they be considered to have the effect of exempting the Owner in whole or in part
from, or making inapplicable to the Owner, or making inapplicable in respect of the
development of the Lands, a development charge that after the date of this
Agreement may be imposed by the Town by passing a By-law (the "Development
Charge By-law") under the Development Charges Act, 1989 (the "Act"), and none
of them shall be used as a justification for or the basis of granting the Owner a
credit of any amount in determining the development charge payable by the Owner
under such By-law and Act. Further, without limiting the generality of the foregoing,
it is understood and agreed by the Parties, that the Owner's agreement to pay
Development Levies pursuant to paragraph 3.4(1) and Schedule "0" in respect of the
development of the Lands or any part thereof is not intended by the Parties and
shall not have the effect of limiting the Owner's obligation to pay only that portion
of a development charge otherwise imposed by a Development Charge By-law which
is not in excess of the amount of the Development Levies on the date of issuance
of any building permit under the Ontario Building Code Act for a dwelling(s)
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Page 19
proposed to be constructed on the Lands that would have been payable under
paragraph 3.4(1) and Schcullle ~i)" if tbe Town had not p(I.ssed a Development
Charge By-law.
3.5 Not Used
3.6 Performance Guarantee Required
Except as otherwise provided in this Agreement, 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 in the amount which is required by the Town to secure to the Town
the performance by the Owner of its covenants contained in this Agreement to construct
and install the Works and the performance of the Owner's obligations under paragraph
5.13(2), as well as the performance by the Owner of the other covenants in this Agreement,
including but not limited to its covenants under paragraphs 5.28(1) and 5.28(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 5.28(1) and 5.28(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 anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) required to remedy the Owner's default at the
date of the appropriation. Forthwith after making each such appropriation, the Director
shall give the Owner written notice thereof and the Owner shall forthwith reinstate the
Performance Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions, claims, liabilities, 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.
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Page 20
(2) The Owner shall continue to indemnify and save harmless the Town as provided in
paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the
Owner and notwithstanding any arrangements that may be made by tbe Town witb
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 tbe Town to do or refrain from doing any act or making
any recommendation necessary for tbe Owner to achieve approval of the final Plan
of Subdivision of the Lands and its registration against the title to tbe Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof tbereof
as required by Schedule "K" of tbis Agreement on or prior to tbe execution of this
Agreement and thereafter in accordance with Schedule "K".
3.10 Maintenance Guarantee Required
(1) From the date of issuance of a Certificate of Completion of the Works or any of
them, until the date of issuance of a Certificate of Acceptance of such Works, the
Owner agrees with the Town to promptly correct, remedy, repair or replace any
portion or component of such Works that the Director determines to be defective
or deficient having regard to the provisions of this Agreement at the Owner's cost
(the "Maintenance Guarantee"). The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) Prior to the date of issuance of a Certificate of Completion of tbe Works or any of
them, the Owner will deposit with the Town cash or an irrevocable and
unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the
Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to
the Town's Treasurer (tbe "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, tbe 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
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Page 21
period of the Maintenance Guarantee for the following Works as set out below:
(1) "Storm Sewer System" (as hereafter defined) inc1udin~ the Storm Sewer Work:
a minimum of two (2) years commencing upon the date of issuance of the
Certificate of Completion for the Storm Sewer System and terminating upon
the date of issuance of the Certificate of Acceptance for the Storm Sewer
System.
(2) Roads and Above Ground Services: a minimum of two (2) years from the
date of issuance of the Certificate of Completion for the Roads and above
ground services and terminating upon the date of issuance of tbe Certificate
of Acceptance for tbe Roads and above ground services.
3.11 Use of Maintenance Guarantee
From time to time, tbe Town may appropriate tbe wbole or any part of tbe Security
for tbe 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 tbe progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner. 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 oftbe value
of the completed Works, facilities and services, also determined by the Director
having regard to tbe Progress Certificate prepared by the Owner's Engineer in
respect of the completed Works if such has been submitted to the Town by the
Owner.
(2) The Owner win not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
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Page 22
(a) a Certificate of Completion has been issued for the Works for which such
Performance Guarantee is required under this Agreement;
(b) the Owner has deposited with the Town, the Maintenance Guarantee applying
, to the Works for which the Performance Guarantee was required; and
(c) the Town is satisfied that in respect of the construction and installation of the
Works for which such Performance Guarantee was required, there are no
outstanding claims to such Works.
3.13 Requirements for Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works.
(c) The Town has received the as-built drawings for such Works from the Owner.
3.14 Payment of Town's Costs
(1) On the execution of this Agreement the Owner shall reimburse the Town 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) Without derogating from paragraph 2.16(7), at any time after the execution of this
Agreement, forthwith after written notice is given to the Owner containing
reasonable particulars tbereof, tbe Owner shall reimburse the Town for all
reasonable legal, planning, engineering and other technical advice, and administrative
expenses actually incurred by the Town in connection with the preparation,
processing and approval of the "Front-Ending Agreement(s)" necessary to implement
paragraph 5.27 of this Agreement.
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Page 23
(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 hourst 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
Tov.rn taxes which are in arrears at the date on which the default in question commences.
There shall be added to the interest so calculated and payable, an amount which is equal
to the late payment charge which may be added to Town tax arrears payable by a ratepayer
of the Town at the date on which the default in question commences.
3.16 Occupancy Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner shall deposit with the Town an irrevocable
and unconditional letter of credit issued by a bank listed in Schedule "A" or Schedule
"B" of the Bank Act acceptable to the Town's Treasurer, in the amount of fifteen
thousand ($15tOOO.00) dollars (the "Occupancy Permit Deposit") to secure the
performance of the Owner's covenant to the Town that occupancy of any dwelling(s)
on the Lands will not take place before an "Occupancy Permit" (defined in
paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s)
pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to
the Town's Treasurer. In the event that occupancy of dwelling(s) occurs 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 fifteen
thousand ($15,000.00) dollars. The Occupancy Permit Deposit or the unused portion
thereof shall be returned to the Owner at such time as the last dwelling which may
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Page 24
be constructed on the Lands is permitted to be occupied pursuant to an Occupancy
Permit. If a letter of credit is deposited as the Occupancy Permit Deposit, the Town
agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 40M Plan
contained in Schedule liB" to replace the letter of credit from time to time, provided
that at all times the Occupancy Permit Deposit is maintained as is required by this
paragraph 3.16(1). Following any such permitted replacement of a letter of credit,
the Town will return the replaced letter of credit to the Owner or to the person for
whom it was issued, as may be appropriate.
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based
on the following "Occupancy Permit Scale" of the Town which is current on the date
of execution of this Agreement:
up to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$15,000.00
$20,000.00
$30,000.00
$50,000.00
The Owner agrees with the Town that the Town in its discretion may amend its
Occupancy Permit Scale from time to time.
ARTICLE 4. PLANNING
4.1 Tree Presen'ation Plan
(1) Prior to the issuance of any Authorization to Commence Works the Owner shall
have obtained the written approval of the Director of Planning of a plan for the
preservation of trees on the said Lands (the "Tree Preservation Plan") which shows:
(a) the location and approximate size of all existing trees over 30.5 em in
circumference at 1.5 m above the ground; and
(b) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
(2) No work shall be done or caused or permitted to be done by the Owner to remove,
destroy or damage any tree existing at the date of this Agreement. No existing tree
shall be removed until the Tree Preservation Plan is approved by the Director of
Planning and thereafter an existing tree may be removed only if permitted by the
Tree Preservation Plan. The Owner agrees to comply with the approved Tree
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Page 25
Preservation Plan. In the event that any tree required to be preserved by the
approved Tree Preservation Plan is removed, destroyed or damaged, the Owner at
its expense shall replace that tree with a tree of a height, calliper and species as
determined by the Director of Planning in his discretion.
(3) The Parties acknowledge that the approved Tree Preservation Plan for the purposes
of this Agreement is the Tree Preservation Plan contained in Schedule 'T'.
4.2 Landscapine Plan and Landscapine 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 hereinafter defined).
(2) Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning and the Director of Public
Works. The landscape architect shall prepare a draft landscaping plan showing,
amongst other things, boulevard road areas and vegetation, and trees to be planted
thereon. The draft landscaping plan shall conform with and implement the Town's
landscaping design criteria, as amended from time to time and the provisions of this
Agreement. When the draft landscaping plan has been settled to the satisfaction of
the aforesaid Directors and approved by them, it is the "Landscaping Plan" for the
purposes of this Agreement.
(3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto
is the Landscaping Plan for the purposes of this Agreement.
(4) The Owner agrees that its cost to satisfy the following requirements:
(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;
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Page 26
(e) f~ncing 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
(t) where wood fencing is proposed, it must be constructed either of pressure
treated wood or wood of equivalent longevity in the opinion of the Director
of Planning.
(5) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing
and to satisfy the other requirements of the Landscaping Plan expeditiously during
the construction of dwellings on the Lands. Any default by the Owner in satisfying
any of the requirements of paragraph 4.2 may be remedied or corrected by tbe Town
at the Owner's cost. Without limiting the Town's rights under any other provision
of this Agreement, the Owner acknowledges and agrees with the Town that the Town
may appropriate a portion of the Performance Guarantee to indemnify the Town in
respect of the cost of remedying or correcting any such default of the Owner at any
time when deemed necessary by the Director of Planning. Forthwith, after the
Director of Planning gives the Owner written notice of the amount so appropriated,
the Owner shall restore the Performance Guarantee to the amount required by this
Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63,
as amended from time to time.
4.4 Lands Unsuitable for Buildine
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in
Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning.
4.5 Not Used
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Page 27
4.6 Reguirements for Buildin~ Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a
representation or covenant by the Town to any person, nor shall be taken to give any
assurance to the Owner or to any other person that building permits for buildings proposed
to be constructed on any portion of the Lands when applied for, will be issued. Without
limiting the generality of the foregoing, the Owner will not apply for or cause or permit an
application to be made by any person for a building permit for a building proposed to be
constructed on any of the Lands, made until the following requirements are satisfied:
(a) all easements for the purposes of the Town, the Region of Durham or the Newcastle
Hydro-Electric Commission or for the purpose of Utilities and Services referred to
in Schedule "H", or for the purpose of drainage in the lot(s) or block(s) in respect
of which an application for a building permit(s) is made, have been transferred to
the appropriate person as required by this Agreement;
(b) all the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base course of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s);
(c) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(b) have been constructed and installed to the satisfaction of the
Director;
(d) all of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the
Newcastle Hydro-Electric Commission and/or the authority or company having
jurisdiction over such Utilities and Services. Alternatively, the Town has received
written confirmation from such Commission, authority or company, as the case may
be, that sufficient financial security(s) have been received by it (them) on which it
or they may draw to payor to reimburse itself (themselves) in respect of the costs
of the design, construction and installation of such Utilities and Services if the Owner
fails to construct and install them;
(e) the Owner has provided the Director of Planning with a paper draft of the registered
Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning
with a mylar copy of such registered Plan of Subdivision forthwith after it is made
available to the Owner by the Land Registry Office);
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(f)
(g)
(h)
Page 28
the Development Levies required to be paid by the Owner to the Town pursuant to
paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s) or block(s)
for which application is made for a building permit;
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;
if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the
conditions with respect to the development of such lot(s) or block(s) set out in
paragraph 4.4 of this Agreement;
(i)
if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site
Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the
development of such lot(s) or block(s) in accordance with paragraph 4.5 of this
Agreement;
(j)
the Performance Guarantee and in all cases required by this Agreement, the Security
for the Maintenance Guarantee provided for in this Agreement have been deposited
with the Town and are in good standing;
(k)
the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(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;
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Page 29
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste will be maintained in
accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open
burning will not occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code;
(ill) the Owner has agreed with the Town to comply with the Ontario Fire Code
with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning
(Subsection 2.6.3.4);
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected 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
(0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for sales display purposes
which it proposes to construct on not more than ten (10%) percent of the total
number of lot(s) within the registered Plan of Subdivision of the Lands, provided
that:
(a) each such application is in conformity with all By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Town as is required by law and this Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot(s) or
block(s) is appropriate for the proposed model home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
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Page 30
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
(3) Any model home(s) constructed on the Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with.
If such model home(s) is occupied for residential purposes contrary to the provision
of this paragraph 4.7(3), then without derogating from any rights of the Town may
have under this Agreement, a statute, a regulation, or a by.law, the provisions of
paragraph 3.16 shall apply and shall be complied with by the Owner on each
occasion that such unauthorized occupation takes place.
(4) The Owner understands and agrees with the Town that if the Owner constructs or
causes or permits any person to construct one (1) or more model home(s) on any
part of the Lands prior to the day on which the watermains and hydrants on the
Lands or any part of them are fully serviced and operational for fire protection
purposes to the satisfaction of the Town's Fire Chief, the construction and/or use
of the model home(s) is entirely at the risk of the Owner. The Owner shall save the
Town harmless and indemnify the Town from and against all actions, claims,
liabilities, losses, damages and expenses, including reasonable legal fees, which arise
by reason of construction and/or use of such model home(s), and the provisions of
paragraph 3.8(1) shall apply with all necessary changes to it being considered to have
been made to give effect to the intent of this paragraph 4.7(4).
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural Control Standards as
contained in Schedule "W' hereto.
4.9 Requirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not
sell the Lands or anyone (1) or more portions of the Lands until each of the following
conditions is satisfied:
(a) the transfers of easements referred to in paragraph 2.4 have been registered in
accordance with paragraph 2.6;
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(b)
(c)
Page 31
where a building permit has not been issued in respect of a.Iot(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;
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(6), 4.12(8) and Article 7 in respect of the
obligations of subsequent owners;
4.10
Requirements for Occupancy Permit
(1)
Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the
Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written permission of the Town (the "Occupancy Permit")
having been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(a) all of the roads which are required to be constructed under this Agreement,
and which will provide access to such building, have received the application
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Page 32
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) an of the storm drainage system required to be constnlcted 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 1{'1, have been so constructed, installed and
connected to the written satisfaction of the Director, the Newcastle Hydro.
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the 10t(s) or block(s), on which sucb 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 10t(s) or block(s) in
question; and
(f) the bullding has been finally inspected and approved pursuant to the Ontario
Building Code Act, the Ontario Building Code and the Plumbing Code.
(2) The Owner agrees with the Town that prior to the issuance of a "Temporary
Oceupancy Permitll referred to in Section 4.10(3), the Owner through its qualified
Acoustic Engineer approved by the Director of Planning, has confirmed, in writing
to the Director of Planning, that the dwelling in question has been constmcted in
accordance with the approved "Final Noise Impact Study' referred to in paragraphs
4.12(4) and 4.12(10) of this Agreement.
(3) Notwithstanding the provisions of paragraph 4.10(1)(e), the OWner may be issued
al'Temporary Occupancy Permit" to pennit the occupancy of a dwelling in the event
the Owner estabUshe.~ to the satisfaction of the Director of Planning that it has not
been able to comply with the requirements of paragraph 4.10(1)(e) by reason of
seasonal, weather or other conditions which are considered by the Director of
PlanniD& 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
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establish. to the satisfaction of the Director of Planning that the provisions of
paragraphs 4.10(1)(a)t (b)t (c)., (d) and (f) have been satisfied. The Owner also shall
pr,()VJoe to the Town the written confirmation required by paragraphs 4.10(1)(e)
within one (1) year from the date oIthe commencement of the temporary occupancy
of the dwelling pursuant to a Temporary Occupancy Permit. Until such written
certifime is provided to the Town. the Town may retain the Occupancy Permit
O,posit provided for by paragraph 3.16 of this Agreement.
4.11 NIt ~.
4.12 ~'ll,~nditi9tlf
(1) The Owner shall implement those noise control measures as recommended in the
"Noise l!rnpact Study* (as hereafter defined) which are described as "Recommended
Abatement Measures'. in paragraph 4.12(4) of this Agreement.
(2) During'construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
(3) Itt cases in which the w~11 or private water supply of any pellon i.c; interfered with
either as, a result of the grading of. construction on, or the development of the Lands
01' any ponion 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 tbe
tnunicipal water supply system or shall provide a new well or private water system
sdthatwater supplied to the affected person shall be of quality and quantity at least
equal to the quality and quantity of water enjoyed by the affected person prior to the
interference.
(4) 'Tl1e . Owner shall implcmtent the specific noise recommendations contained in the
approved Noise Im.p.actStudy for Plan of Subdivision 18T-90041 dated October, 1991
as prepared by a.M. Sernas & Associates Ltd. (the "Noise Impact StudY') including
those specific items noted below:
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Page 34
Summary of Recommended Abatement Measures
Number
Lot
Abatement Measures
Location
1
lLU*
Provision for Central AIC
Warning Clauses "A" & "B"
Moyse Drive
2
3
*
L-
R-
(5)
Block 11 U
Unit G and F
Provision for Central AIC
Warning Clause "B"
Noise Barrier
Moulton Court
Block 10 U
Unit G and F
Provision for Central AIC
Warning Clause "B"
Noise Barrier
Moulton Court
**
Warning Clause "A"
Warning Clause "B"
Warning Clause "A" and "B"
Left side of Semi-detached Lot (from road)
Right side of Semi-detached Lot (from road)
***
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 Plan:
Lot lL
"Purchasers are advised that noise levels due to increasing road traffic may
continue to be of concern, occasionally interfering with some activities of the
dwelling occupants."
(6) The following Warning Clause "B" regarding outdoor noise levels shall be attached
to all Offers of Purchase and Sale of dwellings for the following lots on the Plan:
Lots lL; Block 11 Unit G and F; Block 10 Unit G and F
"This 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)".
(7) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
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(8) The Owner shall implement the recommendations contained in the Noise Impact
Study. Without limiting the foregoing, the Owner shall:
(a) construct one point eight (1.8) metre high acoustical noise barrier fencing on
the relevant lots and blocks referred to in and in accordance with tbe Noise
Impact Study;
(b) place on title appropriate warning clauses for each of tbe lot(s) or block(s)
in question in accordance with paragraphs 4.12(5) and 4.12(6); and
(c) by implementing the construction techniques described in the Noise Impact
Study, construct each dwelling in accordance with that Study.
(9) Any dead ends and I or open side of road(s) allowances created by draft Plan of
Subdivision 18T-90041 shall be terminated in zero point three (0.3) metre reserve(s)
which shall be transferred to the Town. Paragraphs 2.5 and 2.6 apply in respect of
such transfers with all changes necessary being considered to have been made to
them and give effect to this paragraph 4.12(9).
(10) Prior to the issuance of a building permit for a dwelling proposed to be constructed
on any of the lots referred to in paragraphs 4.12(4) and 4.12(8) 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.
(11) Prior to the issuance of a building permit for any dwelling proposed to be
constructed on any of Lots 1 to 7, inclusive, the Director shall have given the Owner
written notice that he is satisfied that Block 15 on draft Plan of Subdivision 18T-
90041 is of a sufficient size to accommodate the "Future Detention Pond Site" (as
hereafter described).
(12) The Owner at the Owner's expense is responsible for all costs associated with the
lifting of the 0.3 metre reserves abutting Lots 1 to 7 inclusive, and abutting Blocks
11, 12 and 13, all as shown on the 40M Plan.
ARTICLE 5 - PUBLIC WORKS
5.1 Town Works Required
The Owner at the Owner's expense, shall construct and install the facilities, services,
works, improvements and landscaping more particularly described in Schedule "G" hereto
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Page 36
(which in this Agreement collectively are called the "Works"). From the date of the
commencement of the construction and installation of the Works until the date of issuance
of a Certificate of Acceptance of them the Owner shall be fully responsible for the
maintenance of the Works including the cost thereof. After the issuance of a Certificate
of Acceptance, the Works referred to in such Certificate shall be the responsibility of the
Town.
5.2 Utilities and Senices Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the Newcastle Hydro-Electric Commission andlor such other
authority or company having jurisdiction in respect of the Utilities and Services referred to
in Schedule "H" in the area in which the said Lands are located which provides for the
matters referred to in Schedule "H".
5.3 O\\ner's En~neer
The Owner shall retain a Professional Civil Engineer, registered by the Association
of Professional Engineers of Ontario (the "Owner's Engineer") who shall perform the duties
set out in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the
Director written notice of the name and address of the Owner's Engineer. The Parties
acknowledge that G.M. Sernas and Associates Ltd. 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 2.6 shall
apply in respect of any such transfers of easements with all necessary changes to
being considered to have been made to give effect to the intent of this paragraph
5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of
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Page 37
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.
5.5 Approval of En~neering Drawines
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 Dra\\ings"). If construction and installation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). From and after the approval by the Director of the
Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them.
5.6 Approyal of Gradine 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 Staging of Construction
Prior to the commencement of construction and installation of any of the Works, the
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Page 38
Director, in his discretion, may give written notice to the Owner requiring that the Owner
prepare and $ubmit 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 "]" 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 "]" prior to the
issuance of an Authorization to Commence Works in that stage.
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Page 39
5.10 Requirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to satisfying
all the other requirements of this Agreement in respect thereof, an Authorization
to Commence Works shall not be issued for any of the Works for which the
Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the lands has been approved by the Region
pursuant to the Planning Act, 1983;
(b) the final Plan of Subdivision of the Lands has been registered against the title
to the Lands;
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as
registered against the title to the Lands; (2) a copy(s) of the registered Plan
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Town in accordance
with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands in accordance with
paragraph 2.5 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, andlor 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;
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Page 40
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(j) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2
of this Agreement;
(k) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
(1) Not Used
(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;
(0) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
(p) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule ilK" of this Agreement;
(q) the Owner has paid all costs required to be paid to the Town by paragraph
3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works;
(r) the Owner has deposited with the Director 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; and
(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.
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Page 41
(2) Notwithstanding the provisions of paragraph 5.10(1). the Owner may commence the
coAst1'Uetion and installation of the Works with the written approval of tbe Director
prior to ' the registration of the Plan of Subdivision referred to in p8l'agraph
5.10(1)(b), provided that the requirements of clauses S.IO{l)(d), (g), (h), (i), 0), (k).
(1), (11'1)"(n), (0), (P), (q); (r) and (s) have been satisfied by the Owner. In such a
case"bowever, a Cortifleate of Aecoptanee of the Works, shall not be issued by the
DU:<<toruatiJ a Plan of Subdivision of the Lands has be,en registered against the title
to tht Lands and all the other requirements of this Agreement respecting the
issuance of a Certificate of Acceptance have been satisfied. Notwithstunding the
aPPt""al of the Director under this paragraph 5.10(2), the Owner agrees with the
T<>wn tlat the construction or installation of any of the Works pursuant to paragraph
S.IO(l), 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 constroction and
i:nsta11ation of any of the Works.
5.11 RN....~Jl(' tor CO.....@lceQ)~'~ of SQbsecpent S~8aeS qf Wotks
Notwithstanding any other provision of thia Agreement, if the Director has approved
a Staging Plan for the saidLands~ 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 pa.rtkular stage defined in the Staging Plan, an Authorization
to Commence Work.It for any subsequent stage of the Staging Plan shall not be issued until:
(a) the Stage Cost Bstimates for such st.age bas been approved by the Director
and entered in SclteduJe If 1" bereto; and
(b) the Owner has deposited with the Town the Performance Guarantee applying
to the stage. for which the Owner is $eeking such Authorization to Commence
Works.
5.12 1us,pl$tlf08l\4 810' Wf)r!s
The Owner shall ensure that every contract that may be made by the Owner with
any contractor to construct or install any of the Works shall provide that employees or
representatives of the Town may. at any time, inspect the work of such contractor and shall
require the eQDtractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give
the Owner, if it does not retain a contractor, or if it does, the Owner's contractor. a written
order to stop any work that is being undertaken if, in the Director's opinion, either the work
is not beiq undertaken such that a completed construction and installation of the Works
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Page 42
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 Drawin&s
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until all Works contemplated by this Agreement including the "Storm Sewer
Work" (as hereinafter defined) have been completed. After the expiry of twenty-
four (24) hours following the giving of written notice requiring the Owner to do so,
if the Owner has not performed its obligations under this paragraph 5.13(2), the
Town may do so and deduct the reasonable cost thereof from the Performance
Guarantee. The Owner shall restore the Performance Guarantee to the amount
otherwise required by this Agreement, forthwith after the Director gives the Owner
written notice of the amount of the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the curbs,
sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
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Page 43
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 a management fee
to the Town either of thirty (30%) percent of the contractor's charges to the Town
(including any charges for overhead and profit) or, if such work is undertaken by the
Town, thirty (30%) percent of all costs incurred by the Town to complete the Works
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Page 44
in question. The Owner shall reimburse the Town for the cost of all Works, and the
cost of correcting or remedying all deficiencies, defects and defaults pursllan.t to tbis
paragraph 5.17(1) which have been incurred by the Town forthwith after the Director
gives the Owner written demand for payment of such cost.
(2) In the event that any construction liens are filed under the Construction Lien Act,
such filing(s) shall constitute a default in performance by the Owner of this
Agreement. In any such case, the Director may notify the Owner in writing of such
default. If the Owner fails to discharge the lien claimant within ten (10) business
days, excluding Saturdays, after the giving of such notice, or within such further
period of time as may be specified in the notice, then the Town may pay the full
amount of the claim and costs into a Court of competent jurisdiction. The Town is
hereby authorized by the Owner to draw on and appropriate the whole or any
portion(s) of the Performance Guarantee to indemnify the Town against the costs
and expense so incurred by the Town. In the event that the Town draws on and
appropriates any portion of the Performance Guarantee to satisfy the claim of any
one (1) or more construction lien claimants and costs, forthwith after the Director
gives written notice to the Owner requiring it to do so, the Owner shall reinstate
the Performance Guarantee andlor the Security for the Maintenance Guarantee, as
the case may be, to the full amount(s) required under the provisions of this
Agreement.
5.18 Entry for Emergency Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors retained by
the Town may enter on the said Lands for the purpose of making emergency repairs to any
of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of
the Works by the Town, nor an assumption by the Town of any responsibility or liability
in connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 Damage to Existine Semces
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any
property or services of the Town, the Region, or any utility authority or company or (the
"Damaged Services") including without limiting tbe generality of the foregoing, any road(s),
water, electrical, gas, telephone, cable television and sewer systems, and the cost of
relocating any Damaged Services, caused by or resulting from the development of anyone
(1) or more portions of the Lands, or the construction or installation of any of the Works,
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Page 45
provided that all such repairs and or relocation(s) are completed to the satisfaction of the
Director, the Region and the relevant utility authority or company which owns or is
responsible for the Works, property or services in question. In addition, the Owner agrees
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in the
opinion of the Director will interfere with the use of the driveway in question, forthwith
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Damal:e to Neil:hbourinl: Wells
(1) Prior to the commencement of and during the period of construction or installation
of the Works, the Owner shall cause to be carried out, at its expense, the ground
water monitoring program which has been approved by the Director pursuant to this
paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be
prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall
be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
Director for his consideration and approval. After the Monitoring Program has been
approved, it shall be implemented by the Hydrogeologist. The Monitoring Program
shall describe the number and location of the piezometric observation wells which
are to be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Town, as well as such other
matters as the Director considers to be appropriate. After the draft Monitoring
Program has been approved by the Director with or without such modification(s) as
he may consider appropriate, it is the "Monitoring Program" for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Town, forthwith after a written request therefore is given to the Hydrogeologist by
the Director, a copy of all data collected and all analyses made in connection with
or implementation of the Monitoring Program. Forthwith following the completion
of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to
the Director, at no cost to the Town, a copy of all data collected and all analyses and
reports made by the Hydrogeologist in connection with or 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,
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Page 46
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragraph 5_20(2), have been
provided to him. In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
each and every occurrence of apparent well interference caused by construction
activity within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If after considering a report thereon from the Director in this regard, Town Council
determines that the well or private water supply of any person(s) outside the Lands
is interfered with or dewatered as a result of the construction or installation of the
Works:
(a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of the Town
Council, the Owner shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); or
(b) where in the opinion of the Town Council the interference to a well or private
water supply is of a long term duration, at the option of the Owner and at
its cost, the Owner shall connect the affected party's property to the Town
water supply system or provide a new well or private water system for such
affected party(s) so that water supplied to the affected party's property shall
be of a quality and quantity at least equal to the quality and quantity of water
enjoyed by the affected party(s) prior to the interference,
as may be required by the Town Council by written notice given to the Owner.
(4) If the Director gives written notice to the Owner that he has reason to believe that
the well or private water supply of any person(s) outside the Lands is interfered with
or dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Owner shall cause the quantity of potable water
considered to be appropriate by the Director to be supplied to the affected person(s)
free of charge either until such time as the Town Council, after considering a report
thereon from the Director, decides that the well or private water supply in question
has not been interfered with or dewatered as a result of the construction or
installation of the Works, or until such time as the Owner performs his obligation
under paragraph 5.20(3), as the case may be.
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Page 47
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portion(s) of the Lands on
which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the Owner maintain
the Works, if any building(s) on the said Lands is occupied, the Owner, at the
Owner's cost, shall maintain each road(s), which is required to be constructed and
provides access to such building(s), until a Certificate of Acceptance has been issued
for such road(s), and without limiting the generality of the foregoing, the Owner
shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildings; and
(c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the
Town is not required by law to repair and maintain, to the satisfaction of the
Director.
(2) The Town agrees to snowplough and sand 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 tbe Town, the Owner shall pay to the Town one hundred
(100%) percent of the costs of snowplougbing and sanding such road(s), as
determined by the Director, from time to time, and forthwith after being given
written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or 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)
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Page 48
shall not be deemed to have been assumed until both a Certificate of Acceptance
has been issued, and a By-law has been passed by Town Council dedicating the
road(s) as public highway(s) and assuming it for the purpose of liability to repair and
maintain it as provided by the Municipal Act, and such By-law has been registered
in the Land Registry Office.
5.23 Requirements for Certificate of Completion
The Owner acknowledges and agrees that the construction and installation of any
of the Works authorized in an Authorization to Commence Works shall not be deemed to
be completed for the purposes of this Agreement until the Director has provided the Owner
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until:
(a) such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is required, have been inspected by the
Director, and he is satisfied such Works have been constructed and installed
in accordance with the Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all of
the Works authorized by such Authorization to Commence Works, that there
are no outstanding construction lien claims for payment by contractors,
subcontractors, suppliers of services or materials or workmen relating to the
construction and installation of such Works.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted, for the purpose
of this Agreement, until the Director has provided the Owner with written certificate that
they have been accepted by the Town, "(the Certificate of Acceptance)". In addition to
satisfying the other requirements of this Agreement respecting its issuance, a Certificate of
Acceptance shall not be issued until all of the Works that are proposed to be covered by
such Certificate of Acceptance have been inspected by the Director and the Town Council
has approved the written report of the Director that all such Works have been maintained
to the approval of the Director for the relevant period set out in paragraph 3.10(3) of this
Agreement, all deficiencies and defects in the Works have been corrected by the Owner,
and the Works should be accepted by the Town.
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Page 49
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim thereto, other than as an owner of land abutting a highway in which such
Works are installed.
5.26 ReQuirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner
with a written release (the "Certificate of Release") respecting the Lands, for which a Plan
of Subdivision has been registered. The Certificate of Release shall be in a form suitable
for registration or deposit in the proper Land Registry Office. In addition to the Owner
satisfying the other requirements of this Agreement respecting the issuance of a Certificate
of Release, the Certificate of Release shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained
by the Owner at the Owner's expense has provided the Town with written
confirmation that at a date not earlier than the end of the longest of the
maintenance periods set out in paragraph 3.10(3) for any of the Works, he has
found, placed or replaced all standard iron bars shown on the registered final
Plan of Subdivision of the Lands and has found, placed or replaced all survey
monuments at all block corners, the end of all curves, other than corner
roundings, and all points of change in direction or road(s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement.
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 Not Used
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Page 50
5.28 S.tornn:V9ter:,:~~bnsu~~mel1t CO.ntribution
(1) The Owner agrees to pay the Owner's share of the cost, as determined by the
Director, of implementing the "East (Macourtice) Tributary Black Creek Master
Drainage Study" draft dated November 1990 and more particularly described in
Schedule "P-2"" hereto, as finally approved by and on file with the Director (the
"Stormwater Management Contribution") On or prior to the exercise of the Option
to purchase the Future Detention Pond Site as defined in and in accordance with
paragraph 2.16 of an Agreement made between the same parties as the Parties to
this Agreement, notice of which has been deposited in the Land Registry Office as
Instrument No. NL34844 (the "Agreement for Phase 1"), the Director shall give the
Owner written notice of the aforesaid Owner's share of the cost as determined by
the Director. The amount of the Stormwater Management Contribution will be
deducted from the consideration which the Town will be required to pay the Owner
under the agreement of purchase and sale of the aforesaid Future Detention Pond
Site, if the aforesaid Option is exercised. The Owner will not seek any credit or
rebate which in any way takes into account the Stormwater Management
Contribution from or in respect of a development charge imposed by a Development
Charge By-Law which the Town Council may pass pursuant to the Development
Charges Act, 1989, or in any other manner, or for any other reason.
(2) Forthwith after the Director give the Owner written notice requiring it to do so, the
Owner shall enter into a "Front-Ending Agreement" (as defined in the Act) with the
Town and any other person specified by the Director to provide for the payment of
a portion of the costs of the implementation of the recommendations contained in
the Study referred to in paragraph 5.28(1) by the Owner and other persons within
the Benefitting Area for the Works referred to in the Study, provided that the
Director shall not give such notice prior to the enactment of a Development Charge
By-Law by the Town Council under the Act, and provided further that if at the date
of making of the Front-Ending Agreement referred to in this paragraph 5.28(2), the
Owner has paid the Stormwater Management Contribution to the Town in
accordance with paragraph 5.28(1), the Owner shall be given credit for the
Stormwater Management Contribution in respect of its liability to make a "Front-
End Payment" (as defined in the Act) under the Front-Ending Agreement.
(3) The Owner agrees with the Town that if the Town passes a Development Charge By-
Law applicable to lands which include the Lands which comes into effect, and the
development charge imposed thereby is based on the Net Capital Cost of Services
that results or will result from development in all or a defined part or parts of the
Town, the Owner will not object to such By-Law, nor complain under the Act of the
development charge imposed by the By-Law, or the amount of the development
charge that the Owner or any other person is required to pay in respect of
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Page 51
development of the wl:u~le nT.any 9ortion of the Lands, on the ground that the cost
of implementing the Study referred to in paragraph 5.28(1), or the Owner's covenant
to payor the payment of the Stormwater Management Contribution, or the
appropriateness of the amount that any other person is required to pay in respect
of development of the whole or any portion of the lands which may benefit from the
implementation of the aforesaid Study, or has or has not been included in the
development charge imposed by the By-Law, or the development charge should have
been imposed in respect of a different defined area(s) of the Town or the whole
Town.
5.29 Cost of Works Referred to in Schedule "G"
(1) The Works required to be constructed and installed by the Owner at his cost are set
out in Schedule "G" hereto. The Owner acknowledges and agrees that it will pay the
total cost of such Works. The Owner will not seek any credit or rebate for or of any
part of the total cost of these Works by reason of any of them being oversized to
accommodate drainage or traffic from lands outside the limits of the Lands, whether
from or in respect of a development charge imposed by a Development Charge By-
Law which Town Council may pass pursuant to the Development Charges Act, 1989,
or in any other manner, or for any other reason.
(2) If the Town passes a Development Charge By-Law applicable to land which include
the Lands and which comes into effect, the development charge imposed thereby is
based on the Net Capital Cost of Services that results or will result from
development in all or a defined part or parts of the Town, the Owner will not object
to such By-Law, nor complain under the Act of the development charge imposed by
the By-Law, or the amount of the development charge that the Owner or any other
person is required to pay in respect of development of the whole or any portion of
the Lands, on the ground that the cost of implementing the Study referred to in
paragraph 5.28(1), or the Owner's covenant to payor the payment of the cost of the
Works referred to in Schedule "G", or the amount that any other person will be
required to pay in respect of development of the whole or any portion of the lands
to which the By-Law applies has been paid by the Owner, or is required to be paid
by the Owner pursuant to this Agreement, or has or has not been included in the
development charge imposed by the By-Law, or the development charge should have
been imposed in respect of a different defined area(s) of the Town or the whole
Town.
5.30 Not Used
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Page 52
ARTICLE 6 - COMPLIANCE WITH 9F,qrTTo\11oNS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all Provincial regulations of general application and all by-laws
of the Town and the Region.
ARTICLE 7 - RESPONSIBILITY OF SUBSEOUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at its cost:
(a) it shall be responsible for providing and maintaining adequate drainage of
surface waters from such lot(s) or block(s) in accordance with the approved
Lot Grading and Drainage Plans referred to in paragraph 5.6 herein;
(b) it shall be responsible for compliance with the terms of paragraph 4.6
"Requirements for Building Permits" of this Agreement if, at the date of
issuance of the Certificate for Release, a building permit has not been issued
for the lot(s) or block(s) in question; and
(c) it shall be responsible for the maintenance of fencing required in Schedule
"G" and paragraph 4.12(6) of this Agreement.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT
The Owner and the Mortgagee acknowledge and agree that the Town has authority
to enter into this Agreement, that every provision hereof is authorized by the law and is
fully enforceable by the Parties, and that this Agreement is made by the Town in reliance
on the acknowledgement and agreement of the Owner and the Mortgagee as aforesaid.
11
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IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorizedijpthit>behalf.
:-:~~~c~~ ..'.. .:%1;0.
,;-'-<~ ."~t.'\'/,~Ao1-":'-:'~'
THE CORPORATION OF,:'tijE t~'r
CASTLE f'....... ........... ~.l'-t('t.. .
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SIGNED, SEALED AND
DELIVERED
/
In the presence of:
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Page 53
>
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Name Chai Po Man Tide President
Name
Title
CANADA TRUSTCO MORTGAGE COMPANY
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N'ame:NORMA TREY' AN Title:
A"UTHOJ;l17l:0 mr;N1NG o....FIl::d
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Name: SHEILA KENNON Title:
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SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
LEGAL DESCRIPTION OF LANDS
All and singular that certain parcel of land and premises, situated, lying and being in the
Town of Newcastle and the Regional Municipality of Durham, and being comprised of
Block 77 on Plan of Subdivision registered as Plan 40M-1675 in the Land Registry Office
for the Land Titles Division of Whitby (No. 40) (the "Land Registry Officefl).
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SCHEDULE "8"
THIS SCHEDULE IS SCHEDULE "8" to the Agreemelh which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
PLAN OF SUBDMSION
(Insert reductions or Plan 18T-90041 and the 40M Plan)
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leT- 90041
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PLAN
40M-
?LAN OF" SUBDIVISION
OF PARTS OF
BLOCK 77
PLAN 40M -1675
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
METRIC
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1991
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PROPOSED
DRAFT PLAN
OF SUBOIVlSION
PART Of" LOT 28.
CONCESSION 2
TOWN OF NEWCASl1-E
REGIONAL NUl/IOP.urtY aF _\I
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SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
(Paid prior to Execution)
(Paid prior to Execution)
(Paid prior to Execution)
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SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
DEVEWPMENT LEVIES
Without fettering in any way the Town Council in the exercise of its discretion to
pass a Development Charge By-law under the Development Charges Act, 1989, which
imposes a development charge as permitted by that Act in respect of the development of
lands in all or part of the Town including the Lands, after the date of this Agreement, the
Owner agrees to pay to the Town amounts of money (the "Development Levies") calculated
by multiplying two thousand, nine hundred and seventy-four ($2,974.00) dollars by the
number of single family dwellings or semi-detached dwellings and by multiplying and two
thousand seven hundred and thirty ($2,730.00) dollars by the number of townhouse
dwellings which the Owner proposes to construct on the Lands, exclusive of Block 78 on
draft Plan of Subdivision 18T-90041 (the "Future Development Block"). The Owner shall
make the following payments on account of Development Levies to the Town in respect of
development of the Lands, exclusive of the Future Development Block, consisting of zero
(0) single family dwellings; fourteen (14) semi-detached dwellings; and thirty-eight (38)
townhouse dwellings on the occasions set out below. The aggregate amount so payable is
one hundred and forty-five thousand, three hundred and seventy-six ($145,376.00) dollars.
(i) Twenty-five (25%) percent of the aforesaid aggregate amount, being thirty-
six thousand, three hundred and forty-four ($36,344.00) dollars on the
execution of this Agreement.
(ii) Twenty-five (25%) percent of the aforesaid aggregate amount, being thirty-
six thousand, three hundred and forty-four ($36,344.00) dollars on the date
of the issuance of a building permit for the first (1st) dwelling proposed to
be constructed on the Lands.
(iii) Twenty-five (25%) percent of the aforesaid aggregate amount, being thirty-
six thousand, three hundred and forty-four ($36,344.00) dollars on the earlier
to occur of the first (1st) anniversary of 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 twenty-eighth (28th)
dwelling proposed to be constructed on the Lands.
(iv) The balance of the aforesaid aggregate amount being thirty-six thousand,
three hundred and forty-four ($36,344.00) dollars on the earlier to occur of
the date of expiry of the twenty-four (24) month period which commences on
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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 buildrmit for
the twenty-eighth (28th) dwelling proposed to be constructed on the Lands.
(iv) The balance of the aforesaid aggregate amount being thirty-six thousand,
three hundred and forty-four ($36,344.00) dollars on the earlier to occur of
the date of expiry of the twenty-four (24) month period which commences on
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 forty-second (42nd) dwelling proposed to be construction 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 payable hereunder in
accordance therewith.
(b) The Owner hereby acknowledges and agrees to such annual adjustment and
further agrees that such adjusted Development Levies shall be applicable to
alllot(s) or block(s) within the Plan of which Development Levies remain
due at the date of each such adjustment.
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 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.
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SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 91-3 of the Corporation of the Town of Newcastle,
enacted and passed the }4th day of January, 1991.
TRANSFERS OF EASEMENTS
(1) The Owner shall transfer or cause to be transferred to the Town easements to
accommodate any work provided for in the approved Engineering Drawings or the
Reapproved Engineering Drawings in lands located in a Phase Subsequent to Phase
I of the Development of the Lands or beyond the limits of the Lands as may be
required by and to the satisfaction of the Director by notice given in writing to the
Owner prior to the registration against title of the 10M Plan of subdivision for the
Phase in question. The Director shall determine the duration and terms of any such
easements. The transfers shall be prepared by the Owner at its cost, shall be free
and clear of all encumbrances and restrictions, shall contain other provisions
satisfactory to the Town's solicitor, shall be made for a nominal consideration, and
shall be in registrable form. Prior to the registration of the transfer(s) of such
easements against the title to the applicable lands, the Owner agrees with the Town
that it will not require the issuance of building permits for the construction of
buildings or structures on the portion of the lands within the 10M Plan of
Subdivision is question. Paragraphs 2.4 and 2.6 shall apply in respect of the transfers
with all necessary changes to them being considered to have been made to give effect
to the intent of this paragraph (1).
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SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
LANDS TO BE TRANSFERRED TO TOWN
(1) Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town, transfers
in fee simple absolute of the following lands shown on the 40M Plan:
NIL
(2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes:
NIL
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SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
WORKS REOUIRED
1. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage system,
satisfactory to the Town, for the removal of existing upstream storm water and storm water
originating within the said Lands, including storm sewer mains, manholes, service
connections, catchbasins and leads, open channels, storm outfa1ls and any other
appurtenances 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 2.3 and 2.5 of this
Agreement.
2. ROADS
The Owner shall construct and install the following 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, in
accordance with the Town's Design Criteria and Standard Drawings.
(d) The Owner shall construct, install and maintain complete sidewalks shown on the
approved Engineering Drawings in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings.
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(e) The n.r~'Ile:r ~hall grade and pave all driveways between the curbs and sidewalks in
accordance with the Town's Design Criteria and Standard Drawings and 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 lots lines in accordance with the
Town's Standard Drawings and Design Criteria.
(f) The Owner shall construct, install, energize and maintain Street Lighting, in
accordance with the Town's specifications on all streets and walkways in this
Agreement, to the satisfaction of the Director.
(g) The Owner shall install the topsoil and sod of the boulevards between the curbs and
the property line on all allowances for road( s) shown on the final Plan of Subdivision
of the Lands as approved under the Planning Act, 1983, 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.
3. CONSERVATION WORKS
In addition to the work required by Schedule "Q", the Owner shall construct, install and
maintain certain conservation works within this Plan, such as retaining walls, drainage
channels and watercourse channelization works, including all appurtenant fences and all
other apparatus, in accordance with the approved Engineering Drawings.
4. GRADING AND DRAINAGE PLAN
The Owner shall rough grade the Lands in accordance with the Grading and Drainage Plan,
to the satisfaction of the Director forthwith following the Director giving the Owner written
notice requiring it to do so.
5. LANDSCAPING
(a) The Owner shall complete and install all landscaping requirements for the roads and
pedestrian walkways provided for in this Agreement and the installation of fencing
in accordance with the approved Landscaping Plan.
(b) The Owner shall provide, plant and maintain, under the supervision of a qualified
nurseryman or horticulturist the tree and shrub planting requirements provided for
in this Agreement in accordance with the Landscaping Plan.
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SCHEDULE "G-l"
THIS SCHEDULE IS SCHEDULE "G-l" to the Agreement which has
been authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
STAGING PLAN
(To be attached)
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REVISIONS
DESCRIP1IQtt OAtt BY
lHE CORPORAl1ON OF THE TOWN OF NEWCASllE
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MACOURTICE GARDENS STAGE n
18T-t0041
GENERAL PLAN
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REVISIOHS
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BENllY KOllTEKAAS .t:
ASSOC/Kl'ES_
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SCHEDULE "H"
THIS SCHEDlTY "7' ~~ .....'SHE~UL~ "H" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
UTILITIES AND SERVICES REOUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of an electrical supply system to serve the Lands,
in the locations as approved by the Director. All electrical services are to be
installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction for the
design, provision and installation of a complete street lighting system to serve the
said Lands on behalf of the Town in whose ownership the system shall vest upon
acceptance of the Works including all appurtenant apparatus and equipment, in the
locations as approved by the Director. The Owner shall furnish written evidence
satisfactory to the Director that such arrangements have been made prior to the
issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited andlor Bell Canada
for the design, provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas supply system to serve the said Lands, including
gas mains, and all appurtenant manholes, laterals, service connections, apparatus and
equipment in the locations as approved by the Director.
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5.
CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority to
provide its services within the area of the Plan of Subdivision for the design,
provision and installation of a complete cable television distribution system to serve
the said Lands. All cable television services are to be installed underground.
6.
MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said Lands, in the location as approved by the
Director.
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SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's Engineer shall
prepare drafts of the following for the consideration and approval of the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
( c) the Landscaping Plan;
(d) the Schedule of Work;
( e ) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, or documents or from liability for any damage or loss caused or
resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The Owner's Engineer is hereby authorized by the Owner and shall act as the
Owner's representative in all matters pertaining to the construction and installation
of the Works and shall co-operate with the Town to obtain the necessary approvals
for construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and inspection
staff to provide continuous inspection service during all phases of the construction
and installation of the Works and the private works and to perform the following:
(a) provide field layout including the provision of line and grade to the
contractors and, where required, restaking;
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(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
(c) arrange for or carry out all necessary field testing of materials and equipment
installed or proposed to be installed at the request of the Director;
(d) provide co-ordination and scheduling of the construction and installation in
accordance with the timing provision contained herein and the requirements
of the Director;
( e) investigate and report to the Director any unusual circumstances which may
arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction and
installation, required to modify the Engineering Drawings to produce the as-
constructed drawings.
4.
MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the construction and
installation and make them available for examination by the Director as required
by the Director.
5.
PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of the
construction and installation on a monthly basis, or at such other interval as
approved by the Director.
6.
PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit as-constructed drawings required
by the Director for the approval of the Director.
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SCHEDULE ".I"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved By-law No. 91-194 of the Corporation of the Town of Newcastle,
enacted and passed on the 18th day of November, 1991.
WORKS COST ESTIMATES
STAGE 1
1. STORM SEWERS
2. ROADS - YEAR 1
3. ROADS - YEAR 2
4. STREET TREES
5. STREETLIGHTING
6. NOISE BARRIER FENCING
7. SILTATION CONTROL
8. GRADING (R.O.W. & FUTURE LOTS)
SUB-TOTAL
5% CONTINGENCIES
$ 39,970.25
$ 33,492.50
$ 38,587.50
$ 15,600.00
$ 5,250.00
$ 12,000.00
$ 500.00
$ 12,150.00
$ 157,550.25
$ 7,877.51
$ 165,427.76
$ 16,542.78
$ 181,970.54
$ 181.970.54
SUB-TOTAL
10% ENGINEERING
TOTAL ESTIMATED COST OF SERVICES:
TOTAL VALUE OF PERFORMANCE GUARANTEE:
The Performance Guarantee for the Works is based on the preliminary Works Cost
Estimates which have been submitted to the Director by the Owner's Engineer and
approved by the Director. When the Engineering Drawings and the Landscaping Plan have
been approved by the appropriate Director as is required by this Agreement, a revised
Work 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 to by the Director in adjusting the Performance Guarantee, in the
event of an increase or decrease in the Works Cost Estimates.
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SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
INSURANCE REOUIRED
1. 1YPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly referred
to as public liability and property damage with an insurance company approved by
the Town's Treasurer and licensed in Ontario to underwrite such insurance. Such
policy or policies of insurance shall indemnify the Town against all damage or claims
for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(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 eitheres
that at any time and from time to time, employees or representatives of the
Town who are authorized by the Director, or contractors retained by the
Town may enter on the said Lands for the purpose of making emergency
repairs to any of the Works. Such entry and repairs shall not be deemed to
be an acceptance of any of the Works by the Town, nor an assumption by the
Town of any responsibility or liability in connection therewith, or a release
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by the Town of the Owner from any of its oaccident or occurrence or series
of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or them
by the Town shall not be construed to relieve the Owner from responsibility for
other or larger claims for which it may be held responsible.
3.
EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
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SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
REGULATIONS FOR CONSTRUCfION
1. REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director
permission to carry out the blasting operation.
2. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for construction
purposes and such topsoil must remain within the limits of the said Lands.
3. DUMPING OF FILL OR DEBRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the said
Lands, or to remove or permit to be removed any fill from any land to be transferred
to the Town, other than the roads within the limits of the said Lands, without the
written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
The Owner shall remove and dispose of all construction garbage and debris from the
said Lands in an orderly and sanitary fashion in a dump site off the said Lands and
approved by the Director. The Town shall not be responsible for the removal or
disposal of garbage and debris. The Owner shall deliver a copy of this clause to
each and every builder obtaining a building permit for any part of the said Lands
and to ensure that no burning of construction garbage or debris is permitted on the
said Lands.
5. QUALITATIVE AND QUANTITATIVE TESTS
The Owner agrees that the Town may have qualitative or quantitative tests made of
any materials or equipment installed or proposed to be installed on the direction of
the Director. The costs of such tests shall be paid by the Owner.
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6.
MAINTENANCE. CWSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times shall ensure that all public roads
abutting the said Lands and all public roads used for access to the said Lands, during
any construction on the said Lands, are maintained in a condition equal to that now
existing and to the approval of the Director. The Owner shall maintain at all times,
all such roads free of dust and mud originating from the said Lands during the
course of construction. If damaged, the Owner agrees to restore immediately, and
at its own expense, such road to a condition equal to that existing at the time of such
damage and to the approval of the Director. No public road outside the limits of
the said Lands shall be closed without the prior written approval of the authority
having jurisdiction over such public road. The Owner shall not use or occupy any
untravelled portion of any public road allowance without the prior written approval
of the Town or authority having jurisdiction over such public road allowance.
7.
MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any road required to be
constructed under this Agreement, the Owner shall remove any contamination of the
granular base course and repair and replace such base course, where necessary, to
the approval of the Director, in order that the construction of such road shall not
have suffered due to any use of the granular base course as a temporary road.
Prior to the placement of the surface of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base course of asphalt
and repair and replace such base course where necessary.
Until the roads on the Lands are assumed by the Town, the Owner shall maintain
all internal roads in a condition acceptable to the Director, and shall ensure that
such roads are free of dust and mud at all times to the satisfaction of the Director.
8.
WEED AND RAT CONTROL
After the commencement of construction, the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
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SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
USE OF THE LANDS
The Owner agrees that the said Lands shall not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON 40M PLAN
PERMITTED LAND USE
Lots 1 to 7 inclusive
Blocks 8 to 13 inclusive
Residential in accordance with
Zoning By-Law 84-63, as amended
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SCHEDULE "N"
TJ-IIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
LANDS UNSillTABLE 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 andlor any other Authorities having jurisdiction.
WT OR BWCK NUMBER
ON 40M PLAN
LAND USE
Lots 1 to 7 inclusive
See paragraphs 4.12(11 and 4.12(12) of
this Agreement.
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SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
LANDS REOUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an
application for a building permit for the erection of any building or structure on any of the
lands listed in the following table until a Site Plan Agreement has been entered into with
the Town and the building permit complies in all respects with the terms of the Site Plan
Agreement.
NODe Required
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~Dut.E "Q"
11118 SCHEDULE IS SCHEDULE "QIt to the Agreement which has been
authorized and a.,proved by By"law No. 91-194 of the Corporation of the Town of
Newcastle. enacted and passed on tbe 18th day of November. 1991.
c(}NSE.VATIQ~ AUl')IO~. WORK~
1. That the Zoning By..law referred to in Condition 6 shall contain the appropriate
provisions to restrict any building or structure. other than those necessary for flood
or erosion control, on Block 14.
2. Prior totina! approval and/or commencement of site preparation, including any
tilling. grading or removal of vegetation. the Owner shall obtain the Central Lake
Ontario Conservation Authority approval of:
(a) erosion and sediment control plans; and
(b) site grading plans. which indicate lOO-year overland flow routing.
3. That the subdivision agreement between the Owner and the Town of Newcastle shall
contain. among other matters. the following provision:
(a) The Owner shall carry out, or cause to be carried out, to the satisfaction of
the Central Lake Ontario Conservation Authority, the recommendations
referred to in the report required in Condition 14 contained in Schedule "S"
of this Agreement.
4. That the Owner sball satisfy the Central Lake Ontario Conservation Authority that:
(8.) the requirements of the Black Creek Tributary Master Drainage Study, as they
pertain to this site, will be carried out to the Authority's satisfaction; and
(b) the plan reflects all revisions that maybe necessaty to accommodate
COndition lS(a) contained in Schedule "S" of this Agreement
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SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
ENGINEERING AND INSPECTION FEES
Estimated Costs of Works
Em
Up to $100,000.00
4% to a maximum of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.50% of the estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region
services. The payment of the Engineering and Inspection fees to the Town are subject to
the Goods and Services Tax, and therefore an additional seven (7%) percent must be added
to the fees calculated using this Schedule and paid by the Owner to the Town.
The aforesaid amount is to be paid prior to issuance of the Authorization to
Commence Works for each stage shown on the Staging Plan.
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SCHEDULE "S"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
REGION'S CONDmONS OF APPROVAL
Conditions of Approval of Draft Plan of Subdivision 18T-90041, dated November 20, 1991.
1. That this approval applies to draft plan of subdivision 18T-90041, prepared by
Tunney Planning, identified as job number TUN 102-2, dated (revised July 1991,
which illustrates 7 lots for 14 semi-detached or link dwelling units, 6 blocks for 38
townhouse units, and various blocks for reserve, site triangles, sanitary sewer
easement and stormwater detention facility.
2. That the road allowances included in this draft plan shall be dedicated as public
highways.
3. That the road allowances included in this draft plan shall be named to the
satisfaction of the Regional Municipality of Durham and the Town of Newcastle.
4. That any dead ends andlor open sides of road allowances created by this draft plan
shall be terminated in 0.3 metre reserve(s) to be conveyed to the Town of Newcastle.
5. That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropriate authorities.
6. That the land uses shown on the approved draft plan shall be placed in appropriate
zoning categories in a Zoning By-law passed by the Council of the Town of
Newcastle in accordance with the Planning Act, 1983, as amended.
7. That the Zoning By-law referred to in Condition 6 shall contain the appropriate
provisions to restrict any building or structure, other than those necessary for flood
or erosion control, on Block 14.
8. That the Owner shall submit to the Town of Newcastle for review and approval, a
Landscaping Plan prepared by a qualified landscape architect.
9. That the Owner shall submit to the Town of Newcastle, a Hydrogeologist Report
prepared by a qualified engineer, to demonstrate that the proposed development will
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not adversely impact the existing wells in the surrounding area.
That the Owner shall submit to the Town of Newcastle for review and approval, a
Master Drainage Plan and Lot Grading Plan prepared by a professional engineer.
That the Owner shall submit to the Town of Newcastle for review and approval, a
Tree Preservation Plan prepared by a qualified consultant.
That the Owner shall implement the recommendations of the Acoustic Report
entitled "Noise Impact Study", prepared by G.M. Semas and Associates Ltd., dated
October 1991, which specifies the necessary noise attenuation measures for the
proposed development, and that noise measures be included in the subdivision
agreement between the Owner and the Town of Newcastle. The said agreement
must also contain a full and complete reference to the noise report (Le. author, title,
dated and any revisions/addendums thereto) and shall include any required warning
clauses identified in the acoustic report.
That the Owner provide to the satisfaction of the Ministry of Natural Resources,
reports dealing with stormwater management, impact of development on water
quality as it relates to fish and wildlife habitat, erosion and sedimentation control,
site soil conditions, and site grading plans.
Prior to final approval andlor commencement of site preparation, including any
filling, grading or removal of vegetation, the Owner shall obtain the Central Lake
Ontario Conservation Authority approval of:
(a) erosion and sediment control plans; and
(b) site grading plans, which indicate 100-year overland flow routing.
That the Owner shall satisfy the Central Lake Ontario Conservation Authority that:
(a) the requirements of the Black Creek Tributary Master Drainage Study, as they
pertain to this site, will be carried out to the Authority's satisfaction; and
(b) the plan reflects all revisions that may be necessary to accommodate
Condition l5(a).
That the Owner shall agree in the Town's subdivision agreement that Lots 1 through
7 shall be placed on hold and building permits not be issued until the Town of
Newcastle has determined that Block 14 is of a sufficient size to accommodate the
Stormwater Management Detention Facility.
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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 this plan that
are required to service this plan. In addition, the Owner shall provide for the
extension of sanitary sewer and water supply facilities within the limits of the plan
which are required to service other developments external to this subdivision. Such
sanitary sewer and water supply facilities are to be designed and constructed
according to the standards and requirements of the Regional Municipality of
Durham. All arrangements, financial and otherwise, for said extensions are to be
made to the satisfaction of the Regional Municipality of Durham, and are to be
completed prior to final approval of this plan.
18. That prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plan and water
supply plant capacities are available to the proposed subdivision.
19. That prior to final approval of this plan, the Regional Municipality of Durham shall
be satisfied that sanitary sewer and water supply services have been installed, or shall
be installed, in the abuttingladjacent plan of subdivision 18T-86073.
20. That prior to final approval of this plan, the Owner shall satisfy all requirements,
financial and otherwise, of the Town of Newcastle. This shall include, among other
matters, the execution of a subdivision agreement between the Owner and the Town
of Newcastle concerning the provision and installation of roads, services, drainage
and other local services.
21. That prior to final approval of the plan, the Owner shall satisfy all requirements,
financial and otherwise, of the Regional Municipality of Durham. This shall include,
among other matters, the execution of a subdivision agreement between the Owner
and the Region concerning the provision and installation of sanitary sewers, water
supply, roads and other regional services.
22. That the subdivision agreement between the Owner and the Town of Newcastle shall
contain, among other matters, the following provisions:
(a) The Owner shall carry out, or cause to be carried out, to the satisfaction of
the Central Lake Ontario Conservation Authority, the recommendations
referred to in the report required in Condition 14.
(b) The Owner shall carry out, or cause to be carried out, to the satisfaction of
the Ministry of Natural Resources, the recommendations referred to in the
reports required in Condition 13.
(c) The Owner agrees to implement the provisions of the Macourtice Tributary
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of Black Creek Master Drainage Plan to he satisfaction of the Ministry of
Natural Resources.
(d) The Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction period, in a manner satisfactory to the Ministry of Natural
Resources.
(e) The Owner agrees to notify the Ministry of Natural Resources, Undsay
District office at least 48 hours prior to the initiation of anyon-site
development.
23. That prior to final approval of this plan for registration, the Commissioner of
Planning for the Regional Municipality of Durham shall be advised in writing by:
(a) the Town of Newcastle, how Conditions 1,2,3,4,5,6,8,9, 10, 1" ,12 ,16 and
20 have been satisfied;
(b) the Ministry of Natural Resources, how Conditions 13, 22(b), 22(c), 22(d) and
22( e) have been satisfied; and
(c) the Central Lake Ontario Conservation Authority, how Conditions 7, 14, 15
and 22(a) have been satisfied.
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SCHEDULE "T'
THIS SCHEDULE IS SCHEDULE 'T' to the Agreement which has been
authorized' and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
TREE PRESERVATION PLAN
(To Be See Attached)
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SCHEDULE "U"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
LANDSCAPING PLAN
(To Be See Attached)
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SCHEDQLE "V'
9D
THIS SCHEDULE IS SCHEDULE WVW to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle. enacted and passed on the 18th day of November, 199i.
REQUIREMENT~ OF OTHER AGENCIES
1. MlmS1RY OF N.f\~ RE&Q~S
(1) That the Owner provide to the satisfaction of the Ministry of Natural
Resourcts,l'eports dealing with storm water management. impact of development on water
quality as it relates to fish and wildlife habitat, erosion and sedimentation control, site soil
conditions, and site grading plans.
(2) That the subdivision agreement between the Owner and the Town of
Newcastle shall contain, among other tnatters, tbe following provisions:
(a) TheQwner ~all carry out, or cause to be carried out,. to the satisfaction of
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the Ministry of Natural Resources, the recommendations referred to in the
~eports required in Condition 13 contained in Schedule Its" of this Agreement.
(b) The Owner agrees to implement the provisions of the Macourtice Tributary
of Black Creek Master Drainage Plan to he satisfaction of the Ministry of
Natural Resources.
(el The Owner agrees to maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
construction perlod~ in a manner satisfactory to the Ministry of Natural
Resources.
(d) The Owner agrees to notify the Ministry of Natural Resources, Undsay
District office at least 48 hours prior to the initiation of any on.site
d~velopment.
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SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed on the 18th day of November, 1991.
ARCHITECTURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
1. EXTERNAL MATERIALS:
a) Exterior construction must be a minimum of forty (40%) percent masonry
products excluding stucco and concrete blocks. No substitution is allowed
except by written permission of the Director of Planning and Development.
b) Dwellings sited at corners require full height masonry products on all
elevations.
2. COLOURS:
a) Colours of bricks, siding, roofs and trims must be compatible and in harmony
such as earthtone range, pastel range, grey Iblack range etc.
b) Where bricks are used, coloured mortar is required.
c) Accent colour bricks for brick detailing is permitted provided if used
consistently in group of dwellings.
d) Colour of caulking around metal flashing or windows is required to match
colour of brick or siding.
3. REPETITION OF ELEVATIONS AND STYLES:
a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-
five (25%) percent exterior variations in elevations or colour schedule.
b) Dwellings of identical elevation andlor colour schedule must be separated
by a minimum of four (4) lots.
c) Dwellings which mimic the influence of a particular architectural influence
(eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group
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reflecting the same architectural influence.
4.
OTHERS:
a) All metal roof vents and stacks must be located in the rear slope of roofs and
must be painted to match the roof colour if exposed to public view.
b) All dwellings must carry brick veneers to within twelve (12) inches of grade
on front elevation and within twenty (20) inches on side and rear elevations.
Exposed concrete foundation in excess of the aforementioned standard will
not be permitted.
c) The Owner shall encourage the builder of dwellings to vary siting and setback
of dwellings.
d) The above standards are minimum standards and builders are encouraged to
exceed the standards as long as the objective of creating attractive and
aesthetically pleasing appearance is achieved.
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TO:
THE CORPORATION OF THE TOWN OF NEWCASTLE
AND TO:
SHIBLEY RIGHTON, their Solicitors herein
RE:
Macourtice Developments Inc. (the "Company") Plan of
Subdivision No. 18T-86073, Town of Newcastle-Subdivision
Agreement (the "Agreement")
CERTIFICATE OF TITLE
I, GARY HARRIS, a Solicitor of the Ontario Court, do certify that:
( a) I am the Solici tor for the Company and that the
Company is the sole owner in fee simple of all land
described as being in the Town of Newcastle and the
Regional Municipality of Durham and being comprised
of Block 77 Plan 40M-1675, Town of Newcastle
(the "Lands")
(b) the Company is a valid and subsisting corporation in
accordance with the laws of the Province of Ontario
with the capacity to own land;
( c) there are no mortgages or other encwnbrances on the
Lands except two mortgages in favour of Canada
Trustco Mortgage Company (the "Mortgages")
a subdivision agreement with the Town of Newcastle
and a subdivision agreement with the Regional
Municipality of Durham (the "Subdivision
Agreements" ) , an easement for sani tary sewers over
part of the Lands in favour of the Regional
Municipality of Durham (the "Easementn) and 2
inhibi ting orders, one in favour of the Town of
Newcastle and the other in favour of the Regional
Municipali ty of Durham ( the " Inhibi ting Orders") ;
and
( d) the Agreement in respect of the Lands wi th The
Corporation of the Town of Newcastle is not subject
to the interest of any party except the fee simple
ownership of the Company, the Mortgages the
Subdivision Agreements, the Easement and the
Inhibiting Orders.
This certificate is given by me to The Corporation of the Town of
Newcastle for the purpose of having the said Town rely upon it and
to act on it in approving and executing the Agreement for the said
Plan 18T-86703.
DATED at Toronto this 25th day of November, 1991.
Gary
MS0073
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DYE & DURHAM CO. LIMITED
Form No. 985
"f
~ Province
~V~Of
~ Ontario
Document General
Form 4 - Land Reglstl'lltlon Reform Act, 1984
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(1) Registry 0
(3) Property
Identifier( s)
Land Titles Kl (2) Page 1 of S pages
Block Property
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(4) Nature of Document I'J:>T J cf
Notice of Amendment of Subdivision Agreement (Section 74 or the Act)
(5) Consldel'lltlon
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It It d Parcell:!r--. ~ Section 40M-1675 being Block
77, Plan 40M-1675, Town of Newcastle, Regional
Municipality of Durham
NA
(6) Description
Dollars $
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New Property Identifiers
xtcUttons
Additional:
See 0
Schedule
Additional:
See
Schedule
(7) This
Document
Contains:
(a) Redescription
New Easement
PlanlSketch
i (b) Schedule for:
: Additional
o I Description 0 Parties 0 Other 0
o
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of Macourtice Developments Inc. as Part of Parcel Plan-l, Section 40M-
1675 Newcastle and hereby applies under Section 74 of the Land Titles Act for the entry of a Notice of
Agreement Amending Subdivision Agreement in the Register for the said Parcel.
Continued on Schedule 0
(I).B_'r'R~.,:'tffl~rt number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s) Date of Signature
Y M 0
<.. 7". ~ ;1991 ;'~!2.-J
'Nicholas '1'; Macos 0 0 0 0 0 . . 0 . 0 0 0 0 . . . 0 i 0 . 0 . 0 1 0 0 0 r . 0
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. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . . . . 'i' . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . ., ..0;"..
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THE CORPORATION OF THE TOWN
. -OF NEWCASTLE' by oit 'S'o1tcitors' . . 0 0 . 0 . . 0 . 0 . . .
SHIBLEY RIGHTON per Nicholas
. 'T: Macos . . . . . . . . 0 . . 0 . . 0 0 . 0 . . . . . . . . . 0 0 . . . 0 0 0
.. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) Party(les) (Set out Status or Interest)
Name(s)
. .mli~ piA r< J}(~ . . 0 7::@~~!~
(11) Address
for ServIce
40 Temperance Street, Bowmanville, Ontario L1C 3A6
Signature(s)
Date of Signature
Y M 0
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'\11 , \
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . 0 . . .
00.0000. . 0 . 0 . . . . . . 0 . . . . . . 00' ., . . . . j . . . . 0
o 0 0 0 0 . . 0 0 . . 0 . . . . . . . 0 0 . . 0 . . . . . 0 0 . . . r . . . . .
. . . . ..0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .. .. . .. . .. .. . .. .. .. . .. .. . . . .. .. .. .. . . .. .. . . .. . . . . . . . . . . .. . . .. ..
I (13) :ds::.ce
(1") Municipal Address of Property
I not assigned
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___ '01" I"""
(15) Document Prepared by:
Fees and Tax
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
~
~ Registration Fee
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f? Total
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J.
THIS FIRST AMENDING AGREEMENT made as of this 17th day of December, 1991
BE1WEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
- and -
MACOURTICE DEVELOPMENTS INC.
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
CANADA TRUSTCO MORTGAGE COMPANY
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. The Parties hereto have made an Agreement as of November 18, 1991 pursuant to
Subsection 50(5) of the Planning Act, 1983 (the "Subdivision Agreement").
B. The Subdivision Agreement applies to the lands and premises more particularly
described in Schedule "A" hereto (the "Lands") and notice of it is deposited against
the title to the Lands as Instrument No. LT575206 in the Land Registry Office for
the Land Titles Division of Durham (No. 40).
C. This First Amending Agreement applies to the Lands.
D. The Owner is the owner in fee simple absolute of the Lands subject to the interest
of the Mortgagee therein.
E. The Parties hereto have agreed to amend the Subdivision Agreement as hereinafter
set forth by entering into this First Amending Agreement.
F. This First Amending Agreement is made pursuant to Subsection 50(5) of the
Planning Act, 1983. It is authorized by By-law 91-194 passed by the Town Council
on the 18th day of November, 1991.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and the
covenants hereinafter expressed, and the sum of Two ($2.00) Dollars of lawful money of
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- 2 -
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:
1.0 Owner of the Lands
The Owner represents and warrants to the Town that it is the owner in fee simple absolute
of the Lands subject only to mortgage or charge made to the Mortgagee.
2.0 Amendment to Schedule "S" of the Subdivision Agreement
Condition No. 13 of Schedule "S" of the Subdivision Agreement is amended by adding at
the end thereof the words "prior to anyon-site grading or construction" so that the condition
reads as follows:
''That the Owner provide to the satisfaction of the Ministry of Natural
Resources, reports dealing with stormwater management, impact of
development on water quality as it relates to fish and wildlife habitat, erosion
and sedimentation control, site soil conditions and site grading plans prior to
anyon-site grading or construction."
3.0 Amendment to Schedule "V" of the Subdivision Agreement
Paragraph 1(1) of Schedule "V" to the Subdivision Agreement is amended by adding at the
end thereof the words "prior to anyon-site grading or construction" so that the condition
reads as follows:
"That the Owner provide to the satisfaction of the Ministry of Natural
Resources, reports dealing with stormwater management, impact of
development on water quality as it relates to fish and wildlife habitat, erosion
and sedimentation control, site soil conditions and site grading plans prior to
any on-site grading or construction."
4.0 Provisions of Subdivision ~eement Otherwise Confirmed
Except as provided in paragraphs 2 and 3 of this First Amending Agreement all the
provisions of the Subdivision Agreement are hereby confirmed and continue in effect.
5.0 Re&istration of First Amendin2 Agreement
The Owner and the Mortgagee consent to the registration of a notice of this First
Amending Agreement against the title to the Lands.
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.6.0 Authority to Make Aereement
v
- 3 -
The Owner acknowledges and agrees that the Town has authority to enter into this First
Amending Agreement, that every provision hereof is authorized by the law and is fully
enforceable by the Parties, and that this First Amending Agreement is made by the Town
in reliance on the acknowledgement and agreement of the Owner as aforesaid.
7.0 Successors
This First Amending Agreement shall enure to the benefit of and be binding on the Parties
hereto, and their respective successors and assigns.
IN WITNESS WHEREOF the corporate parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
Ah~~)<j~~/
MaY~A^~
Clerk ../
L
MACOURTICE DEVE~PMENTS INC.
~~/~-f
NameCh a; Po Man . Title President
Name
Title
CANADA TRUSTCO MORTGAGE COMPM"Y
AUTHORIZED SIGNING OFFICER
~L---
Name: SHEiLA KENNON
Title: AUTHORIZEO SIGNING OFFICER
~ASTO 1J.a~ f~'/.AtAA
ro~ AND COt41'ENl .J5' ~,
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.
s.
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-Law No. 91-194 of the Corporation of the Town of
Newcastle, enacted and passed the 18th day of November, 1991.
LEGAL DESCRIPTION OF THE LANDS
All and Singular that certain parcel of land and premises, situated, lying and
being in the Town of Newcastle and the Regional Municipality of Durham,
and being comprised of Block 77 on Plan of Subdivision registered as Plan
40M-1675 in the Land Registry Office for the Land Titles Division of Whitby
(No. 40) (the "Land Registry Office").