HomeMy WebLinkAbout91-59
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 91-59
being a by-law to authorize execution of an agreement
between Ashdale Capital Corporation Ltd., and the
Corporation of the Town of Newcastle
WHEREAS at its meeting on March 12, 1991, the Council of the Town
of Newcastle passed Resolution fC-191-90, and authorized the
Mayor and Clerk to execute a Pre-Servicing Agreement with the
Michael Stuart Group;
AND WHEREAS the Michael Stuart Group represents the owner of the
lands Ashdale Capital Corporation Ltd.;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE HERE~Y ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be authorized to execute on behalf
of the Corporation of the Town of Newcastle, and Seal with
the Corporate Seal, an agreement between Ashdale Capital
Corporation Ltd., and the Corporation of the Town of
Newcastle.
By-law read a first and second time this 29th day of April 1991
By-law read a third time and finally passed this 29th day of
April 1991
ji
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 91-59
being a by-law to authorize execution of an agreement
between Ashdale Capital Corporation Ltd., and the
Corporation of the Town of Newcastle
WHEREAS at its meeting on March 12, 1991, the Council of the Town
of Newcastle passed Resolution *C-191-90, and authorized the
Mayor and Clerk to execute a pre-Servicing Agreement with the
Michael Stuart Group;
AND WHEREAS the Michael Stuart Group represents the owner of the
lands Ashdale Capital Corporation Ltd.;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be authorized to execute on behalf
of the Corporation of the Town of Newcastle, and Seal with
the Corporate Seal, an agreement between Ashdale Capital
Corporation Ltd., and the Corporation of the Town of
Newcastle.
;A+t-
.,By-law read a first and second time this 29th day of April 1991
By-law read a third time and finally passed this 29th day of
April 1991
AGREEMENT made as of this 1st day of May, 1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTI..E
- and -
ASHDALE CAPITAL CORPORATION LID.
- and-
ROYAL BANK OF CANADA AND
N.S. MANAGEMENT INC. AND
815358 ONTARIO liMITED
- and -
ASHDALE HOLDINGS LID.
- and -
ROMAN LANGENBERGER AND WILLIAM FUJARCZUK. in Trust
ROYAL BANK OF CANADA AND N.S. MANAGEMENT INC.
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PRE-SERVICING AGREEMENT
I
IN 0 EX
pAGE
~CLE
Public Works,......................................................
1-2
2-6
6-9
9 -12
12 - 13
13 - 24
24
24
Preamble............... ...............................................
Interpretation and Schedules...............................
1.
2.
3.
4.
5,
6.
7.
GerleraI............................. ................. ... ..............
FII"\8f'lCiaI. ...................... ... a.a..................................
Planning........................... ...................................
Time of Essence... ................ ..................... .........
Authority to Make Agreement..............................
SCHEDULE
Schedule " A" - Legal Description of Lands
Schedule "E" - Transfers of Easement
Schedule "F" - Not Used
Schedule "G" - Works Required
Schedule "H" - Not Used
Schedule "I" - Duties of Owner's Engineer
Schedule · J" - Works Cost Estimates
Schedule "K" - Insurance Required
Schedule "L. - Regulations 'for Construction
Schedule "M" - Not Used
Schedule "N" - Not Used
Schedule "O" - Not Used
Schedule .P" - Qversized and/or External Services
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Schedule "P_1ft .. Contributions for Certain External Works
Schedule -a" - Not Used
Schedule "R" - Engineering and Inspection Fees
Schedule .S. - Not Used
Schedule "T" - Not Used
Schedule HUH - Not Used
Schedule .V" - Not Used
Schedule "VI' - Not Used
Schedule "X" - Not Used
Schedule "V" - Legal Description of the Road Land
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TInS AGREEMENT made in quintuplicate as of this 1st day of May, 1991.
BETWEEN:
nIB CORPORATION OF nIB TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF TIIEFlRS1r PART
- and -
ASHDALE CAPITAL CORPORATION LTD.
(hereinafter called the "Owner")
OF THE SECOND PART
- and -
.
ROYAL BANK OF CANADA,
N.S. MANAGEMENT INC., AND
815358 ONTARIO liMITED
(hereinafter called the "Mortgagee")
OF TIlE THIRD PART
- and -
ASHDALE HOLDINGS LTD.
(hereinafter called "Holdings")
OF THE FOURTII PART
-and-
ROMAN LANGENBERGER AND WIlLIAM FUJARCZUK, In' Tru$t
ROYAL BANK OF CANADA AND N.S. MANAGEMENT INC.
(hereinafter called the "Road Mortgagee")
OF TIlE FltTtl PART
WHEREAS:
A. The lands owned by the Owner which are referred to in this Agreem~nt, are
described in Schedule "A" hereto, and are hereinafter called the "Lands".
B. The Owner warrants that it is the registered Owner of the Lands in fee! simple
absolute.
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C. The Owner warrants that the Mortgagee is the only mortgagee or chargee of the
Lands;
D. The Owner warrants that it has applied to the Regional Municipality of!. Durham,
(hereinafter ca.lled the "Region") for approval of a Plan of Subdivision of the Lands
and has received approval of the draft Plan of Subdivision 18T-88024 of ~e Lands
subject to compliance with certain conditions thereto including the ~A1dng of
Subdivision Agreements with the Region and the Town, respectively.
E. The Owner has applied to the Region for approval of a final Plan of Subdivision of
the Lands and to the Region and the Town, respectively, for the making of the
aforesaid Subdivision Agreements.
F. The Town Council, by adopting the recommendations contained in Report #WD-
23-90, approved the Michael Stuart Group's application on behalf of the OWner that
the Owner be permitted to pre-service the road allowances shown on draft Plan of
Subdivision 18T-88024 and undertake certain other Works prior to the approval of
the final Plan of Subdivision of the Lands after this Agreement is made.. with the
Owner as authorized by By-law 91-59.
.
G. The Owner will enter into Agreements with the Region and the Town to satisfy their
respective requirements, financial and otheIWise to satisfy the relevant con~itions of
approval by the Region of draft Plan of Subdivision 18T-88024. .
H. Holdings is the owner of the land, more particularly described in Schedule "Y"
hereto which is hereinafter called the "Road Land".
I. Holdings represents that it is the registered owner of the Road Land in fee simple
absolute.
J. Holdings represents that the Road Mortgagee is the only mortgagee or chlargee of
the Road Land.
NOW TIlEREFORE WITNESSETH THAT in consideration of the preniises 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 Ifollows:
ARTICLE 1 -INTERPRETATION AND SCHEDlJT.HS
1.1 Definitions
(1) In this Agreement the term:
(a) "Act" has the meaning assigned to it in paragraph 5.20(2) of this
Agreement.
(b) "Applicant" means an individual, an association, a partnetship or
corporation who applies for the necessary building permits for i.the lots
or blocks covered by this Agreement.
L
(c)
(d)
(e)
(1)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
(P)
(q)
(r)
- 3.
"Authorization to Commence Works" has the meaning assigned to it
in paragraph S.10 of this Agreement. .
"Benefiting Area" has the meaning assigned to it in paragraph 5.20(3)
of this Agreement.
,
"Concession Street Urban Upgrading Work" has the meaning assigned
to it in Schedule "P-1" of this Agreement.
"Cost Sharing Report" means the "Cost Sharing Report" refe~ed to in
Schedule "0" of this Agreement.
"Council" means the Council of the Corporation of the 'Town of
Newcastle. .
"Damaged Services" has the meaning assigned to it in paragraph 5.17(2)
of this Agreement.
"Designated Area" has the meaning assigned to it in paragraph 5.20(4)
of this Agreement.
"Director" means the Director of Public Works of the Town of
Newcastle or his designated representative.
"Engineering Drawings" has the meaning assigned to it in p~agraph
5.5 of this Agreement.
"Escrowed Transfer" has the meaning assigned to it in paragraph 2.4
of this Agreement.
"External and/or Oversized Service" has the meaning assigned to it in
paragraph 5.20(1) of this Agreement.
"Front-Ending Agreement" has the meaning assigned to it in p~agraph
5.20(3) of this Agreement.
"Grading and Drainage Plan" has the meaning assigned !to it in
paragraph 5.6 of this Agreement.
"Hydrogeologist" has the meaning assigned to it in paragraplil 5.18 of
this Agreement.
"Lands" has the meaning assigned to it in Recital A of this AgIieement.
"Mearns Avenue Rural and Urban Upgrading Works" has the 1Ileaning
assigned to it in Schedule "P-1" of this Agreement. .
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(5)
"Monitoring Program" has the meaning assigned to it in paragraph
5.18(1) of this Agreement.
(t)
"Net Capital Cost" has the meaning as agreed to it in paragraph 5.20(3)
of this Agreement. .
(u)
-Owner" means the Party of the Second Part to this Agre~ment, its
successors and assigns and when used to refer to a su*ssor or
assignee of such Party, or to another person, an "Owner" intludes an
individual, an association, a partnership or a corporation, .
(v)
"Owner's Engineer" means a professional Civil Engineer, registered by
the Association of Professional Engineer of Ontario.
(w)
"Performance Guarantee" has the meaning assigned to it in paragraph
3.4 of this Agreement.
I
(x) "Property Frontage Charges" has the meaning assigned to it in
paragraph 5.20(4) of this Agreement.
(y) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(z) "Reapproved Grading and Drainage Plan" has the meaning assigned
to it in paragraph 5.6 of this Agreement.
(aa) "Region" shall mean the Corporation of the Regional MunicJpality of
Durham.
(bb) "Reconstruction Work" has the meaning assigned to it in Schedule"G"
of this Agreement.
(cc) "Reduced Performance Guarantee" has the meaning assigne~ to it in
paragraph 3.10 of this Agreement.
(dd) "Road Land" has the meaning assigned to it in Recital H of this
Agreement.
(ee) "Schedule of Works" has the meaning assigned to it in paragraph 5.8
of this Agreement. .
(ft) "Services" has the meaning assigned to it in paragraph 5.20(5) of this
Agreement.
(gg) "Solicitor" shall mean the Solicitor of the Corporation of the trown of
Newcastle.
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(hh) "Soper Creek West Branch Drainage Outfall System" has the meaning
assigned to it in Schedule "P-l" of this Agreement.
(ii) "Storm Sewer Work" bas the meaning assigned to it in Schedule"P" of
this Agreement.
(jj) "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.
(kk) "Treasurer" means the Treasurer of the Town of Newcastle or his
designated representative.
(ll) "Tree Preservation Plan" has the meaning assigned to it in paragraph
4.1(1) of this Agreement.
..
(mm) "Working Drawings and Specifications" has the meaning assigned to it
in paragraph 4.11(2) of this Agreement.
(00) "Works" has the meaning assigned to it in paragraph 5.1 of this
Agreement.
(00) "Works Cost Estimates" has the meaning assigned to it in paragraph
5.9 of ~his 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.
.
.
Schedule~ to Aireement
The following Schedules which are attached hereto, together with all
provisions contained therein, are hereby made a part of this Agreement as fully and
to all intents and purposes as though recited in full herein:
Schedule "A"
Schedule "B"
Schedule ltC'
Schedule "0"
Schedule "E"
Schedule "P
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "}"
Schedule "1("
. Schedule "L"
"Legal Description of the Lands"
Not Used
Not Used
Not Used
"Transfer of Easement"
"Not Used"
"Works Required-
Not Used
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
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Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-1"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T"
Schedule "U'
Schedule "V"
Schedule "W'
Schedule "X"
Schedule "Y"
Not Used
Not Used
Not Used
"Oversized and/or External Services"
"Contributions for Certain External Works"
Not Used
"Engineering and Inspection Fees"
Not Used
Not Used
Not Used
Not Used
Not Used
Not Used
"Legal Description of Road Land"
ARTIrT.F. 2 - GENERAL
2.1 Recitals in Operative Part of Aireement
(1) The Owner represen~ and warrants to the Town that each of Recitals
A to G of this Agreement is correct.
(2) The Owner covenants that it will enter into Agreements with the
Region and the Town, respectively, to satisfy the conditions financial and
otherwise, of approval of draft Plan of Subdivision 18T-88024 of the Lands
in this respect.
(3) Holdings represents and warrants to the Town that each of Recitals
H to J of this Agreement is correct.
2.2 Certification of Ownership
(1) On the date of 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.
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(2) On the date of 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 Transfer of Easement
On the execution of this Agreement, the Owner, at its cost, shall
deliver to the Town an executed transfer of easements as set out in Schedule "E" and
shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee
or charge payable at the time of or in respect of its registration against title. Such
transfer shall be free and clear of all encumbrances and restrictions, shall be made
for a nominal consideration, shall contain provisions satisfactory to the Town's
Solicitor, and shall be in registerable form.
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2.4 Transfer of T .and for Relocation of Portion of Mearns Avenue
(1) Prior to the date of execution of this Agreement, the Owner shall
deliver to the Town, in escrow, an executed transfer of the Road Land, in fee
simple absolute free and dear of all encumbrances and restrictions (the
"Escrowed Transfer") for the purpose of the relocation thereon of the adjacent
portion of Mearns Avenue. The delivery of the Escrowed Transfer will
become complete and will be effective on the registration against the title of
the Lands of a final Plan of Subdivision of Lands, which is generally consistent
with and implements draft Plan of Subdivision 1ST -88024. Any tax, fee or
cost which is required to be paid and which is occasioned by or results from
the completion of the delivery of the Escrowed Transfer shall be deposited
by the Owner to the Town prior to the execution of this Agreement and may
be disbursed by the Town at the time the Transfer is proffered for registration
against title. The Escrowed Transfer shall contain provisions to the
satisfaction of the Town's Solicitor, shall be made for a nominal consideration,
and shall be in a registerable form.
(2) Holdings and the Road Mortgagee hereby consent to the registration
of this Agreement or a notice against the title to the Road Land. Holdings
and the Road Mortgagee cQ-venant not to register or permit the registration
of any instrument against the title to the Road Land prior to the satisfaction
of the condition of delivery of the Escrowed Transfer to the Town and the
registration of the Transfer against the title to the Road Land.
2.5 Charie on Lands
The Owner hereby charges all its interest in the Lands with the obligations
set out in this Agreement.
2.6 Notification of Owner
H any notice or other document is required to be or may be given by the
Town or by any official of the Town to the Owner under this Agreement, such notice
shall be mailed by first class prepaid post or delivered to:
Ashdale Capital Corporation Ltd.
85 West Beaver Creek Road, Unit 2
Richmond Hill, Ontario
lAB 1K4
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.
2.7 Replacement of Draft Plan with Final Plan(s)
The Parties hereto acknowledge that at the time of the execution of this
Agreement, only a red-lined copy of the Plan is in existence and all descriptions in
this Agreement and the Schedules annexed hereto refer to the descriptions in the
red-lined Plan annexed hereto as Schedule "B". Upon a final Plan of Subdivision
implementing Plan 18T-88024 being registered against the title to anyone (1) or
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more portions of the Lands, the final Plan(s) of Subdivision as registered on title,
shall be deemed to be substituted for the red-lined Plan with respect to the relevant
portion of the red-lined Plan, and all amendments necessary or requisite shall be
considered to have been made to this Agreement to the descriptions and references
used in this Agreement to replace the descriptions and references to the red-lined
Plan with descriptions and references to and that are consistent with such registered
final Plan of Subdivision.
2.8 Town to Act PrOlllPt!y
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.
2.9 Assi~ent of Aireement
The Owner shall not assign this Agreement without prior written consent of
the Town and any assignment which is made contrary to this paragraph 2.9 shall not
relieve the subsequent Owner of any of his obligations under this Agreement.
2.10 PostPonement of Mortiaie
(1) The Mortgagee hereby postpones his mortgage to this Agreement with
the intent that this Agreement shall take effect as though dated, executed
and registered prior to the mortgage, the Mortgagee agrees with the Town,
that in the event that he obtains ownership of the Lands by foreclosure or
otherwise, he shall not use or develop the Lands except in conformity with the
provisions of this Agreement. The Mortgagee, at his 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) The Road Mortgagee hereby postpones his mortgage to this Agreement
with the intent that this Agreement shall take effect as though dated, executed
and registered prior to the mortgage, the Mortgagee agrees with the Town,
that in the event that he obtains ownership of the Road Land by foreclosure
or otherwise, he shall not use or develop the Road Land except in conformity
with the provisions of this Agreement. The Road Mortgagee at his 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 Road Mortgagee and to deliver the same to the Town.
2.11 Successors
This Agreement shall enure to the benefit of and be binding on the Parties
hereto, and their respective successors and assigns.
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2.12 Lot/Block Reference Numbers
Subject to paragraph 2.10A of this Agreement, for the purposes of this
Agreement, all references to lot(s), block(s), zero point three (0.3) metre reserves,
and road widenings reflect the numbering of each as shown on draft Plan 18T -88024,
as approved by the Commissioner of Planning on August 9, 1989.
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all
municipal taxes outstanding against the Lands, as set out in Schedule "C' hereto.
The Owner further agrees to pay any municipal taxes which may become due in
respect of the whole or anyone or more portions of the Lands in accordance with
the law.
3.2 P~ent of Local Improvement Charies
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 Drainage Charjes
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.SOO 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 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the
Owner shall deposit with the Town, cash or an irrevocable and unconditional letter
of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable
to the Town's Treasurer, and containing terms satisfactory to the Town's Treasurer.
The deposit shall be in the amount which is required to secure to the Town the
performance by the Owner of its covenants contained in this Agreement to construct
and install the Works and the performance of the Owner's other obligations under
this Agreement. 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 ofwhidl an Authorization Application has been
made by the Owner plus the amounts required by this Agreement to secure the
Owner's other obligations. (The cash deposit(s) or letter(s) of credit which is (are)
to be deposited by the Owner pursuant to this paragraph 3.4 and other provisions
of this Agreement are called the "Performance Guarantee".)
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3.5 Use of Performance Guarantee
(1) The Owner agrees that from time to time the Town may appropriate
the whole or anyone or more portions of the Performance Guarantee to an
amount(s) which in aggregate shall not exceed the amount required to remedy
the Owner's default at the date of the appropriation, which amount shall be
determined by the Director. Forthwith after making each such appropriation,
the Town shall give the Owner written notice thereof and the Owner shall
forthwith reinstate the Performance Guarantee to the full amount required
by this Agreement.
(2) The Owner agrees that the portion of the Performance Guarantee
shown on Schedule "J" as the "Developer Cash Contributions for Mearns
Avenue Rural and Urban Upgrading Works and Concession Street Urban
Upgrading Work" in the amount of one hundred and eighty-nine thousand,
two hundred and sixty-nine dollars and thirty-three cents ($189,269.33) may
be appropriated by the Town on or at any time after September 3rd, 1991 if
prior to September 3rd, 1991, such Contributions have not been paid to the
Town by the Owner in cash. Notwithstanding any other provisions of this
Agreement if such appropriation is made the Owner is not required to
reinstate the portion of the Performance Guarantee in the amount of one
hundred and eighty-nine thousand, two hundred and sixty-nine dollars and
thirty-three cents ($189,269.33), being the amount so appropriated.
(3) For greater certainty, the portion of the Performance Guarantee for
the Owner's share of the costs of the "Soper Creek West Branch Drainage
Outfall System" (as hereafter defined) may be appropriated by the Town for
the purposes set out in paragraph 4.4(2) hereof. Notwithstanding any other
provision of this Agreement, if such appropriation is made, the Owner is not
required to reinstate the portion of the Performance Guarantee in the amount
on one hundred and thirty-two thousand, four hundred ($132,400.00) dollars,
being the amount so appropriated.
3.6 Indemnification
(1) The Owner agrees to 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. The Owner hereby releases the Town from any obligation
to execute a Subdivision Agreement with the Owner in satisfaction of one of
the conditionS of approval of draft Plan of Subdivision 18T-88024. The Owner
agrees to defend, indemnity and save the Town harmless against any expense,
loss or cost that may be incurred by the Owner or by any person as a result
of (1) the Town's refusal or failure to execute the aforesaid Subdivision
Agreement, (2) any amendment revision that may be made to the aforesaid
draft.Plan of Subdivision and the conditions thereto, (3) any delay in satisfying
any of such conditions, (4) and any delay in obtaining or failing to obtain
approval of the final Plan of Subdivision of the Lands.
(2) The Owner shall continue to indemnify and save harmless the Town
as provided in paragraph 3.6(1) notwithstanding the issuance of a Certificate
of Release to the Owner and notwithstanding any arrangements that may be
made by the Town with any person respecting any of the matters indemnified
against under this Agreement.
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(3) For greater certainty, the Owner agrees that the making of this
Agreement is not intended to and shall not have the effect of requiring the
Town (1) to execute a Subdivision Agreement with the Owner in satisfaction
of the condition of approval of draft Plan of Subdivision 1ST -88024, (2) to
refrain from making amendments to or revisions of such draft Plan of
Subdivision or the conditions of its approval, (3) from cbangjng the terms of
the Town's standard form of Subdivision Agreement as they stand on the date
as of which this Agreement was made, or (4) from doing or refraining from
doing any act or making any recommendation necessary for the Owner to
achieve approval of the final Plan of Subdivision of the Lands and its
registration against title.
3.7 Insurance
The Owner also agrees to obtain and maintain the insurance and deposit the
proof thereof as required by Schedule "K" of this Agreement
3.8 Payment of Town's Costs
(1) Forthwith after written notice is given to the Owner containing
reasonable particulars thereof, the Owner shall reimburse the Town for all
reasonable legal, planning, engineering and other technical advice, and
administrative expenses actually incurred for the preparation and registration
of this Agreement, and the reasonable cost of all legal services contemplated
by the terms of this Agreement, which, without limiting the generality of the
foregoing, shall include the review of the Performance Guarantee, and the
preparation, processing and approval of the "Front-Ending Agreements"
necessary to implement paragraph 5.20 of this Agreement, provided that the
services have actually been performed for the Town.
(2) After giving reasonable notice to the Town, the Owner may inspect,
during regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is requiring
reimbursement pursuant to paragraph 3.8(1) of this Agreement.
,
(3) The Owner shall pay to the Town for all estimated engineering and
inspection costs in accordance with the provisions of Schedule "R" forthwith
after a written demand therefor is given to the Owner by the Director.
.
3.9 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any sum of
money payable under it, unless a different due date is specified in this Agreement,
shall be thirty (30) days after the date of the giving of the written invoice to the
Owner. Interest shall be calculated and be paid by the Owner to the Town on all
sums of money of which the Owner is in default at the same rate, and in the same
manner, and at the same time as is the case with Town taxes which are in arrears
at the date on which the default in question commences. There shall be added to
the interest so calculated and payable, an amount which is equal to the late payment
charge which may be added to Town tax arrears payable by a ratepayer of the Town
at the date on which the default in question commences.
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3.10 Reduction of Performance Guarantee
On application of the Owner, the Director may permit the reduction of the
Performance Guarantee (the "Reduced Guarantee") from time to time, provided that
at no time shall the amount be reduced below fifty (50%) percent of the amount
required by paragraph 3.4. On each such occasion (1) if cash has been deposited as
the Performance Gurantee any part of the cash deposit not required for the Reduced
Performance Guarantee shall be refunded to the Owner, and (2) if a letter(s) of
credit has been deposited as the Performance Guarantee, it shall be returned to the
Owner if undrawn upon, except in accordance with this Agreement, in exchange for
a new letter(s) of credit in the amount of the Reduced Performance Guarantee,
which the Owner has deposited with the Town's Treasurer, provided that in the latter
case, the letter(s) of credit shall be issued by a bank listed in Schedule "A" and "B"
of the Bank Act, aCCeptable to the Town's Treasurer shall be unconditional and
irrevocable and shall contain terms satisfactory to the Town's Treasurer.
ARTJrI.F: 4 - PLANNING
4.1 Not Used
'.
4.2 No Representation as to Buildini Permits
The execution of this Agreement by the Town, does not constitute a
representation or promise nor shall it 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.
4.3 Sale Etc. of Lands and Road land
(1) The Owner agrees not to sell, mortgage or charge the lands or any
portion of them, or to lease or licence the Lands or any portion of them for
a term or period which, with option(s) to renew, if any, exceeds twenty-one
(21) years unless:
~
Either: ..
(if) tlie Owner and the Town have entered into the Subdivision Agreement
required to be made as a condition of approval of draft Plan of
Subdivision 18T-88024 and such Agreement has been registered against
the title to the Lands;
Or
(b) the purchaser, mortgagee, chargee, lessee or licensee as the case may
be, has entered into an Agreement with the Town, satisfactory to the
Town's Solicitor, under which he agrees to be bound by the provisions
of this Agreement to the same extent as if he was an original Party to
it as the Owner of the Lands; and
in either case the Performance Guarantee and all casb deposits or letters of
credit required by this Agreement have been deposited with the Town and
all such letters of credit are in good standing.
-13 -
(2) Holdings agrees not to sell, mortgage, charge, or lease or licence for
a term or period which, with option(s) to renew, if any, exceeds twenty-one
(21) years of any portion of the Road Land until the condition of delivery of
the Escrowed Transfer referred to in paragraph 2.4 has been satisfied and
such Transfer has been registered against the title to the Road Land.
4.4 Special Conditions
(1) The Owner agrees with the Town that in cases in which the well or
private water supply of any person is interfered with either as a result of the
grading of, construction on, or the development of the Lands or any portion
of the Lands, or as a result of the construction or installation of any of the
Works, the Owner, at its cost, either will connect the affected person to the
municipal water supply system or provide a new well or private water system
so that water supplied to the affected person shall be of quality and quantity
at least equal to the quality and quantity of water enjoyed by the affected
person prior to the interference.
(2) The Owner agrees to. pay to the Town, the Owner's share of the costs
of the Stormwater Management Works on the West Branch of the Soper
Creek for which this development is tributary (the "Soper Creek West Branch
Drainage Outfall System"). These Works are described in the Master
Drainage Plan for the West Branch of the Soper Creek, prepared by Marshall
Macklin Monaghan Ltd., dated June, 1989, as approved by the Director and
on file with the Director. The total estimated costs of these Works and the
Owner's share thereof are set out in the Cost Sharing Report for
Implementation of the Master Drainage Plan for the West Branch of the
Soper Creek prepared by Marshall Macklin Monaghan Ltd. dated May, 1990
as approved by the Director and on file with the Director. They are also
set out in Schedules "J" and "P_lIt. Upon completion of these Works the total
estimated costs and the Owner's share thereof shall be updated to reflect the
"as constructed" costs of the Works and the then current dollar value thereof
as determined by the Director. The Owner's share of the updated costs of
the Stormwater Management Works on the West Branch of the Soper Creek
shall be paid by the Owner to the Town prior to the expiry of the thirty (30)
day period which commences on the date of issuance of the Certificate of
Completion of these Works by the Director. On the execution of this
Agreement, the Owner shall deliver to the Town's Treasurer an unconditional
and irrevocable letter of credit in the amount of one hundred and thirty two
thousand and four hundred ($132,400.00) dollars issued by a bank listed in
Schedule "A" or Schedule "B" of the Bank Act and acceptable to the Town's
Treasurer and shall be part of the Performance Guarantee. The letter of
credit shall contain terms satisfactory to the Town's Treasurer. The letter of
credit is to secure performance by the Owner of its covenant to pay its share
of the costs of the Works referred to in and in accordance with the provisions
of this paragraph 4.4(2).
ARTICLE 5 - PUBLIC WORKS
5.1 Town Works Required
The Owner agrees with the Town, at the Owner's expense, to construct and
install the facilities, services, works, improvements and landscaping more particularly
described in Schedule "G" hereto (and which, collectively are called the "Works").
- 14 -
5.2 Not Used
5.3 Owner's En~eer
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"l". 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 DesiiD of Works
(1) The Owner 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 agrees to 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 agrees, at its expense,
to 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 paragraph 2.3 shall apply in respect of any such transfer of
easement with all necessary changes to being considered to have been made
to give effect to the intent of this paragraph 5.4(3). Each transfer of land
shall be in fee simple absolute, and free and clear of all encumbrances and
restrictions. It shall be prepared by the Owner in registerable form and be
satisfactory to the Town's Solicitor. At the time of delivery of each transfer
of land to the Town, the Owner shall pay to the Town in cash or by certified
cheque an amount equal to any tax, fee or charges payable at the time of or
in respect of the registration of such transfer against title.
5.5 ApJ'roval of Eniineerine 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 Drawings"). If construction and installation of the Works
has not commenced within two (2) years from the date of approval of the
Engineering Drawings, the Engineering Drawings shall be resubmitted to the
Director for his reconsideration and approval after any revisions required by the
Director have been made to them (the "Reapproved Engineering Drawings"). From
and after the approval by the Director of the Reapproved Engineering Drawings,
they shall be deemed to be the Engineering Drawings for the purpose of this
Agreement, and thereafter all Works shall be constructed and installed in accordance
with them.
,
- 15 -
5.6 Approval of Grarlini and Drains.ae 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 &ijacent to the Lands, and all
proposed grading and drainage Works for the said Lands, and indicating the
direction of all surface drainage, including water from adjacent lands originally
flowing through, into or over the said Lands to the municipal storm sewer system
or any other outlet approved by the Director (the "Grading and Drainage Plan").
The written approval of the Director of the Grading and Drainage Plan shall be
obtained prior to the commencement of construction or installation of any of the
Works on the Lands. If construction of such Works is not commenced within two
(2) years from the date of approval of the Grading and Drainage Plan, the Grading
and Drainage Plan shall be resubmitted to the Director for his reconsideration, and
approval by the Director after any revisions required by the Director have been
made to it, (the "Reapproved Grading and Drainage Plan"). From and after the
approval by the Director of the Reapproved Grading and Drainage Plan, it shall be
deemed to be the Grading and Drainage Plan for the purposes of this Agreement,
and thereafter all Works shall be constructed and installed in accordance with it.
5.7 Not Used
5.8 Approval of Schedule of Works
. .
Prior to the issuance of any Authorization to Commence Work, the Owner
shall obtain the written approval of the Director of a draft schedule (the "Schedule
of Works") which sets out the time at which, and the sequence in which, the Owner
proposes to 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 thereto that
which may be approved by the Director.
5.9 Approval of Works Cost Estimates
Prior to the date of issuance of any Authorization to Commence Works, the
estimated cost of construction and installation of the Works, (the "Works Cost
Estimates"), shall be approved by the Director and entered in Schedule "J".
5.10 Requirements for Authorization to Commence Works
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 of 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: .
L
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
(i)
(j)
(k)
(1)
- 16-
The Owner has paid to the Town any outstanding amounts against the
said Lands required by paragraphs 3.1, 3.2, 3.3 and 3.8 of this
Agreement.
The Owner has delivered the transfer of easements and has delivered
in escrow the Escrowed Transfer to the Town in accordance with
paragraphs 2.3 and 2.4 of this Agreement.
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.
The Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement.
The Owner has been given the written approval of the Director of the
Grading and Drainage Plan required by paragraph 5.6 of this
Agreement.
The Owner has been given the written approval of the Director of the
Schedule of Works as required by paragraph 5.8 of this Agreement.
The Owner has deposited with the Town the Performance Guarantee
relevant to the Authorization to Commence Works as required by
paragraph 3.4 of this Agreement and has made all cash payments to
and deposited all letters of credit with the Town, as required by this
Agreement.
The Owner has deposited with the Town all policies of insurance or
proof thereof required by paragraph 3.7 and Schedule "1(" of this
Agreement.
The Owner has paid all costs required to be paid to the Town by
paragraph 3.8 of this Agreement on or prior to the date of issuance of
the Authorization to Commence Works.
The Owner has made all payments to and deposited all letters of credit
with the Town in respect of the External and/or Oversized services that
are required by paragraph 5.20 of this Agreement.
.
The Owner has made the payments required by paragraph 5.21 of this
Agreement.
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.
I
- 17 -
(m) The Owner has deposited with the Director a copy of the written
approval of the Ministry of Natural Resources for site drainage and a
soil erosion control plan that shows all proposed surface drainage
works and descn1>e the means to minimi7.e on-site erosion and
sedimentation, both during and after construction.
(n) Any proposed alterations to the existing watercourses has received
approval by the Ministry of Natural Resources pursuant to the Lakes
and Rivers Improvement Act and written confirmation thereof has been
deposited with the Director.
(0) Prior to the commencement of site preparation, the Owner has
obtained Central Lake Ontario Conservation Authority approval of a
one hundred (100) year storm overland flow routing for the Plan and
has deposited with the Director written confirmation thereof.
(P) Prior to the commencement of site preparation, including rough
grading of roads, the Owner has obtained Central Lake Ontario
Conservation Authority approval of sediment control and grading plans
for tbe Lands and h~' deposited with the Director written confirmation
thereof.
(q) The Owner agrees to notify the Lindsay Ministry of Natural Resources
at least forty-eight (48) bours prior to tbe initiation of any grading,
excavation or construction of Works or developments of the Lands.
(r) The Owner has been issued a Road Occupation Permit with respect
to the relevant portion of Town highways to permit the construction
of tbe Works.
5.11 Not Used
5.12 Inspection and Stqp Work
~
The Owner agrees to 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
contractol and shall require the contractor to comply with stop work orders given
by the Director pursuant to this paragraph 5.12. The Director, after consultation
with the Owner's Engineer, may give the Owner, if it does not retain a contractor,
or if it does, the Owner's contractor, a written order to stop any work that is being
undertaken if, in the Director's opinion, either the work is not being undertaken such
that a completed construction and installation of the Works satisfactory to the Town
in accordance with this Agreement will result, or if the Performance Guarantee
required to be provided pursuant to this Agreement in respect of the Works is not
maintained in good standing. The Owner and the Owner's contractor shall comply
with the stop work order forthwith on it being given by the Director.
5.13
Construction in Accordance with EniPneerina Drawinp
(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 sucb deviation is autborized in
- 18-
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 agrees to 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 SeQ.Uence 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 Incom,plete or Faulty Work and Liens
~
(1) li, in the opinion of the Director, the Owner is not constructing and
installing or causing to be constructed or installed any of the Works required
by this Agreement so that it will be completed within the time specified for
such completion in the Schedule of Works, or if the Works are being
improperly constructed or installed, or if the Owner neglects or abandons the
said Works or any part of them before completion, or unreasonable delays
occur 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 the Director, after receiving the authority of the Town Council, may
si\'e the Owner notice in writing of such default, neglect, act or omission.
Follo\\in8 the later to occur of the expiry of ten (10) business days, excluding
S~turdays, 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 or defect 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 Direetor 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 5.15(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
,
. ____I
- 19.
paragraph 5.15(1) shall include a JIIanagement 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, or of
thirty (30%) percent of all costs incurred by the Town to complete the Works
in question. The Owner agrees to reimburse the Town for the cost of all
Works, and the cost of correcting or remedying all deficiencies, defects and
defaults pursuant to this paragraph 5.15(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 filings shall constitute a default in performance by the Owner
of this Agreement. In any such case, the Director may notify the Owner in
writing of such default. H 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 anyone (1) or
more construction lien claimants and costs, forthwith after the Director gives
written notice to the Owner requiring it to do so, the Owner shall reinstate
the Performance Guarantee and/or the Security for the Maintenance
Guarantee, as the case may be, to the full amount(s) required under the
provisions of this Agreement.
5.16 pntty for Emeriency Repairs
In addition to the Town's other rights under this Agreement, the Owner
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.
5.17 Damaie to Existini Services
Forthwith after written demand therefor is given by the Director to the
Owner, the Owner will pay to or to the direction of the Town, the cost of repairing
any damage to any property or services of the Town, the Region, or any utility
authority or company or (the "Damaged Services") including without limiting the
generality of the foregoing, any roads, 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 or more portions of the
Lands, or the construction or installation of any of the Works, provided that all such
repairs and or relocation(s) are completed to the satisfaction of the Director, the
Region and the relevant utility authority or company which owns or is responsible
for the Works, property or services in question. In addition, the Owner agrees with
the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in
the opinion of the Director will interfere with the use of the driveway in question,
forthwith after being given written notice by the Director requiring the Owner to
undertake such relocation.
- 20-
5.18 Damaie to Neiihbourina Wells
(1) Prior to the commencement of and during the period of construction
or installation of the Works, the Owner will cause to be carried out, at its
expense, the ground water monitoring program which has been approved by
the Director pursuant to this paragrapb 5.18(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 tbe 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 modifications 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 agrees to
cause the Hydrogeologist, at no cost to the Town, 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 will 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 will 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
5.18(2), together with a certificate of the Hydrogeologist, in a form satisfactory
to the Town Solicitor that all the data, analyses and reports required to be
provided to the Director by this paragraph 5.18(2), have been provided to
him. In addition to the foregoing, the Owner agrees to 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) The Owner agrees that, 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 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, make available to the affected party, a temporary
supply of water at no cost to the affected party; or
- 21-
(b) where the interference to a well or private water supply is of a long
term duration, in the opinion of the Town Council, at the option of the
Owner and at his expense, 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 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 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 outside the
Lands is interfered with or dewatered as a result of the construction or
installation of the Works, the Owner agrees that forthwith after such notice
is given, he will 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 5.18(3), as the case may be.
5.19 Use of Works by Town
The Owner agrees with the Town 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.
5.20 External and/or Oversized Services
(1) The external and/or oversized services located which the Owner will
construct and install pursuant to this Agreement, or in respect of which the
Owner is required to pay to the Town part of the cost of their construction
and installation, is the Storm Sewer Work. In this Agreement, this external
and/or oversized service is called the "External and/or Oversized Service".
It is defined and, subject to the other provisions of this paragraph 5.20, the
Owner's financial responsibility in respect thereof under the current Town
policy is described in Schedule "P" hereto. Upon completion of the External
and/or Oversized Services the "as constructed cost" thereof shall be
determined by the Director. When written notice of the Director's
determination of the "as constructed cost" is given to the Owner, reference to
the cost of the External and/or Oversized Service in this Section 5.20 and
Schedule "P" and to the Owner's financial responsibility in respect of it under
the current policy, sball be deemed to be a reference to the "as constructed
cost" thereof.
(2)
(3)
- 22-
Nothing in this Agreement is intended by the Parties to be taken as
fettering in any way the Town Council in the exercise of its legislative
discretion with regard to the enactment of a Development Charge By-law
pursuant to the Development Charges Act, 1989 (the "Act").
The Owner, at its cost, will construct and install the Storm Sewer
Work in accordance with this Agreement. If:
(i) the Town passes a Development Charge By-law under the Act
which is applicable to the lands,
(ll) the Development Charge By-law comes into force, and
(ill) the Town Council is not required by the Ontario Municipal
Board to repeal the Development Charge By-law,
as soon as is reasonably practicable and legally possible after the By-law
comes into effect and any objection thereto has been resolved favourably to
the By-law by the Ontario Municipal Board, the Town and the Owner intend
to enter into a "Front-Ending Agreement" (as defined in the Act) pursuant
to the Act with each other and with any persons who may wish to be a Party
to such Agreement who own land within the Storm Sewer Work "Benefiting
Area" (as defined in the Act) as it may be described in such Agreement.
While recognizing that changes may be made by the Ontario Municipal Board
pursuant to the Act, the Owner and the Town hereby record their present
intention that the Benefiting Area respecting the Storm Sewer Work will be
the area specified in Schedule "P" and that each Owner of land within such
Benefiting Area shall be responsible to pay the portion of the cost of the
Storm Sewer Work which is specified in Schedule "Pl. The Development
Charge By-law and the Front-Ending Agreement are intended to contain
such other provisions satisfactory to the Town that the Town considers to be
necessary and desirable to implement the requirements and provisions of the
Act. Forthwith after the Storm Sewer Work Front-Ending Agreement is
made, the Town shall process it with reasonable expedition in accordance with
section 22 of the Act to the end that the Front-Ending Agreement is brought
into effect at the earliest possible date so that it may be enforced by and
against the Parties to it and other Owners of lands within the Storm Sewer
Work Benefiting Area in accordance with the provisions' of the Act. Money
received by the Town pursuant to the Storm Sewer Work Front-Ending
Agreement that is permitted to be reimbursed to the Owner, shall be paid
to the Owner in accordance with the applicable provisions of the Act. The
Owner hereby directs the Town to make such payment(s) to it. The Parties
also agree that nothing contained in this Agreement shall require any credit
to be given to the Owner for the cost of constructing and installing the Storm
Sewer Work in respect of a development charge imposed by a Development
Charge By-law passed by the Town Council whether or not the development
charge includes, as a component, the whole or any part of the cost of the
Storm Sewer Work. The Owner hereby consents to the registration of the
Front-Ending Agreement referred to in this paragraph 5.20(3) against the
title to the Lands or such portion thereof as may be determined by the Town
in its discretion.
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- 23-
(4) The Owner and the Town acknowledge that in accordance with the
Town's previous policy, but for the enactment of the Act, the Town would
have covenanted in this Agreement to endeavour to collect the "Property
Frontage Charges" set out in Schedule "P" from owners of "Designated Areas"
(also set out in Schedule "P") with the exception of the Owner, as
development of the Designated Areas takes place, and after the collection
thereof, to pay the same to the Owner in order to reimburse it for part of the
cost of the Storm Sewer Work incurred by the Owner. The Owner and the
Town also acknowledge that because of the enactment of the Act and its
provisions, the Town's policy requires modification so that it will be consistent
with and implementable to the extent legally possible under the Act.
Accordingly, until the earlier to occur of the day immediately preceding the
day on which the Town Council passes a Development Charge By-law
pursuant to the Act and November 23, 1991, the Town will endeavor to collect
the Property Frontage Charges from the owners of the Designated Areas, and
after collectio.n thereof to pay the same to the Owner.
(5) Notwithstanding any other provision of this Agreement, the Parties
hereto understand and agree that nothing contained in this paragraph 5.20
shall constitute a covenant by the Town to pass or not to pass a Development
Charge By-law or a By-Ia'Y to authorize the making of the Front-Ending
Agreement referred to in paragraph 5.20(3) or to make such Agreements to
include therein the cost of the easement set out in Schedule "P" or to
reimburse or to take any steps to reimburse the Owner for any part of the
cost of the External and/or Oversized Service. If a By-law to authorize the
making of such Front-Ending Agreement is not passed by the Town Council,
or if such Agreement is not made, or if made is changed by the Ontario
Municipal Board, or if the obligations of the Parties to such Front-Ending
Agreement, if made, are changed by the Ontario Municipal Board, or if the
obligations of any Owner(s) of land within the intended relevant Benefiting
Area referred to in paragraph 5.20(3) is changed by the Ontario Municipal
Board, the Owner agrees that the Town is not required and the Owner will
not require the Town to make, any payment to the Owner or to reimburse
the Owner in any manner, and from any source that may be available to the
Town, in respect of the whole or any part of the cost of providing such
External and/or Oversized Service. Further, the Owner agrees with the Town
that the Owner will not take any step to seek an exemption from the Town's
Development Charge By-law if passed, or to seek or claim a reduction of or
a credit in respect of the amount of the development charge imposed by the
By,;law which in any way is based on the expenditures made or to be made
, by the Owner in respect of the External and/or Oversized Service referred
to.in this Agreement. Without limiting the generality of the foregoing, the
Owner further agrees with the Town that if the Town passes a Development
Charge By-law applicable to the Lands which comes into effect and the
development charge is based on the "Net Capital Cost" of "Services" (both
terms as defined in the Act), that results or will result from development in
all or a defined part or parts of the Town, 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 that the Owner or any other person will be
required to pay in respect of development of the whole or any portion of the
Lands on the ground that the cost of such External and/or Oversized Service
or the provision of such Service has been provided by the Owner, or such cost
bas been provided for in this Agreement, has or has not been included in the
development charge or that the development charge should have been
imposed in respect of a different defined area(s) of the Town or the whole
Town.
- I
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- 24-
5.21 financial Contributions for Certain External Works
(1) With respect to the "Mearns Avenue Rural and Urban Upgrading
Works" and the "Concession Street Urban Upgrading Work" (as defined in
Schedule "P-l"), the Owner shall pay to the Town the sum of one hundred and
eighty-nine thousand, two hundred and sixty-nine dollars and thirty-three cents
($189,269.33) which shall be secured and either paid to the Town, in cash, or
may be appropriated by the Town in accordance with paragraph 3.5(2).
(2) With respect to the Soper Creek West Branch Drainage Outfall System
(as defined in Schedule liP-I"), the Owner shall pay to the Town the sum of
one hundred and thirty-two thousand, four hundred ($132,400.00) dollars
which shall be secured and either paid to the Town, in cash, or may be
appropriated by the Town in accordance with paragraph 4.4(2).
~TIC:T ,E 6 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTIc:T ,E 7 - AUTHORITY TO MAKE AGREEMENT
The Parties acknowledge and agree that this Agreement is for the benefit of
the inhabitants of the Town. The Owner acknowledges and agrees that the Town has
authority to enter into this Agreement, that every provision hereof is authorized by the law
and is fully enforceable by the Parties, and that this Agreement is made by the Town in
reliance on the acknowledgement and agreement of the Owner as aforesaid.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
~
) CORPORATION OF THE TOWN OF
) CASTLE. h /l f). n
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) Mayor ~ (VI It f ; C f.I" b J;, ct r e1
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) ASHDALE CAPITAL CORPORATION LID.
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) Name: f2..;:)t::E-m Title: p~ /J:;r:-;:;r
SIGNED, SEALED AND
DEliVERED
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In the presence-of:
.
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We have the authority to
bind the Bank.
The name of The Royal
Bank of Canada was
c:hanaged to Royal Bank of
Canada as set out in
Order-In-Council P.C. 1990-
2221, a copy of which is
attached to instrument
registered as No. 162641 on
the 2nd day of November,
1990, in the Land Registry
Office for the Land Registry
Division of Newcastle (No.
10).
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ROYAL BANK OF CANADA
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R. W. lawrence, Senior Account Manager
N. S. MANAGEMENT INC.
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Name:
Title:
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815358 ONTARIO UMITED
Name: e,., 1~'1 '1frr(.CV4/( Title: ~JIj)"}Jr
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ASHDALE HOlDINGS LTD.
E-r/f Title: ;?,ec..:'5ID~7'I-r
ROMAN LANGENBERGERAND
WIll1AM FUJARCZUK in Trust
We have the authority to
bind the Bank.
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N. S. MANAGEMENT INC.
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Name: J'?l. Sv~ Title: ~I:
Name:
Title: ~-
SCHEDTJT.P. "A"
TInS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed on the 29th day of April, 1991.
, .FOAL 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 all of Lots 55, 56, 57, 58, 59 and 60 and part of reserve lot, Block D all of
Lots 1, 3, 5, 6, 7, 8, 9, 10, 91, 92, 93 and 94 and parts of Lots 4, 11, 12 and 95, Block E
and part of Porter Street and part of Winnstanley Street all according to the Porter and
Bradshaw Plan being part of Lot 9, Concession 2, Town of Newcastle (formerly Town of
Bowmanville), Regional Municipality of Durham, shown as Parts 1, 2, 4, 5 and 6 on Plan
of Survey deposited of record in the Land Registry Office for the Land Titles Division of
Newcastle (No. 10) as Plan 10R-3976.
,
.
SrHF.Ol IT.F. "E"
TInS SCHEDULE IS SCHEDULE"E" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April, 1991.
TRANSFERS OF EASEMENT
On the execution of this Agreement, the Owner sball deliver to the Town a
transfer of an easement in Part 1 on Plan of Survey deposited of record in the Land
Registry Office for the Land Registry Division of Newcastle (No. 10) as Plan
10R-3965 for the purpose of the construction, operation, repair, maintenance and
replacement of the Storm Sewer Work.
..
SCHEDULE -a.
THIS SCHEDULE IS SCHEDULE "G. to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of
Newcastle, enacted and passed the 29th day of April, 1991.
WORKS REQUIRED
1. $TORM SEWER WORK
The Owner shall construct, install, and supervise the construction and
installation of and maintain a storm drainage system, satisfactory to the Town, for
the removal and disposal of upstream storm water and storm water originating
within the said Lands, including storm sewer mains, manholes, service connections,
catchbasins and leads, open channels, storm outfalls and any other appurtenances
as may be required in accordance with the Town's Design Criteria and Standard
Drawings.
The Owner agrees to produce Engineering Drawings for the storm drainage
system, to the satisfaction of the Director.
The Owner agrees to obtaio 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
paragraph 2.3 and 2.5 of this Agreement.
2. ROADS
The Owner shall construct and install the following roads and services on
Kershaw Street, Flaxman Avenue and Lance Court as shown on the Plan at its cost
as follows:
(a) Pavement widths to be applied to the following streets: . as shown
on the Engineering Drawings.
(b) The grading and paving of all streets, including the installation of
Granular .A" and Granular .B" material to provide a proper base for
paving, shall be in accordance with the Town's Design Criteria and
Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all
streets, in accordance with the Town's Design Criteria and Standard
Drawings.
(d) The Owner agrees to construct, install, energize and maintain street
lighting, in accordance with the Town's specifications on all streets
and walkways in this Agreement, to the satisfaction of the Director of
Public Works.
(e) The Owner agrees to supply and install traffic signs and permanent
street-name signs, in accordance with the Town's Design Criteria and
Standard Drawings and to the satisfaction of the Director of Public
Works.
SCHEDI JT.R "I"
TInS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April, 1991.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's
Engineer shall prepare drafts of the following for the consideration and approval of
the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(t) the Works Cost 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 tbe Works and sball 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, the plumbing, drainage and irrigation
systems for the Eiram Park and the Private Works and to perform the foIIowing:
_I
(a)
(b)
(c)
(d)
(e)
(t)
~
- 2-
provide field layout including the provision of line and grade to the
contractors and, where required, restaking;
inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
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;
provide co-ordination and scheduling of the construction and
installation in accordance with the timing provision contained herein
and the requirements of the Director;
investigate and report to the Director any unusual circumstances which
may arise during the construction and installation; and
obtain field information, during and upon completion of the
construction and inStallation, required to modify the Engineering
Drawings to produce the as-constructed drawings.
.
.
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~ ~ _I
SCHEDULE -J-
THIS SCHEDULE IS SCHEDULE · J- to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of
Newcastle, enacted and passed the 29th day of April, 1991.
WORKS COST ESTIMATES
1
2
3
4
5
6
7
.8
PHASE 1 :
STORM SEWERS
ROAD-STAGE'
ROADS-STAGE II
STREET TREES
STREETLlGHTING
PARKS/LANDSCAPING
DETENTION POND
ROUGH GRADING
Subtotal
5% Contingencies
Subtotal
10% Engineering
TOTAL COST OF PHASE 1 SERVICES
EXTERNAL WORKS:
DEVELOPER'S SHARE OF STORMWATER WORKS ON
WEST BRANCH OF SOPER CREEK
TOTAl VAlUE OF PERFORMANCE GUARANTEE
DEVELOPER CASH CONTRIBUTIONS FOR MEARNS
AVENUE RURAL AND URBAN UPGRADING WORKS
AND CONCESSION STREET URBAN UPGRADING
WORK
TOTAL VAlUE OF CASH CONTRIBUTION
$ 620,096.50
$ 132,074.75
$ 261,605.00
$ 15,600.00
$ 15,300.00
$ 0.00
$ 0.00
$ 308.490.00
$1,353,166.25
$ 67.658.31
$1,420,824.56
$ 142.082.46
$1,562,907.02
$ 132,400.00
$1,695,307.02
$ 189,269.33
$ 189,269.33
The Performance Guarantee for the Works shall be based on the preliminary
estimates which are provided to the Director by the Owner's Engineer and approved by
the Director. When the Engineering Drawings have been approved by the Director as is
required by this Agreement, a revised Works Cost Estimates for the construction and
installation of Works shall be prepared by the Owner's Engineer and submitted to the
Director for approval. The revised Works Cost Estimates shall be used as a basis to
adjust the Performance Guarantee, if the Estimates increase or decrease.
..
SCHEDT IT.F. "1("
TIllS SCHEDULE IS SCHEDULE "1(" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April. 1991.
INSURANCE REOUIRED
1. TYPES OF COVERAGE REOUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property da.m~e with an insurance company
approved by the Town's Treasurer and licensed in Ontario to undelWrite 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;
(1) any loss or damage that shall or may result from the disposal of
effluent from any sewage disposal works; and
.
any loss or damage that shall or may happen to any public road or to
any otlier property of the Town or to the property of any other person
either directly or indirectly by reason of the Owner undertaking the
development of the said Lands together with any or all of the Works
and Utilities pertaining thereto.
(g)
..
,
2. ,AMOUNTS OF COVERAGE REOUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it
or them by the Town shall not be construed to relieve the Owner from responsibility
for other or larger claims for which it may be held responsible.
-2-
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.
SCHEDl IT.R "L"
TInS SCHEDUlE IS SCHEDUlE"L" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April, 1991.
REGm..ATIONS FOR CONSTRUCTION
1. REOUlREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the Director
permission to carry out the blasting operation.
2. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purposes and such topsoil must remain within the limits of the said
Lands.
00
3. PUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped any fill or debris
on the said Lands, nor to remove or permit to be removed any fill from any lands
to be dedicated to the Town other than the roads within the limits of the said Lands,
without the written consent of the Director.
4. DISPOSAL OF CONSTRUcnON GARBAGE
All construction garbage and debris from the said Lands must be disposed of
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 agrees to 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. OUALITATIVE AND OUANTITATIVE TESTS
The Owner agrees that the Town may have qualitative or quantitative tests
made of any materials or equipment installed or proposed to be installed. The costs
of such tests shall be paid by the Owner.
6. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of tbis Agreement, 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, shall be 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
agrees not to use or occupy any untravelled portion of any public road allowance
without the prior written approval of the authority having jurisdiction over such
public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the base course of asphalt on any
road required to be constructed under this Agreement, 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.
Similarly, the Owner shall, prior to the placement of the surface of asphalt
on any road required to be constructed under this Agreement, clean the base course
of asphalt and repair and replace such base course where necessary.
Until the internal roads are assumed by the Town, the Owner shall maintain
all internal roads in a condition acceptable to the Director, and shall ensure these
roads are free of dust and mud.
.
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.
.,
SCHEDUJ.E~
TInS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April, 1991.
OVERSIZED AND/OR EXTERNAL SERVICES
1. STORM SEWER WORK
This Work consists of the construction of oversized storm sewers within Plan
18T-88024 and on Concession Street and outfalling at the West Branch of Soper
Creek. More specifically, this work includes the installation of storm sewers,
manholes and a headwall as shown on G.M. Sernas Ltd. Project Drawing 88242,
dated August, 1989 and on file with the Director.
Total Estimated Cost
$932,032.25
Owner's Share
$224,587.49
-_/-
DESIGNATED OWNERS OF DESIGNATED COST SHARING
AREA AREAS REFE~ENCE
A Emily &. Deminico Marchetti Marchetti
111 Botfiled Avenue
Etobicoke, Ontario
M9B 4E6
B. 621182 Ontario limited Liza
16 Sims Crescent,
Unit 16
Richmond Hill, Ontario
LAB 2Pl
c. Ontario Land Corporation M.S.G.
Ministry of Government Services
13th Floor, Ferguson Block 1
77 Wellesley Street West
Toronto, On~o
M7A 1N3
D. Durbam Non-Profit Housing Corp. Durbam
1615 Dundas Street E, 4th Floor Non-Profit
Lang Tower, West Building
Whitby, Ontario
LIN 6A3
E. Ashdale Capital Corporation Ltd. Asbdale
85 West Beaver Creek Road,
Unit
Richmond Hill, Ontario
LAB 1K4
.
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NE'CASTLE
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MAY ., f991
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SUMMARY OF ESTIMATED COST fOR
pVERSIZ~G OF STORM SEWERS
wn J OWBROOK GARDENS
VAN lRT-88024
TOWN OF ~WCASTJ .F:
OWNERS OF DESIGNATED AREAS
1) MARCHETll
2) llZA
3) M.O.S.
4) DURHAM NON-PRom HOUSING
5) ASHDALE CAPITAL CORPORATION LID.
."
TOTAL
/
~ST SHARE
$237,493.37
116,229.35
340,234.48
13,48756
224.587.49
$932,032.25
-.====
':,
SCHEDITT.R "P-1"
1HIS SCHEDULE IS SCHEDULE "P-l" to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April, 1991.
FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS
1. CONCESSION STREET URBAN ROAD UPGRADING WORK
This Work means the road widening of Concession Street to an urban road
standard in accordance with the Town's Design Criteria and Standard Drawings.
The road widening program includes:
(i) Excavation
(ii) Grading
(ill) Installation of storm sewers
(iv) Installation of curb and gutter
(v) Installation of Granular" A" and "B"
(vi) Asphalt paving
(vii) Topsoil and sodding boulevards
(viii) Sidewalks
(x) Street lighting
Owner's Share $ 82,634.17
2. MEARNS AVENUE RURAL AND URBAN ROAD UPGRADING WORKS
This Work means the road widening of Mearns Avenue to an urban road
standard in accordance with the Town's Design Criteria and Standard Drawings.
The road widening program includes:
(i) Excavation
(ii) Grading
(ill) Installation of storm sewers
(iv) Installation of curb and gutter
(v) Installation of Granular "A" and "B"
(vi) Asphalt paving
(vii) Topsoil and sodding boulevards
(viii) Sidewalks
(x) Street lighting
Owner's Share: $106,635.16
L .
1 .
- 2-
3. WEST BRANCH OF SOPER CREEK STORMWATER MANAGEMENT
WORKS:
This work means stormwater ITulnagement works for the West Branch of the
Soper Creek and more specifically, the construction of a Stormwater Management
Facility, landscaping, fencing, erosion protection (from the Stormwater Management
Facility to the Soper Creek) and engineering and contingencies. These works are
described in the Master Drainage Plan for the West Branch of the Soper Creek,
prepared by Marshall Macklin Monaghan Ltd., dated June 1989, as approved by the
Director and on file with the Director. The total estimated costs of these works and
the Owner's share thereof are set out in the Cost Sharing Report for Implementation
of the Master Drainage Plan for West Branch of the Soper Creek prepared by
Marshall Macklin Monaghan Ltd. dated May 1990, as approved by the Director and
on file with the Director.
Total Estimated Cost
Owner's Share:
$2,057,000.00
$ 132,400.00
'.
SCHEDT IT:P. "R"
TInS SCHEDULE IS SCHEDULE"R" to the Agreement which has been
authorized and approved by By-law No.91-59 of the Corporation of the Town of Newcastle,
enacted and passed the 29th day of April, 1991.
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Em
(parts I, IT, m, IV Schedule "l")
Up to $100,000.00
$100,000.00 to $500,000.00
4% to a MAXIMUM OF $4,000.00
$500,000.00 to $1,000,000.00
$4,000.00 or 35% of the estimated cost of services -
whichever is greater
$17,500.00 or 3% of the estimated cost of services -
whichever is greater
$30,000.00 or 2.50% of the estimated cost of services -
whichever is greater
$1,000,000.00 to $2,000,000.00
$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
Regional services. The payment of the Engineering and Inspection fees to the Town of
Newcastle 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.
The aforesaid amount is to be paid prior to issuance of the authorization to
commence for each respective Phase.
, - --
SCHEDULE -V-
THIS SCHEDULE IS SCHEDULE -r to the Agreement which has been
authorized and approved by By-law No. 91-59 of the Corporation of the Town of
Newcastle, enacted and passed the 29th day of April, 1991.
LEGAL DESCRIPTION OF THE ROAD LAND
,
These lands and premises in the Town of Newcastle, in the Regional
Municipality of Durham which are more particularly described as Parts 1, 2 and 3 on plan
of Survey deposited of record in the Land Registry Office for the Land Registry Division
of Newcastle (No. 10) as Plan 10R - 3982.
.
~
.
RICHARD E. SHIBLEY, O.C.
DENNIS C. HEFFERON
BARRY S. WORTZMAN, O.C.
JOHN P. BELL
PETER H. SMITH
P. JOHN PITCHER
MICHAEL C. BIRLEY
MICHAEL L. PATERSON
BERNARD McGARVA
JONATHAN H. FLANDERS
BARBARA R. C. DOHERTY
HELDER M. TRAVASSOS
J.JAY RUDOLPH
NICHOLAS T. MACOS
CHRISTOPHER B. LOBB
SEAN M. FORAN
R. PETER A. MACDONALD
TIMOTHY J. HILL
LEONARD D. ROD NESS
SANDRA E. DAWE
CHRISTINE M. SILVERSIDES
OSCAR J. SALA
Shibley Righton
Barristers & Solicitors
RUPERT F. RIGHTON, O.C.
DONALD K. ROBINSON, O.C.
LESLIE S.MASON
MICHAEL FITZPATRICK,O.C.
BRIAN M. CAMPBELL
ALAN L. BROMSTEIN
PETER C. WILLIAMS
J. PAUL WEARING
PETER G. NEILSON
CHARLES SIMCO
WILLIAM L. NORTHCOTE
PETER M. WHALEN
CYNTHIA J. GUNN
WARREN S. RAPOPORT
MARTIN PETERS
CHARLES M. GASTLE
DONALD A. McNEILL
J. PAUL R. HOWARD
NETANUS T. RUTHERFORD
LINDA J. GODEL
SALVATORE J. P. FRISINA
THOMAS McRAE
MICHAEL GORDON (1969-1991)
MARTI N L. O'BRIEN, O.C.
COUNSEL
BARRY D. LIPSON, O.C.
October 31, 1991
HAROLD H. ELLIOTT, Q.C.
RICHARD E. ANKA, Q.C.
DEZ WINDISCHMANN
GEORGE CORN
V. ROSS MORRISON
JOHN C. SPEARN
RICHARD A. B. DEVEN NEY
PAUL E. MciNNIS
CLIFFORD I. COLE
THOMAS A. STEFANIK
JAMES ROSSITER
PETER V. RAYTEK
MARTIN J. HENDERSON
RICHARD E. COLES
ALEXANDER P. TORGOV
PHILIP P. HEALEY
SHEILA M.QUIGLEY
WADE D. JAMIESON
THOMAS R. WHITBY
JANIS E.INGRAM
JOHN D. HISCOCK
TeU416) 363-9381
Fax.:(4I6) 365-1717
Box 32 - 401 Bay Street
Toronto, Canada
M5H 2Z1
Suite 1800
._~~
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BY FAX #1-416-623-4169 AND DELIVERED BY HAN
Mr. Larry Taylor
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Dear Sir:
qy.- O~
r; . Ie:? f
Re: The Corporation of the Town of Newcastle
Subdivision Agreement with Ashdale Capital
Corporation Ltd., Parcel 55-1, Section Block D
Porter and Bradshaw Plan~ Newcastle (Bowmanville)
We wish to confirm that on October 28, 1991, we attended at the Registry Office for the
Land Titles Division of Durham at Whitby on your behalf and completed the following:
1. registration of the Subdivision Agreement among the Corporation of the Town of
Newcastle, Ashdale Capital Corporation Ltd., Royal Bank of Canada, NS
Management Inc., 815358 Ontario Limited and Security Trust Company, which was
registered as Instrument No. LT568837. The duplicate registered copy is enclosed.
2. registration of the escrow Transfer in respect of the Road Lands. Additionally, we
registered discharges of all outstanding encumbrances in respect of the Road Lands.
Shibley Righton
-2-
The Transfer was registered as Instrument No. LT568832 and the duplicate
registered copy is enclosed.
Yours truly,
SHIBLEY RIGHTON
Per: . ~ -"z-,./-- ..- ---...
Nicholas T. Macos
NTM/dh
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(6) This
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(a) Redescription
New Easement
Plan/Sketch
: (t-) Schedule for:
o i Description 0
DYE & DURHAM co. LIMITED
Form No. 970
Transfer/Deed of Land
A
Fonn 1 - Land Registration Refonn Act, 1984
(1) Registry 0
(3) Property
Identlfler(s)
Land Titles ~ T (2) Page 1 of 2
Block Property
Additional:
See 0
Schedule
pages
)
(4) Cc..nslderatlon
o
TWO------------------------ Dollars $ 2. 00
(5) Description This is a: Property 0 Property n r::;a---:: I).' +- c, ",..." 6-..). $I... {(
jlP' /-1- (!)...(:.. Division consolidatior 1/.(,.... IV" v c ~i"f" / ~
Parcel 2-1, Section Block E, (l!1.dJ"....~"',{rr)
Part of Lots 2, 4, 97 and 98, Block E
according to the Porter & Bradshaw Plan,
being Part of Lot 9, Concession 2
Town of Newcastle, Regional Municipality
of Durhm being designated as Part 2 on
Plan lOR-3982
o
Additional
Parties 0 Other 0
(7) InteresVEstate Transferred
Fee Simple
(8) Transferor(s) The transferor hereby transfers the land to the transferee lilI~~~~lCrH~j{aK:J6ti~~~~~}6~
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ., . . . . . . ., . . . . . . . . . .. . . . .. .. ., . . . . . . . . . . . . . . . . . . . .
Dai~ of Signature
.. . . . . ., . . . . . . . . . . . . . . . .. . . .. ., . . .............................................. Y M 0
Name(s) Signature~s).! I:
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.. ~~~I?~~~. ~~~I?~~~~..~~I? ~ .. .. .. .. .. .. . .. . ... ~~.~ ~.. .., .. , . .. .. . .. .. : .. . ~~ ~ ~;1. ...:. V.
a.c 11zabeth K1ff ! !:
P Sl ent i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ................................ l' . . . . . . r:., . . .
i,
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................................ 1 . ~ . " ... 'I: . . .
I:
!
(9) SpOuse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M 0
i ::
I . I
. . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . .!. . . 1 . . . .
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, .
. '
(10) Transferor(s) Address
for Service 85 West Beaver Creek Road, Unit 2, Richmond Hill, Ontairo, L4B lK4
(11) Transferee(s) Date of Birth
Y M 0
I I i
THE CORPORATION OF THE TOWN OF NEWCASTLE i I i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . '!' . . 1 . . . .
: !;
, I I I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .!. . . : . . . .
: I I
! : i
. I I I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . .t. . . i' . . .
i I f
: ~ I
(12) Transferee(s) Address
forServlce 40 Temoerance Street, Bowmanville, Ontario, LIC 3A6
(13) Tran.feror(.) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act, 1983. Date of Signature Date of Signature
, Y ,M, 0; : Y ,M I 0
I :. I I I I
Signature. . . . . . . . . . . . . . . . . . . . . . . . .!. . . . . .:. . . J . . .! Signature...........................! . . . . . .!. . . j. . . .
Solicitor for Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor
...J to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge
~ and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
g Name and I Y : M; 0
a.. Address of S' : : I
o Solicitor Ignature. . . . . . . . . . . . . . . . . . . . . . . . . . .J . . . . . .:. . . .. . . . .
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(14) Solicitor for Tranlferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subClause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this
transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario
solicitor in good standing. \
Name and
Address of
Solicitor
(15) Assessment Roll Number
of Property
"-
(16) Municipal Address of Property
I Cty.
Mun'i
:
Not Assigned
.-
Date of Signature
Y M 0
Signature. . . . . . . . . . . . . . . . . . . . . . . . . .
,
,
.
,
.
,
.,' . . . . .
Map ! Sub.: Par. !
i i i Not Assigned
, , ,
(17) Document Prepared by:
JOHN R_ GRUMMETT
Barrister & Solicitor
85 West Beaver Creek Road
Unit 2
Richmond Hill, Ontario
TAB lK4
,I~ Fees and Tax
..;,
~ Registration Fee
~ Land Transfer Tax
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DYE & DURKAM CO INC. . Form No. 500
Amended 1911
Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
Section Block E being part of
Town of Newcastle, Regional
.
Refer to all instructions on reverse side.
.IN THE MATTER OF THE CONVEYANCE OF (Insertbrlefdescnptlonof/and) Parcel 2-1.
~ Lots 2, 4, 97 and 98/ Block E, Porter & Bradshaw Plan,
Municipalitv of Durham being Part 2 on Plan IOR-3982
BY (print names of alltransferors In full) Ashdale Holdings Ltd.
TO (see instruction 1 and print names of all transferees In full)
The Corporation of the Town of Newcastle
I, (see Instruction 2 and print nam8(s) in fuff)
Nicholas T. Macos
MAKE OATH AND SAY THAT:
1. I a m (place a C/e8r marl< within the square opposite /hat one of the foflowing paragraphs that describes the capacity of /ha deponent(s)): (see Instruction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is be.lng conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
o (d) The cn:rt't'l~allgent"Or solicitor acting in this transaction for (insert name(s) 0/ principal(s)) 'T'bE' rnrpnr;::!t-; nl'l nr tr,e Town of
Newcastle
described in paragraph(s) tllT,--U"r.-'tt) above; (strike out references to inapplicable paragraphs)
o (e) The President, V ice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insert name(s) of corporation(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to in3pp!icable paragraphs)
o If) A transferee described in paragraph( I (insert only one of paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and on
behalf of (Insert name 0/ spouse) who is my spouse described
in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the considllration for the conveyance exceeds $400,000).
I have read and considered the definition of "single fam ily residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above-described conveyance
o contains at least one and not more than two single fam ily residences. NoIB: Clause 2( 1)(d) imposes an additional tax at the rate of one-half of one per
o does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey-
o contains more than two single family residences. (see instruction 3) ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (11 If) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non-resident corporation"
or a "non-resident person" as set out in the Act. (see instructions 4 and 5) nil
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
la) Monies paid or to be paid in cash $
(b) Mortgages I i) Assumed (shew principalllnd interest to be credited against purchase price) $
(ii) Given back to vendor . $
(cl Property transferred in exchange (deteil below) $
(dl Securities transferred to the value of (detail below) $
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject $
(f) Other valuable consideration subject to land transfer tax (detail below) $
2.00
nil
nil
nil
nil
nil
nil
All Blanks
Must Be
Filled In.
Insert "Nil"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tora/of(a) to (f)) $ 2.00 $ 2.00
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tax is payabie on the value of all chattels unless exempt under $ ni 1
the provisions of the "Retail Sales Tax Act', R.S.O. 1980, c.454, as amended) . . .
(i) Other consideration for transaction not included in Ig) or (h) above $ nil
(j) TOTAL CONSIDERATION $ 2.00
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6)
Where
Applicable.
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations, if necessary.
Sworn before me at the Ci ty of Toronto
in the Municipali ty of Metropolitan Toronto
this ~ l.f day of June 19 91
C4$iL~
A Commissioner for tak ing Affidavits, etc.
~ '/ .-----
slgnature(s)
Nicholas T. Macos
For Land Registry Office Use Only I
Registration No.
Registration Date I Land Registry Office No..
Property Information Record
A. Describe nature of instrument: Transfer of Land
B. (i) Address of property being conveyed (if available)
~assi9'ned
(ii) Assessment Roll No. (if available) not assigned
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being
conveyed (see instruction 7) 40 Temperance Street. Bowmanville
Ontad 0 LIe 3A6
D. (j) Registration number for last conveyance of property being conveyed (if available)
(Ii) Legal description of property conveyed: Same as in D.(j) above. Yes 0 No 0 Not known !!J
E. Name(s) and address(es) of each transferee's solicitor
Shibley Righton
#1800 - 401 Bay Street
Toronto. Ontario MSH lZl
School Tax Support (Voluntary Election) See reverse for explanation
(a) Are al! IndiVidual transferees Roman Catholic? YesD No 0
(b) If Yes. do all Individual transferees Wish to be Roman Catholic Separate SchOOl Supporters? YesD No 0
Ic) Do all IndiVidual transferees have French Language Education Rights? YesD No 0
(d) If Yes, do all Individual transferees wish to support the French Language School Board (where established)? Yes 0 No 0
NOTE: As to (c) and (<I) the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
04490 (90-0,
DYE & DURHAM CO. LIMITED
Form No. 985
lii :;ovince
~ Ontano
Document General
Form 4 - land Regl.tratlon Reform Act, 1984
o
(1) Registry 0
(3) Property
ldentlfler(.)
land Titles [X T (2) Page 1 of I ( J pages )
Block Property
Additional:
See 0
Schedule
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Notice or Subdivisioa Agreement (Section 74 of the Act)
(5) Conllderatlon
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(6) Description
New Property Identifiers
Additional:
See 0
Schedule
Parcel SS-I, Sectioa Block D, Porter and Bradshaw Plau, Newcastle
(Bowmaaville) beiDg Lots SS, 56, 57, 58, 59 and 60 and part or Reserve Lot,
Block D; all of Lots 1, 3, 5, 6, 7, 8, 9, 10, 91, 91, 93 and 94 and part of Lots
4, 11, 12 and 95, Block E, aDd part of Porter Street aDd part of Wiaastanley
Street, all aecordiD& to Porter aDd Bradshaw PIau beiDg part of Lot 9,
Concession 2, Geographic TOWDSbip of DarIiDgtoa, TOWD or Newcastle,
Regioaal Mualdpality of Durham desigDated as Parts 1, 2, 4, 5 and 6 on Piau
10R-3976.
~
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..
Ex....'Utlon.
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
: (b) Schedule for:
: Additional
o i Description 0 Parties 0 Other 0
(8) This Document provlc:le. as follows:
I
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of Ashdale Capital Corporation Ltd. as Parcel 55-1, Section Block 0, Porter
and Bradshaw Plan Newcastle (Bowmanville), Newcastle (Darlington) and hereby applies under Section
74 of the Land Titles Act for the entry of a Notice of Subdivision Agreement in the Register for the said
Parcel.
Continued on Schedule 0
( (9) This Document relates to In.trument number(')
((10) Party(les) (Set out Status or Interest)
I Name(s)
)
. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . .. . .. . . .. . . . .. .. . .. . . . . .. .
Signature(s) Date of Signature
Y M 0
-1 /. ~ i 1991 liD !2..~
. Nicliolas T. 'Macos' . . . . . . . . . . . . . . . . I . . . . . ! . . . r . .
: ; I
, '
, '
.. . . .. . ... .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. . .. ., .. . : . .. . .. . . .. .. .j. .. ..
! !
: :
. . . . . . . . .. . . . .. .. . . . . . . . . .. . .. . .. . . . .. .. . ! . .. .. .. .....;"....
: i
: !
THE CORPORATION OF THE TOWN
. . . OF'NEWCASnE 'by it soliCitors' . . . . . . . . . . . . .
. . .~I;I~~~F;V.IQ~m9~.~I: Ni~"~'~~. . . . . . . . . . . .
T. Macos
(11) Address
for Service 40 T
(12) Party(les) (Set out Status or Interest)
Name(s)
~, ....
.. T" "PP.T
.".- . L1C ~An
Signature(s)
Date of Signature
Y M 0
.. .. .. . .. .. . . .. . .. . .. .. . . .. . . .. . .. . .. .. .. . .. . . .. . . .. . .. .. . .. . .. .. . . .
: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : to : : : 0
o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f 0 0 0 0 .
!
. . .. . .. . . .. . . . . .. . .. . . . . .. .. . .. . . . . . . . .. . . .. . . .. .. . . . .. .. . .. .
.. . . .. . . . . .. .. . . .. . .. . .. .. . . . .. . .. . .. . . . . . . .. .. . .. .. .. .. .. .. . .. . .
(13) Address
for Service
(14) Municipal Addres. of Property
not assigned
(15) Document Prepared by:
Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario MSH 2Z1
Attn: Nicholas T. Macos
II Fees and Tax
~
~ Registration Fee
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10174 (12/84) ,
......'~.. ,,-,.
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THIS AGREEMENT made in quintuplicate as of this '2 {day of P~k.1991.
BE1WEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
. and .
ASH DALE CAPITAL CORPORATION LTD.
. and .
ROYAL BANK OF CANADA,
N.S. MANAGEMENT INC., 815358 ONTARIO LIMITED
AND SECURI1Y TRUST COMPANY
SUBDIVISION AGREEMENT
/
',.
I
Page 2
~
L
I ;.. ~
.
INDEX
Page 3
ARTICLE 1. INTERPRETATION AND SCHEDULES ................... 7
1.1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · 7
1.2. Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · .. 12
ARTICLE 2. GENERAL .. . . . . . . . · · . · · · · · · . . · · · · . · · · · · · . · · · · · · · . · ·
ARTICLE 3. FINANCIAL
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.U
3.13
3.14
3.15
3.16
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.U
2.13
2.14
2.15
2.16
Recitals in Operative Part of Agreement .....................
Certification of Ownership
Copy of Plan and Agreements Required ......................
Transfer of Easements ..................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of Lands . . . . . . . . . . . · . · · · · · · · · · · · · · · · · · · · · · · · · ·
Not Used ............................................
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 ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of Taxes ......................................
Payment of Local Improvement Charges .....................
Payment of Drainage Charges .............................
Payment of Development Levies . . . . . . · . · · . . . · · . · · · · · · · · · · · ·
Cash in Lieu of Land Dedication . . · · · · · · · · · · · · · · · · · · · · · · · · ·
Performance Guarantee Required ..........................
Use of Performance Guarantee ............................
Indemnification of Town .....
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insurance . . . . . . . . . . . . . . . . · · · · . · · · · · · · · · · · · · · · · · · · · · · ·
Maintenance Guarantee Required ..........................
Use of Maintenance Guarantee ............................
Requirements for Release of Performance Guarantee
Requirements for Release of Maintenance Guarantee
. . . . . . . . . . . .
. . . . . . . . . . . .
Payment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . · · · · . . · · .
Unpaid Monies . . . . . . . . . . . ·
Occupancy Permit Deposit
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I
U
U
13
13
14
14
15
15
15
IS
15
16
17
17
17
18
18
18
18
19
19
19
20
20
20
21
21
21
22
22
23
23
24
24
, "
AR.TIC~ 4. PIANNING .........................................
4.1 Not Used ............................................
4.2 Landscaping Plan and Landscaping Requirements ..............
4.3 Use of Lands .........................................
4.4 Lands Unsuitable for Building ............................
4.5 Lands Requiring Site Plan ...............................
4.6 Requirements for Building Permits .........................
4.7 Model Homes . . . . . . . . . . · · · . · · · · . . . · · · · · · . · · · · · · · · . · · · ·
4.8 Architectural Control Standards ...........................
4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . · · · · · · · · · · · ·
4.10 Requirements for Occupancy Permit ........................
4.11 Cash in Lieu of Lands for Park or Other Public Recreational
4.12
AR.TICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.U
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
Purposes ............................................
Special Conditions .....................................
5 . PUBLIC WORK.S ....................................
To\Vl1 Works Required . . . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · · ·
Utilities and Services Required ............................
O\Vller's Engineer ......................................
Design or Works . . . . . . . . . . . . · · · · · · . · · · · · · · · · · · · · · · · · · · .
Approval of Engineering Drawings . . . . . . . . . . . . . . · · · · · · · · · · · ·
Approval of Grading and Drainage Plan .....................
Staging of Construction . . . . . . . . . . . . · . . . · · · · . . . · · · · · · · · · · ·
Approval of Schedule of Wo.'~~s ............................
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 or Works by Town. ..................................
Maintenance of Roads after Completion . . . . . . . . . . . . . . . . . . . . . .
Requirements for Certificate of Completion ...................
Requirements for Certificate of Acceptance ...................
Ownership of Works by Town .............................
,
Page 4
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27
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27
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32
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45
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46
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47
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48
49
50
51
52
52
52
PageS
5.26 Requirements lor Certiftcate 01 Release ...................... 53
5.27 External and/or Oversized Services ......................... 53
5.28 Financial Contributions lor Certain External Works · · · · · · · · . . . . . 58
ARTICLE , · COMPLIANCE WITII REGULATIONS ................... 58
ARTICLE 7 · RESPONSIBILI1Y OF SUBSEQUENT OWNERS .......... 5'
ARTICLE 8 · TIME OF ESSENCE ................................ 5'
ARTICLE , · AUTHORI'IY TO MAKE AGREEMENT ................ 5'
ARTICLE 10. AGREEMENT TO REPLACE CERTAIN PROVISIONS OF
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5'
Schedule "A"
Schedule "II"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "r
Schedule "G"
Schedule "G. 1"
Schedule "8"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L.
Schedule "M"
Schedule "N"
Schedule .0.
Schedule "P"
Schedule "P.l"
Schedule "Q"
Schedule "R.
Schedule "S.
Schedule "UW
Schedule try"
Schedule "W"
SCHEDULES TO AGREEMENT
.
"Legal Description or the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash to be Paid in
Ueu Thereor
"Works Required"
"Staging Plan"
"Utilities and Sen-ices Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
"Oversized and/or External Services"
"Financial Contributions lor Certain External Works"
"Conservation Authority's Work"
"Engineering and Inspection Fees.
"Region's Conditions 01 Approval"
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
.
.
.
.
.
.
.
.
.
.
l I I I I
Page 6
Aahdale
THIS AGREEMENT made in quintuplicate as of this 22nd day of August, 1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the ''Town")
OF THE FIRST PART
- and -
ASHDALE CAPITAL CORPORATION LTD.
(hereinafter called the "Owner")
, OF THE SECOND PART
- and -
ROYAL BANK OF CANADA,
N.S. l\1ANAGEMENT INC., 815358 ONTARIO LIMITED
AND SECURITY TRUST COMPANY
(each of which is hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS
A The lands owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto, and are hereinafter called the "Lands";
B The Owner represents and warrants that subject to Recital C it is the
registered Owner of the Lands in fee simple absolute;
C The Owner represents and warrants that there is no other mortgagee or
chargee of the Lands than each Mortgagee;
D The Owner has received the approval of the Regional Municipality of
Durham, (hereinafter called tbe "Region") draft Plan of Subdivision 18T-88024 of the Lands
subject to compliance with certain conditions thereto including the making of Subdivision
Agreements with the Region and the Town, respectively;
t_j'
Page 7
E The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
F The Town Council, by adopting the recommendations contained in Report
#WD-23-90, approved the Michael Stuart Group's application on behalf of the Owner that
the Owner be permitted to pre-service the road allowances shown on draft Plan of
Subdivision 18T-88024 and undertake certain other Works prior to the approval of the final
Plan of Subdivision of the Lands after an Agreement specified in such Report was made
between the Owner and the Town as authorized by-law 91-59. (the "Pre-Servicing
Agreement");
G The Owner, the Town and certain other Parties thereto have executed the
Pre-Servicing Agreement made as of May 1st, 1991;
H 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";
I 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-88024;
J This Agreement is made pursuant to the provisions of Subsection 50(6) of
the Planning Act, 1983 and is authorized by By-law 89-121 passed on July 10th, 1989;
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1 - INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
, 4.' I I
Page 8
(a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement.
(b ) "Applicant" means an individual, an association, a partnership or corporation
who applies for the necessary building permits for the lots or blocks covered
by this Agreement.
(c) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
(d) "Benefiting Area" has the meaning assigned to it in paragraph 5.27(3) of this
Agreement.
(e) "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) "Concession Street Urban Road Upgrading Work" has the meaning assigned
to it in Schedule "P-1" of this Agreement.
G) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule "P' of this Agreement.
(k) "Council" means the Council of the Corporation of the Town of Newcastle.
(1) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(m) "Designated Areas" has the meaning assigned to it in paragraph 5.27(3) of this
Agreement.
(n) "Development Charge By-law" has the meaning assigned to it in paragraph
3.4(2) of this Agreement.
Page 9
(0) "Development Levies" has the meaning assigned to it in Schedule "D" of this
Agreement.
(P) "Director" means the Director of Public Works of the Town of Newcastle or
his designated representative.
(q) "Director of Community Services" means the Director of Community Services
of the Town of Newcastle or his designated representative.
(r) "Director of Planning" means the Director of Planning and Development of
the Town of Newcastle or his designated representative.
(s) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this
Agreement.
(t) "External and/or Oversized Services" has the meaning assigned to it in
paragraph 5.27(1) of this Agreement.
(u) "Final Noise Impact Study" has the meaning assigned to it in paragraph
4.12(6) of this Agreement.
(v) "Front-Ending Agreement" has the meaning assigned to it in paragraph 5.27(3)
of this Agreement.
(w) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6
or this Agreement.
(x) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(y) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this
Agreement.
(z) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(aa) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this
Agreement.
(bb) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1)
of this Agreement.
(cc) "Minister" means the Minister of Municipal Affairs. Ontario.
_I
I ,r f'
Page 10
(dd) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(ee) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(6) of this
Agreement.
(ft) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this
Agreement.
(gg) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
(hh) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2)
of this Agreement.
(ii) "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.
(jj) "Owner's Engineer" means a professional Civil Engineer, registered by the
Association of Professional Engineers of Ontario.
(kk) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of
this Agreement.
(ll) "Property Frontage Charges" has the meaning assigned to it in paragraph
5.27(5) of this Agreement.
(mm) "Reapproved Engineering Drawings" has the meaning assigned to it in
I paragraph 5.5 of this Agreement.
i
(00) I "Reapproved Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(00) ''Region'' shall mean the Corporation of the Regional Municipality of Durham.
.
(Pp) ''Reconstruction Work" has the meaning assigned to it in Schedule"G" of this
Agreement.
, ,
Page 11
(qq) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(rr) "Services" has the meaning assigned to it in paragraph 5.27(6) of this
Agreement.
(ss) "Security for the Maintenance Guarantee" has the meaning assigned to it in
paragraph 3.10(2) of this Agreement.
(tt) "Solicitor" means the Solicitor for the Town.
(uu) "Soper Creek West Branch Drainage Outfall System" has the meaning
assigned to it in paragraph 4.12(5) of this Agreement.
(vv) "Storm Sewer Work" has the meaning assigned to it in Schedule "P" of this
Agreement.
(ww) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(xx) "10M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement.
(yy) "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.
(zz) "Treasurer" means the Treasurer of the Town of Newcastle or his designated
representative.
(aaa) "Utilities and Services" means the utilities and services referred to in Schedule
"H" of this Agreement.
(bbb) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement.
(ccc) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this
Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the words
"at tbe cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, tbe singular
includes the plural and the masculine includes the feminine.
I
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Page 12
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and agreements:
Schedule "G"
Schedule "G-I"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "P-I"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "U"
Schedule "V'
Schedule "W"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof"
"Works Required"
"Staging Plan"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
"Oversized and/or External Services"
"Financial Contributions for Certain External Works"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "A"
Schedule "B"
Schedule "C'
Schedule "D"
Schedule "E"
Schedule "P'
ARTICLE 2. GENERAL
2.1 Recitals in Operative Part of A2reement
The Owner represents and warrants to the Town that each of Recitals A to I of
this Agreement is correct.
./
L
.
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Page 13
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~reements 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 "10M Plan") is contained in
Schedule ItB" attached hereto. The Owner shall also furnish to the Town at the time of the
execution of tbis Agreement, one (1) copy of the final Plan of Subdivision which has
marked on it tbe 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.
j
1 ~ 1 I I
Page 14
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town
the executed transfers of easements which are set out in Schedule "E" and shall pay
to the Town in cash or by certified cheque the amount which is equal to any tax, fee
or cost payable at the time of or in respect of the registration of such transfers
against the title to the lands to which they apply. Such transfers shall be free and
clear of all encumbrances and restrictions, shall be made for a nominal
consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall
be in registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a planes) of subdivision of any 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 Transfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Town executed
transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all
encumbrances and restrictions, of the lands set out in Schedule "F' hereto and shall pay to
the Town in cash or by certified cheque an amount of money which is equal to any tax, fee,
or cost payable at the time of or in respect of the registration of such transfers against the
title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall
contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal
consideration, and shall be in a registerable form.
-'
Page 15
2.' Not Used
2.7 R~stration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time
as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which
are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved
and registered against title, the registered number of the Plan shall be left blank and the
Owner hereby authorizes the Town to insert such Plan number after registration of the
PIan.
2.8 Postponement of Mortaa.
Each 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 each
mortgage. In the event that (1) a Mortgagee obtains an order of foreclosure against the
Owner, (2) a Mortgagee directly or indirectly takes possession of the Lands, or (3) the
Lands are sold after <!efault occurs under a mortgage, the Lands shall not be used or
developed by any person otherwise than in conformity with the provisions of this
Agreement. In order to give further assurance to the Town, each 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.
2.9 Charce on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.10 R~listration of Aareement
The Owner and each Mortgagee hereby consent to the registration of this Agreement
or a notice thereof against the title to the Lands. Neither the Owner nor any Mortgagee
will register, permit or suffer any person to register any instrument after !he 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 each Mortgagee also hereby consent
to the registration of an Inhibiting Order(s) or a Caution(s) against the title to the Lands
or the relevant portiones) thereof as the case may be, in order to give further effect to the
foregoing and acknowledge that the Town has reasonable cause to register an Inhibiting
Order(s) or Caution(s) as the case may be.
1}1 , I
Page 16
2.11 Reneaotiation and Amendment of A~reement
(1) Following the occurrence of any of the events set out below in this paragraph 2.11
(the "Renegotiation Events"), the Town may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall
be renegotiated and, if necessary amended by the Parties. No later than the expiry
of the ten (10) day period following the date on which such notice is given, the
Owner will cease and will require all persons with whom it has a contractual
relationship to cease constructing and installing the Works referred to in such written
notice until the specified provisions of this Agreement have been renegotiated and
any necessary amendment(s) made to this Agreement. The Renegotiation Events
are the following:
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for the said Lands which the Town considers to be
substantially different from the 10M 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;
(Hi) either if a Subdivision Agreement between the Owner and the Region has not
been executed at the date as of which of this Agreement is made, or if such
Subdivision Agreement between the Owner and the Region has been so
executed, it is amended subsequent to the date as of which this Agreement
is made, the provisions of such Subdivision Agreement between the Owner
and the Region, in the opinion of the Town, affect materially the location or
sizing of any of the Works to be supplied and installed under the terms of this
Agreement; or
(iv) construction or installation of any of the Works has not commenced within
two (2) years from the date of registration of the final Plan of Subdivision of
the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation
of specified provision(s) of this Agreement, the Owner and the Town will renegotiate
the same in good faith and with expedition. In the event that the renegotiation has
not been completed or has not resulted in agreement by the Parties prior to the
expiry of the twenty (20) day period following the date on which the notice requiring
the renegotiation is given as aforesaid, at any time thereafter the Town may give the
Owner written notice declaring this Agreement to be terminated whereupon it shall
terminate.
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(2) On the termination of this Agreement by the Town declaring it to be terminated in
accordance with paragraph 2.11(1), none of the Parties hereto may make any claim
against the Town for damages for any loss or cost or make any claim against the
Town for compensation in respect of any of the Works, whether located in whole or
in part on land in which the Town has an interest. Notwithstanding the foregoing,
the Owner and the Town expressly agree that the covenants and agreements
contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this
Agreement and paragraphs 3.6, 3.8, 5.15, 5.17, 5.18 and 5.19 of the Pre-Servicing
Agreement will survive the termination of this Agreement pursuant to paragraph
2.11(2), and paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this
Agreement and paragraphs 3.6, 3.8, 5.15, 5.17, 5.18 and 5.19 of the Pre-Servicing
Agreement shall continue to bind the Owner and may be enforced by the Town in
the same manner and to the same extent as if this Agreement had not been
terminated.
(3) Without derogating from the provisions of paragraph 2.11(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
2.12 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
Director is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission or
approval, then such action, decision, confirmation, authorization, permission or approval
shall be made promptly in all respects and the Town and its officials shall act reasonably.
2.13 Assi~ment of Aweement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.13
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement
2.14 Replacement of Draft Plan with Final Plan(s)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement,
only a red-lined copy of draft Plan of Subdivision 18T-88024 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 10t(s) or block(s) and
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street(s) shown on such red-lined draft Plan of Subdivision. The 10M Plan proposed
by the Owner is also contained in Schedule "B".
(2) On a final Plan of Subdivision implementing Plan 18T-88024 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-88024 for the purposes
of this Agreement. All amendments necessary to this Agreement shall be considered
to have been made to it and to the descriptions and references contained in it,
including without limiting the generality of the foregoing, Schedules "B", "E", "F, "G",
"N", "0", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-88024 with descriptions and references to and
that are consistent with such registered final Plan of Subdivision.
2.15 Notification of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
The Owner:
Ashdale Capital Corporation Ltd.
85 West Beaver Creek Road, Unit 2
Richmond Hill, Ontario L4B 1K4
or such other address of which the Owner has notified the Town in writing. Any such
notice so mailed or delivered shall be deemed good and sufficient notice under the terms
of this Agreement and shall be effective from the date which it is so mailed or delivered.
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3 - FINANCIAL
3.1 PaJ'l11ent of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
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one or more portions of the Lands after the date of execution of this Agreement in
accordance with the Jaw.
3.2 Payment of Local Improvement Charles
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 wbich
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 P.yment of Dralna&! Chsr:&es
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage cbarges assessed under the Drainage Act, R.S.O. 1980, c.I26, and the Tile
Drainage Act, R.S.O. 1980, c.sOO against the Lands, as set out in Schedule "e' hereto,
including the commuted value of such charges falling due after the date of execution of this
Agreement.
3.4 Payment of Development Levies
(1) The Owner shall pay all "Development Levies" (as defined in Schedule "D") in the
amounts and at the times set out in Schedule "D" hereto. For greater certainty, prior
to the issuance of any building permit in respect of any lot(s) or block(s) on the
Lands, the Owner shall pay all remaining Development Levies assessed against such
lot(s) or block(s).
(2) Without derogating from paragraphs 5.27(6) 5.28(1),5.28(2) and 5.28(3), the Parties
acknowledge and agree that none of the provisions of this Agreement, including but
not limited to paragraph 3.4 and Schedules "D", "0" and "P', are intended nor shall
they be considered to have the effect of exempting the Owner in whole or in part
from, or making inapplicable to the Owner, or making inapplicable in respect of the
development of the Lands, a development charge that after the date of this
Agreement may be imposed by the Town by passing a By-law (~e "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 a~~eJJlent to pay
Development Levies pursuant to paragraph 3.4(1) and Schedule "D"in respect of the
development of the Lands or any part thereof is not intended by the Parties and
shall not have the effect of limiting the Owner's obligation to pay only tbat portion
.
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of a development charge otherwise imposed by a Development Charge By-law which
is not in excess of the amount of the Development Levies on the date of issuance
of any building permit under the Ontario Building Code Act for a dwelling(s)
proposed to be constructed on the Lands that would have been payable under
paragraph 3.4(1) and Schedule "D" if the Town had not passed a Development
Charge By-law.
3.5 Cash in Lieu of Land Dedication
On the execution of this Agreement, the Owner shall pay the Town the cash payment
in lieu of dedication of lands as set out in Schedule "F' hereto.
3.6 Performance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued
by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's
Treasurer, and containing terms satisfactory to the Town's Treasurer. The deposit shall be
in the amount which is required to secure to the Town the performance by the Owner of
its covenants contained in this Agreement to construct and install the Works and the
performance ofthe Owner's obligations under paragraphs 5.13(2), 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
(1) 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.
(2) For greater certainty, the portion of the Performance Guarantee for the Owner's
share of the costs of the "Soper Creek West Branch Drainage Outfall System" (as
hereafter defined) may be appropriated by the Town for the purposes set out in
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paragraph 4.12(5) hereof. Notwithstanding any other provision of this Agreement,
if such appropriation is made, the Owner is not required to reinstate the portion of
the Performance Guarantee in the amount of one hundred and thirty-two thousand,
four hundred ($132,400.00) dollars, being the amount so appropriated.
3.8 Indemnification or Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against
all actions, claims, liabilities, losses, damages and expenses including reasonable legal
fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, or the design, construction, and/or
installation of the Works provided for in this Agreement.
(2) The Owner shall continue to indemnify and save harmless the Town as provided in
paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the
Owner and notwithstanding any arrangements that may be made by the Town with
any person respecting any of the matters indemnified against under this Agreement.
(3) For greater certainty, the making of this Agreement is not intended to and shall not
have the effect of requiring the Town to do or refrain from doing any act or making
any recommendation necessary for the Owner to achieve approval of the final Plan
of Subdivision of the Lands and its registration against the title to the Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof
as required by Schedule "K" of this Agreement on or prior to the execution of this
Agreement and thereafter in accordance with Schedule "K".
3.10 Maintenance Guarantee Required
(1) From the date of issuance of a Certificate of Completion of the Works or any of
them, until the date of issuance of a Certificate of Acceptance of such Works, the
Owner agrees with the Town to promptly correct, remedy, repair or replace any
portion or component of such Works that the Director determines to be defective
or deficient having regard to the provisions of this Agreement at the Owner's cost
(the "Maintenance Guarantee"). The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) Prior to the date of issuance of a Certificate of Completion of the Works or any of
them, the Owner will deposit with the Town cash or an irrevocable and
unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the
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Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to
the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security
for the Maintenance Guarantee shall be in an amount not less than fifteen (15%)
percent of the cost of the Works in question referred to in Schedule "J" hereto. In
the event that the Owner fails to perform the Maintenance Guarantee, the Town
may correct, remedy, repair or replace the defective or deficient Works, portion of
Works or component thereof and appropriate the whole or any part of the Security
for the Maintenance Guarantee as is necessary to indemnify the Town in respect of
the cost of doing so.
(3) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works covered by the Certificate of Completion referred to in
paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant
period of the Maintenance Guarantee for the following Works as set out below:
(1) "Storm Sewer System" (as hereafter defined) including 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 the Certificate
of Acceptance for the Roads and Above Ground Services.
3.11 Use of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner
to the Town under this Agreement. The amount(s) of such appropriation shall not exceed
the cost as determined by the Director of correcting the deficiency(s) or defect(s) in the
Works or a portion or component thereof, which is covered by the Maintenance Guarantee
and is in question. Forthwith, after the Town makes any such appropriation, the Director
shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the
Owner shall restore the Security for the Maintenance Guarantee to the full amount
required by this Agreement.
3.U 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
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reflect the 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 of the value
of the completed Works, facilities and services, also determined by the Director
having regard to the Progress Certificate prepared by the Owner's Engineer in
respect of the completed Works if such has been submitted to the Town by the
Owner.
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) a Certificate of Completion has been issued for the Works for which such
Performance Guarantee is required under this Agreement;
(b) the Owner has deposited with the Town, the Maintenance Guarantee applying
to the Works for which the Performance Guarantee was required; and
(c) the Town is satisfied that in respect of the construction and installation of the
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
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of this Agreement, which include the review of the Performance Guarantee, the
review of the Security for the Maintenance Guarantee and the preparation of a
Certificate(s) of Release, provided that services have actually been performed for the
Town.
(2) After the date of execution of this Agreement, forthwith after written notice is given
to the Owner containing reasonable particulars thereof, the Owner shall reimburse
the Town for all reasonable legal, planning, engineering and other technical advice,
and administrative expenses actually incurred by the Town in connection with the
preparation, processing and approval of the "Front-Ending Agreement(s)" necessary
to implement paragraph 5.27 of this Agreement.
(3) The Owner shall pay to the Town for all estimated engineering and inspection costs
in accordance with the provisions of Schedule "R" forthwith after a written demand
therefor is given to the Owner by the Director.
(4) After giving reasonable notice to the Town, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraphs 3.14(1), 3.14(2) and 3.14(3).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be thirty (30) days
after the date of the giving of the written invoice to the Owner. Interest shall be calculated
and be paid by the Owner to the Town on all sums of money of which the Owner is in
default at the same rate, and in the same manner, and at the same time as is the case with
Town taxes which are in arrears at the date on which the default in question commences.
There shall be added to the interest so calculated and payable, an amount which is equal
to the late payment charge which may be added to Town tax arrears payable by a ratepayer
of the Town at the date on which the default in question commences.
3.16 Occupancy Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the 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 twenty
thousand ($20,000.00) dollars (the "Occupancy Permit Deposit") to secure the
performance of the Owner's covenant to the Town that occupancy of any dwelling(s)
on the Lands will not take place before an "Occupancy Permit" (defined in
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paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s)
pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to
the Town's Treasurer. In the event that occupancy of dwelling(s) occurs before the
date of issuance of an Occupancy Permit contrary to the provisions of paragraph
4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit
the amount necessary to permit the Town to comply with the requirements of
paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the event that the
Town so appropriates the whole or any part of the Occupancy Permit Deposit,
forthwith after it is given written notice of the amount of the appropriation, the
Owner shall restore the Occupancy Permit Deposit to the full amount of twenty
thousand ($20,000.00) dollars. The Occupancy Permit Deposit or the unused portion
thereof shall be returned to the Owner at such time as the last dwelling which may
be constructed on the 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 10M Plan
contained in Schedule "B" to replace the letter of credit from time to time, provided
that at all times the Occupancy Permit Deposit is maintained as is required by this
paragraph 3.16(1). Following any such permitted replacement of a letter of credit,
the Town will return the replaced letter of credit to the Owner or to the person for
whom it was issued, as may be appropriate.
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based
on the following "Occupancy Permit Scale" of the Town which is current on the date
of execution of this Agreement:
up to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$15,000.00
$20,000.00
$30,000.00
$50,000.00
The Owner agrees with the Town that the Town in its discretion may amend its
Occupancy Permit Scale from time to time.
ARTICLE 4. PLANNING
4.1 Not Used
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4.2 Landscapin2 Plan and Landscapin2 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)
em in calliper, staked and bagged;
(d) screen planting and fencing shall be provided between residential uses and
other uses in accordance with the Town's landscap~ng design criteria and the
relevant Landscaping Plan;
(e) fencing, other than noise fencing the height of which is specified in paragraph
4.12(6) shall have a minimum height of one point eight (1.8) metres. Chain-
link fencing is not permitted except in areas abutting walkways and then only
in accordance with the Town's landscaping design criteria and the relevant
Landscaping Plan; and
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(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 the Town
at the Owner's cost. Without limiting the Town's rights under any other provision
of this Agreement, the Owner acknowledges and agrees with the Town that the Town
may appropriate a portion of the Performance Guarantee to indemnify the Town in
respect of the cost of remedying or correcting any such default of the Owner at any
time when deemed necessary by the Director of Planning. Forthwith, after the
Director of Planning gives the Owner written notice of the amount so appropriated,
the Owner shall restore the Performance Guarantee to the amount required by this
Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63,
as amended from time to time.
4.4 Lands Unsuitable for Buildin~
The Parties acknowledge and agree that the lot(s) or block(s) which are set out in
Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning.
4.5 Lands Reguirin~ Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any 10t(s) or block(s) within the Plan which are set out
in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot(s) or block(s) under Section 40 of the Planning Act,
1983, provided that any application for a building permit shall comply in all respects with
the terms of the said Site Plan Agreement and all applicable laws.
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4.6 Requirements for Buildin& Permits
The execution of this Agreement by the Town, the approval by the Town of the 10M
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 10t(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) the Development Levies required to be paid by the Owner to the Town pursuant to
paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s) or block(s)
for which application is made for a building permit;
(g) the Owner has deposited with the Town the Occupancy Permit Deposit as required
by paragraph 3.16 of this Agreement and it is in good standing;
(h) if the application for a building permit is for a building proposed to be c~nstructed
on any 10t(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;
(I) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s)
or block(s) within the Plan sufficient to illustrate the future housing types and
distribution, the location of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision of such abutting
lands;
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(m) (i)
the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and
has installed all necessary watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by Subsection 2.5.1.2 of the
Ontario Fire Code, storage of combustible waste will be maintained in
accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open
burning will not occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code;
(ill) the Owner has agreed with the Town to comply with the Ontario Fire Code
with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning
(Subsection 2.6.3.4);
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected 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 bave been paid to or deposited with
the Town as is required by law and this Agreement;
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(c) the Owner has satisfied the Director that the final grades of the lot(s) or
block(s) is appropriate for the proposed model home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n)
of this Agreement.
(2) Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
(3) Any model home(s) constructed on the Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with.
If such model home(s) is occupied for residential purposes contrary to the provision
of this paragraph 4.7(3), then without derogating from any rights of the Town may
have under this Agreement, a statute, a regulation, or a by-law, the provisions of
paragraph 3.16 shall apply and shall be complied with by the Owner on each
occasion that such unauthorized occupation takes place.
(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 protectkm
purposes to the satisfaction of the Town's Fire Chief, the construction and/or Wi";;
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.
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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 2.7;
(b) where a building permit has not been issued in respect of a 10t(s) or block(s) shown
on the Plan which is proposed to be sold, the Owner has obtained from the
prospective purchaser an enforceable covenant made directly with the Town by which
such purchaser agrees with the Town, that prior to the issuance of a building permit
for a building on the land in question, he will deliver to the Town, the Newcastle
Hydro-Electric Commission, other authority and/or company, as the case may be,
any transfers of easements as in such lot(s) or block(s) which are required for Town,
Region of Durham and Utilities and Services or drainage purposes, as determined
by the Director, forthwith after written request by the Director therefor is given to
the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a
licence to permit the Owner and/or Town, to enter on the 10t(s) or block(s) in
question in order to perform the Owner's obligations under this Agreement and to
permit the Town to exercise its rights under this Agreement to correct or remedy a
default of the Owner in such performance;
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and all
cash deposits or letters of credits required by this Agreement have been deposited
with the Town and all letters of credit deposited with the Town are in good standing;
and
(e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or
block(s) on the Plan which is entered into by the prospective purchaser(s) as the case
may be, a notice that the Lands are subject to the covenants and obligations set forth
in this Agreement, and without limiting the generality of the foregoing, are subject
to the provisions of paragraphs 4.12(7), 4.12(8) and Article 7 in respect of the
obligations of subsequent owners;
4.10 Requirements for 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
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Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written permission of the Town (the "Occupancy Permit")
having been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(a) all of the roads which are required to be constructed under this Agreement,
and which will provide access to such building, have received the application
of the base course of asphalt, to the written satisfaction of the Director and
the required street lighting system has been installed and energized, all at the
cost of the Owner;
(b) all of the storm drainage system required to be constructed and installed to
service such building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T.V., which are required to be constructed, installed and connected to the
building pursuant to Schedule "H", have been so constructed, installed and
connected to the written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the Grading and Drainage Plan with respect to the lot(s) or block(s) in
question; and
(f) the building has been finally inspected and approved pursuant to the Ontario
Building Code Act, the Ontario Building Code and the Plumbing Code.
(2) Prior to the issuance of a "Temporary Occupancy Permit" referred to in Section
4.10(3), the Owner through its qualified Acoustic Engineer approved by the Director,
shall confirm in writing to the Director of Planning that the proposed dwelling(s)
has been constructed in accordance witb the approved "Final Noise Impact Study"
referred to in paragraphs 4.12(6) and 4.12(10) of this Agreement.
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(3) Notwithstanding the provisions of paragraph 4.10(l)(e), the Owner may be issued
a "Temporary Occupancy Permit" to permit the occupancy of a dwelling in the event
the Owner establishes to the satisfaction of the Director that it has not been able to
comply with the requirements of paragraph 4.10(e) by reason of seasonal, weather
or other conditions which are considered by the Director, in his discretion, to be
beyond the control of the Owner. Prior to the commencement of a permitted
temporary occupancy of a dwelling, the Owner shall establish, to the satisfaction of
the Director of Planning that the provisions of paragraphs 4.10(1)(a), (b), (c), (d) and
(f) have been satisfied. The Owner also shall provide to the Town the written
confirmation required by paragraphs 4.10(l)(e) within one (1) year from the date
of the commencement of the temporary occupancy of the dwelling pursuant to a
Temporary Occupancy Permit. Until such written certificate is provided to the
Town, the Town may retain the Occupancy Permit Deposit provided for by
paragraph 3.16 of this Agreement.
4.11 Cash in Lieu of Lands for Park or Other Public Recreational Purposes
On the execution of this Agreement, the Owner shall pay to the Town in cash the
amount of cash in lieu of the transfer of land to the Town for park and other public
recreational purposes set out in Schedule "F'.
4.12 Special Conditions
(1) Blocks 99 and 100 shown on draft Plan of Subdivision 18T-88024 shall not be
developed except in conjunction with the development of th~ iands which abut them.
The aforesaid Blocks 99 to 100 shall be maintained by the Owner in a graded,
sodded or seeded and clean condition until developed.
(2) The Owner shall implement those noise control measures as recommended in the
"Final Noise Impact Study" (as hereafter defined) as described in Abatement
Measures referred to in paragraph 4.12(6)
(3) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
(4) In cases in which the well or private water supply of any person is interfered with
either as a result of the grading of, construction on, or the development of the Lands
or any portion of the Lands, or as a result of the construction or installation of any
of the Works, the Owner, at its cost, either shall connect the affected person to the
municipal water supply system or shall provide a new well or private water system
so that water supplied to the affected person shall be of quality and quantity at least
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equal to the quality and quantity of water enjoyed by the affected person prior to the
interference.
(5) The Owner shall pay to the Town the Owner's share of the costs of the Stormwater
Management works on tbe West Brancb of the Soper Creek for which this
development is tributary (the "Soper Creek West Branch Drainage Outfall System")
in accordance with this paragraph 4.12(5). These works are described in the Master
Drainage Plan for the West Branch of the Soper Creek, prepared by Marshall
Macklin Monaghan Ltd., dated June, 1989, as approved by the Director and on file
with the Director. The total estimated costs of these works and the Owner's share
thereof are set out in the Cost Sharing Report for Implementation of the Master
Drainage Plan for the West Branch of the Soper Creek prepared by Marshall
Macklin Monaghan Ltd. dated May, 1990 as approved by the Director and on file
with the Director. They are also set out in Schedule "J" and "P-1". Upon completion
of these works the total estimated costs and the Owner's share thereof shall be
updated to reflect the "as constructed" costs of tbe works and the then current dollar
value thereof as determined by the Director. The Owner's share of the updated
costs of the Stormwater Management works on the West Branch of the Soper Creek
shall be paid by the Owner to the Town prior to the expiry of the thirty (30) day
period which commences on the date of issuance of the Certificate of Completion
of these works by the Director. On the execution of this Agreement, the Owner
shall deliver to the Town's Treasurer an unconditional and irrevocable letter of credit
in the amount of one hundred and thirty-two thousand and four hundred
($132,400.00) dollars issued by a bank listed in Schedule "A" or Schedule "B" of the
Bank Act and acceptable to the Town's Treasurer and shall be part of the
Performance Guarantee. The letter of credit shall contain terms satisfactory to the
Town's Treasurer. The letter of credit is to secure performance by the Owner of its
covenant to pay its share of the costs of the works referred to in this paragraph
4.12(5).
(6) The Owner shall implement the specific noise recommendations contained in the
approved Final Noise Impact Study for Plan of Subdivision 18T-88024 dated October,
1989 as prepared by G.M. Sernas & Associates Ltd. (the "Final Noise Impact Study")
including those specific items noted below:
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Summary or Recommended Abatement Measures
Number
Lot
Abatement Measures
Location
1 lR Mandatory Central AIC South lot line
1.8m Noise Fence abutting Concession
Street.
2 lL.. Provision for Central AIC
3 2R.. Provision for Central AIC
4 4-12U Provision for Central AIC
1.8m Noise Fence South lot line
abutting Concession
St. and east lot line
of Lot 12
5 32L. · Provision for Central AIC
6 33L. Mandatory Central AIC East and south lot
1.8m Noise Fence lines
7 33R .. Provision for Central AIC South lot line
1.8m Noise Fence
8 34R Mandatory Central AIC East lot line abutting
1.8m Noise Fence Mearns Avenue
9 34Lu Provision for Central AIC
10 57u Provision for Central AIC
11 58. Mandatory Central AIC East lot line abutting
1.8m Noise Fence Mearns Avenue
12 59-61u Provision for Central AIC
13 85L. · Provision for Central AIC
14 86L. Mandatory Central AIC South lot line
1.8m Noise Fence abutting Concession
St. and west lot line
15 86R .. Provision for Central AIC West lot line
1.8m Noise Fence
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Warning Clause "A"
Warning Clause "B"
Left side of Semi-detached Lot (from road)
Right side of Semi-detached Lot (from road)
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(7) The following Warning Clause "A" regarding outdoor noise levels shall be attached
to all Offers of Purchase and Sale of dwellings for the following lots on the Plan:
Lots 33L, 58 and 86L.
"Purchasers are advised that despite the inclusion of noise control
features within the development area and within the individual
dwelling units, noise levels may continue to be of concern, occasionally
interfering with some activities of the building occupants."
(8) The following Warning Oause "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, 2R, 4 - 12 inclusive, 32L, 33R, 34L, 57, 59 - 61 inclusive, 85L and
86R.
"Purchasers are advised that despite the inclusion of noise control
features within the development area and within the individual
dwelling units, noise levels may continue to be of concern, occasionally
interfering with some activities of the building occupants. This
dwelling unit was fitted with a forced air heating system and ducting
sized to accommodate a central air conditioning condenser unit.
(NOTE: Care should be taken to ensure that the condenser unit is
located in an area that is not sensitive to noise)".
(9) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
(10) The Owner shall implement the recommendations contained in the Final Noise
Impact Study. Without limiting the foregoing, the Owner shall:
(a) construct one point eight (1.8) metre high acoustical noise barrier fencing on
the relevant lots and blocks referred to in the Final Noise Impact Study;
(b) place on title appropriate warning clauses for each of the lot(s) or block(s)
in question in accordance with paragraphs 4.12(7) and 4.12(8); and
(c) by implementing the construction techniques described in the Final Noise
Impact Study, construct each dwelling in accordance with that Study.
(11) Forthwith, after being given written notice by the Director requiring it to do so, the
Owner shall extend the fence which is to be installed on the southerly limit of Lot
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33, along the northerly lot line of Block 100. The fencing to be installed on the
easterly lot line of Lot 12 shall be extended by the Owner along the westerly limit
of Block 99, the easterly limit of Chance Court and the easterly limits of Lot 13, (All
of the aforesaid lots and blocks are shown on draft Plan of Subdivision 18T-88024).
A pedestrian access penetrating the fencing along the easterly limit of Chance Court
may be provided by the Owner, to the satisfaction of the Director of Planning and
the Director of Public Works.
(12) Any deadends and/or open side of road(s) allowances created by this draft Plan
sball be terminated in zero point three (0.3) metre reserve(s) which shall be
transferred to the Town. Paragraphs 2.5 and 2.7 apply in respect of such transfers
with all changes necessary being considered to have been made to them and give
effect to this paragraph 4.12(12).
(13) In accordance with the "Staging Plan" (as hereafter defined) and notwithstanding
paragraph 5.15 of this Agreement, the Owner shall commence the reconstruction of
"Bradshaw Street Reconstruction Work" (as hereinafter defined) in accordance with
the Engineering Drawings this Agreement and no later than the expiry of two (2)
years from the date of issuance of the Certificate of Completion for the first stage
of construction of Works provided for in the Staging Plan.
(14) Prior to the issuance of a building permit for a dwelling proposed to be constructed
on any of the lots referred to in paragraphs 4.12(6) and 4.12(10) the Owner shall
provide its Acoustic Engineer's written certificate to the Director certifying that the
builder's plans for the dwelling are in accordance with the Final Noise Impact Study.
(15) The Owner shall remove all buildings and structures shown on Lots 33, 83, 84 and
87 on the 10M Plan.
(16) The Owner shall not apply for or permit or suffer any person(s) to apply for building
permits for Lots 45 to 73, inclusive, until Street "C' shown on draft Plan of
Subdivision 18T-88024 is extended through to Kershaw Street shown on the
aforesaid Plan.
(17) The Owner shall comply with the provisions of Schedule "Q" hereto - Conservation
Authority's Work.
(18) The Owner shall comply witb tbe provisions of Schedule "V" hereto - Requirements
of Other Agencies.
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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 "0" hereto
(which in this Agreement collectively are called the "Works"). From the date of the
commencement of the construction and installation of the Works until the date of issuance
of a Certificate of Acceptance of them the Owner shall be fully responsible for the
maintenance of the Works including the cost thereof. After the issuance of a Certificate
of Acceptance, the Works referred to in such Certificate shall be the responsibility of the
Town.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the Newcastle Hydro-Electric Commission and/or such other
authority or company having jurisdiction in respect of the Utilities and Services referred to
in Schedule "H" in the area in which the said Lands are located which provides for the
matters referred to in Schedule "H".
5.3 Owner's En2ineer
The Owner shall retain a Professional Civil Engineer, registered by the Association
of Professional Engineers of Ontario (the "Owner's Engineer") who shall perform the duties
set out in Schedule "I". Forthwith after retaining its Engineer, the Owner shall give the
Director written notice of the name and address of the Owner's Engineer. The Parties
acknowledge that G.M. Semas & Associates Ltd. has been retained as the Owner's
Engineer.
5.4 Desi2D 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.
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(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 ofparagrapbs 2.4 and 2.7 shall
apply in respect of any such transfers of easements with all necessary changes to
being considered to have been made to give effect to the intent of this paragraph
5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of
all encumbrances and restrictions. It shall be prepared by the Owner in registerable
form and be satisfactory to the Town's Solicitor. At the time of delivery of each
transfer of land to the Town, the Owner shall pay to the Town in cash or by
certified cheque an amount equal to any tax, fee or charges payable at the time of
or in respect of the registration of such transfer against title to the lands to which
it applies.
5.5 Approval of En~ineerin~ Drawin~s
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of all necessary drawings of the Works (the
"Engineering Drawings"). If construction and installation of the Works has not commenced
within two (2) years from the date of approval of the Engineering Drawings, the
Engineering Drawings shall be resubmitted to the Director for his reconsideration and
approval after any revisions required by the Director have been made to them (the
"Reapproved Engineering Drawings"). From and after the approval by the Director of the
Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings
for the purpose of this Agreement, and thereafter all Works shall be constructed and
installed in accordance with them.
5.6 Approval of Gradin~ and Drainaee 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
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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 Sta2ine or Construction
Prior to the commencement of construction and installation of any of the Works, the
Director, in his discretion, may give written notice to the Owner requiring that the Owner
prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the
giving of such notice, the Owner shall prepare and submit to the Director of Public Works
and the Director of Planning for their consideration and approval a draft Staging Plan.
The Owner shall not proceed with the construction and installation of any Works until the
Staging Plan has been approved by the Director of Public Works and the Director of
Planning after any revisions required by them have been made to the draft Staging Plan.
Thereafter, the Owner shall proceed to construct and install the Works only in accordance
with such approved Staging Plan and any amendment which may be approved thereafter
by the Director of Planning and the Director of Public Works. The Staging Plan for the
purposes of this Agreement is the Plan contained in Schedule "G-l" 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.
53 Approval of Works Cost Estimates and Staee Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
approved by the Director and entered in Schedule "J" hereto. In addition, if a Staging Plan
has been approved pursuant to paragraph 5.7, the Owner agrees that the estimated costs
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of construction and installation of the Works for each stage in question, (the "Stage Cost
Estimates"), shall be approved by the Director and entered in Schedule "J" prior to the
issuance of an Authorization to Commence Works in that stage.
5.10 Requirements for Authorization to Commence 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 fOf any of the Works fOf
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 fequired by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements and has delivered in
escrow the Escrowed Transfer to the Town in accordance with paragraphs 2.4
and 2.7 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands and paid the
required cash in accordance with paragraphs 2.5, 2.6 and 4.11 of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) the Owner has delivered to the Town letters signed on behalf of the
Ne~castle Hydro-Electric Commission, and/or other authority or company
having jurisdiction with respect to the Utilities and Services that are refefred
to in Schedule "H" that satisfactory Agreement(s) have been entered into by
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Page 43
the Owner with them for the design, construction, installation and services of
the Utilities and Services as is required by paragraph 5.2 of this Agreement;
(h) the Owner has retained an Engineer in compliance with paragraph 5.3 of this
Agreement and has confirmed the name and address of its Engineer to the
Director in writing;
(i) the Owner has been given ,the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
G) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2
of this Agreement;
(k) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
(I) the Owner has received the written approvals of the Director of Public Works
and the Director of Planning of the Staging Plan as provided in paragraph 5.7
of this Agreement;
(m) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(n) the Owner has received the written approval of the Difector 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 Guafantee fequifed
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 requifed
by this Agreement;
(P) the Owner has deposited with the Town all policies of insurance or proof
thereof required by paragraph 3.9 and Schedule "K" of this Agreement;
(q) the Owner has paid all costs required to be paid to the Town by paragraph
3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works;
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(r) the Owner has made all payments to and deposited all letters of credit with
the Town in respect of the External and/or Oversized Services that are
required by paragraph 5.27 of this Agreement;
(s) the Owner has deposited with the Directof 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;
(t) the Owner has deposited with the Difector a copy of the written approval of
the Ministry of Natural Resources for site drainage and a soil erosion control
plan that shows all proposed surface drainage works and describe the means
to minimize on-site erosion and sedimentation, both during and after
construction;
(u) any proposed alterations to the existing watercourses have been approved by
the Ministry of Natufal Resoufces pUfsuant to the Lakes and Rivers
Impfovement Act and written confirmation thefeof has been deposited with
the Director;
(v) priOf to the commencement of site preparation of the Lands in question, the
Owner has obtained the Central Lake Ontario Conservation Authority's
approval of a one hundred (100) year storm overland flow routing for the
Lands and has deposited with the Difectof written confifmation thereof;
(w) prior to the commencement of site prepafation of the Lands, including rough
gfading of road(s), the Owner has obtained the Central Lake Ontario
Conservation Authority's approval of sediment control and gfading plans for
the Lands and has deposited with the Director written confirmation thereof;
(x) the Owner has deposited with the Director, the Owner's agfeement to notify
the Lindsay Ministry of Natural Resoufces at least forty-eight (48) hours prior
to the initiation of any grading, excavation Of construction of Works or
developments of the Lands; and
(y) the Owner has been issued a Road Occupation Permit with respect to the
relevant portion of Town highways to permit the construction of the Works;
(2) Notwithstanding the provisions of paragraph 5.10(1), the Ownef may commence the
construction and installation of the WOfks with the written appfoval of the Difector
prior to the registration of the Plan of Subdivision referred to in paragraphl5.10(1)(b), provided that the requifements of clauses 5.10(l)(d), (g), (h), (i), G), (k),
7u
. ~.
Page 45
(1), (m), (n), (0), (P), (q), (f) and (s) have been satisfied by the Owner. In such a
case, however, a Certificate of Acceptance of the Works, shall not be issued by the
Director until a Plan of Subdivision of the Lands has been registered against the
title to the Lands and all the other requirements of this Agreement respecting the
issuance of a Certificate of Acceptance have been satisfied. Notwithstanding the
approval of the Directof under this paragraph 5.10(2), the Owner agfees with the
Town that the construction or installation of any of the Works pursuant to paragraph
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the
Owner hereby waives any right that he might have to compensation by or damages
from the Town that he might otherwise have as a result of its construction and
installation of any of the Works.
5.11 Requirements for Commencement or Subsequent Staees of Works
Notwithstanding any other pfovision of this Agreement, if the Difector has appfoved
a Staging Plan for the said Lands, the Ownef shall requife an Authorization to Commence
Works for each stage defined in the Staging Plan. If the Town has issued an Authorization
to Commence Works for a particular stage defined in the Staging Plan, an Authorization
to Commence Works for any subsequent stage of the Staging Plan shall not be issued until:
(a) the Stage Cost Estimates for such stage has been approved by the Director and
entered in Schedule "J" hereto; and
(b) the Owner has deposited with the Town the Performance Guarantee applying to the
stage for which the Owner is seeking such Authofi"lation to Commence WOfks.
5.12 Inspection and Stop Work
The Owner shall ensure that every contfact 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 contfactof and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give
the Owner, if it does not retain a contfactor, Of if it does, the Owner's contractor, a written
ordef to stop any wOfk that is being undertaken if, in the Director's opinion, either the
work is not being undertaken such that a completed construction and installation of the
Works satisfactory to the Town in accordance with this Agreement will result, or if the
Performance Guarantee required to be provided pursuant to this Agreement in respect of
the Works is not maintained in good standing. The Owner and the Owner's contractor
shall comply with the stop wOfk order forthwith on it being given by the Difector.
"
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Page 46
5.13 Construction in Accordance with Eneineerine Drawines
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
is undertaken. All construction and installation of the Works, shall be undertaken
and carried out by the Ownef or by the Ownef's contfactor, as the case may be, in
accordance with the regulations for construction set out in Schedule "L".
(2) The Ownef shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until all Works contemplated by this Agfeement 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 feasonable cost thefeof from the Performance
Guarantee. The Owner shall restofe the Performance Guafantee 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 accofdance with the timing and
sequence therefor set out in the Schedule of WOfks.
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 appfoaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any minor Of incidental additional wOfk is requifed to pfovide
fOf the adequate operation and functioning of any of the WOfks, 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.
If
f ",
Page 47
5.17 Incomplete or Faulty Works and Liens
(1) If, in the opinion of the Director, the Ownef is not constructing and installing or
causing to be constructed Of 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 WOfks are being improperly constructed or installed,
or if the Owner neglects or abandons the said WOfks or any part of them before
completion, or unreasonable delay OCCUfS 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 pfovisions 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, Of 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 Of omission. Following the later to
OCCUf 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 Ownef by the Directof, the Town, at the cost and expense of the
Owner, may employ a contractor or such workmen and pUfchase 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 Agfeement. In cases of an
emergency, as determined by the Difector in his discretion, any deficiency(s) or
defect(s) in the WOfks, or any failufe to complete the WOfks in accordance with this
Agfeement, may be corrected Of remedied by the Town at the cost and expense of
the Ownefwithout prior notice to the Ownef, pfovided that forthwith after the
Town so acts, the Director shall give written notice to the Owner describing the
emergency, the action taken by the Directof, 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 detefmined 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%) pefcent of the contfactor's
charges to the Town (including any chafges fOf overhead and profit) or, if such work
is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town
to complete the Works in question. The Owner shall reimbufse the Town for the
cost of all Works, and the cost of correcting Of remedying all deficiencies, defects
and defaults pursuant to this paragraph 5.17(1) which have been incurred by the
Town forthwith after the Director gives the Owner written demand fOf payment of
such cost
. , t.'
Page 48
(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 Perfofmance 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 Ownef shall reinstate
the Performance Guarantee and/or the Security for the Maintenance Guarantee, as
the case may be, to the full amount(s) required under the provisions of this
Agreement.
5.18 Entry for Emereency R~pairs
In addition to the Town's other rights undef this Agreement, the Owner
acknowledges and agfees that at any time and from time to time, employees or
repfesentatives of the Town who are authorized by the Directof, or contractors retained by
the Town may entef on the said Lands fOf the purpose of making emergency repaifs 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, nOf 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 Damaee to Existine Services
Forthwith after written demand therefof is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to
any property or services of the Town, the Region, or any utility authority or company or
(the "Damaged Services") including without limiting the genefality of the foregoing, any
road(s), water, electrical, gas, telephone, cable television and sewer systems, and the cost
of relocating any Damaged Services, caused by or resulting from the development of any
one (1) Of mOfe portions of the Lands, or the construction or installation of any of the
WOfks, provided that all such repairs and or relocation(s) afe completed to the satisfaction
of the Director, the Region and the relevant utility authority Of company which owns or isoresponsible 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
r
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Page 49
opinion of the Difector will interfere with the use of the driveway in question, forthwith
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Damaee to Neiebbourine Wells
(1) Prior to the commencement of and during the period of construction or installation
of the WOfks, 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 Pfogfam"). 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 Difector. The draft Monitofing Progfam shall be submitted to the
Director for his consideration and appfoval. After the Monitoring Program has been
appfoved, it shall be implemented by the Hydfogeologist. Tbe Monitoring Program
shall describe the numbef and location of the piezometric observation wells which
are to be installed by the Owner, and the ffequency, method of observation, method
of collection and recofding 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 Pfogram has been approved by the Director with or without such
modification(s) as he may considef appropriate, it is the "Monitoring Program" fOf
the purposes of this Agreement.
(2) For the dUfation of the Monitofing Pfogfam, 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 afe prepared. For the dUfation of the Monitoring Progfam, 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 repofts made by the Hydrogeologist in connection with Of in implementation
of the Monitoring Program which previously have not been provided to the Difector
pursuant to this paragraph 5.20(2), together with a ceftificate of the Hydfogeologist,
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragfaph 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
.E
, "
Page 50
activity within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) H aftef considering a report thereon from the Oirectof 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 Ownef shall make available to the affected party(s), a temporary
supply of water at no cost to the affected party(s); Of
(b) whefe in the opinion of the Town Council the interfefence to a well Of
private watef supply is of a long term duration, , at the option of the Ownef
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 fOf
such affectedparty(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
watef enjoyed by the affected party(s) prior to the interfefence,
as may be required by the Town Council by written notice given to the Owner.
(4) H the Director gives written notice to the Ownef that he has feason to believe that
the well or private water supply of any person(s) outside the Lands is inteffered with
or dewatered as a result of the construction or installation of the Works, forthwith
after such notice is given, the Ownef shall cause the quantity of potable water
considered to be appropriate by the Directof to be supplied to the affected pefson(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 watef supply in question
has not been interfered with or dewatered as a result of the construction or
installation of the Works, Of until such time as the Ownef performs his obligation
under pafagraph 5.20(3), as the case may be.
5.21 Use or Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the ToWn for any of the
purposes fOf which the WOfks ~e designed, without interfefence by the Ownef, and
without the payment of any fee or compensation to the Owner, and for such purposes the
, '.
Page 51
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 Com.oletion
(1) In addition to any other requirement of this Agreement that the Owner maintain
the Works, if any building(s) on the Lands is occupied, the Owner, at the Owner's
cost, shall maintain each road(s), which is required to be constructed and provides
access to suc~ building(s), until a Certificate of Acceptance has been issued for such
road(s), and without limiting the genefality of the foregoing, the Owner shall:
(2)
(3)
(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 WOfks, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to aU occupied buildings; and
(c) erect a sign to indicate that the road(s) are tlunassumed road(s)" which the
Town is not required by law to repair and maintain, to the satisfaction of the
Director.
The Town agrees to snowplough and sand all paved road(s) shown on the registered
Plan of Subdivision of the Lands, for and on behalf of the Owner until the
Certificate of Acceptance of such road(s) has been issued, provided that until the
road(s) are assumed by the Town, the Owner shall pay to the Town one hundfed
(100%) percent of the costs of snowploughing and sanding such road(s), as
determined by the Director, from time to time, and forthwith after being given
written notice of such costs by the Directof.
The <pwner acknowledges and agrees that the undertaking or provision of repaifs Of
maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of
foad~s),_ is not intended nOf shall it in any way constitute Of be taken to constitute
the approval or assumption by the Town of the road(s) in question. The road(s)
shall .not be deemed to have been assumed until both a Certificate of Acceptance
has een issued, and a By-law has been passed by Town Council dedicating the
road ) as public highway(s) and assuming it for the purpose of liability to repaif
and aintain it as provided by the Municipal Act, and such By-law has been
red in the Land Registry Office.
, '.
Page 52
5.23 ReqJlirements for Certificate or Completion
The Owner acknowledges and agrees that the construction and installation of any
of the Works authorized in an Authorization to Commence Works shall not be deemed to
be completed for the purposes of this Agreement until the Director has provided the
Ownef 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 WOfks 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 WOfks 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 thefe are no
outstanding construction lien claims for payment by contfactors, subcontfactors,
suppliers of services Of materials or workmen relating to the construction and
installation of such Works.
5.24 ReqJlirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shaU be accepted, nor deemed to be accepted, fOf the purpose
of this Agreement, until the Difector has provided the Owner with written certificate that
they have been accepted by the Town (lithe Certificate of Acceptance)". In addition to
satisfying the other requirements of this Agreement fespecting its issuance, a Certificate of
Acceptance shall not be issued until all of the WOfks that afe pfoposed to be covered by
such Certificate of Acceptance have been inspected by the Difector and the Town Council
has approved the written report of the Director that aU such Works have been maintained
to the approval of the Director for the relevant period set out in paragraph 3.10(3) of this
Agfeement, all deficiencies and defects in the WOfks have been corrected by the Ownef,
and the Works should be accepted by the Town.
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the WOfks covered by a Certificate of Acceptance. The Owner shall have
no right Of claim thereto, other than as an owner of land abutting a highway in which such
Works are installed.
'" .1 I t
Page 53
5.26 Requirements for Certificate or Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Ownef
with a written release (the "Certificate of Release") respecting the Lands, fOf which a Plan
of Subdivision has been registered. The Certificate of Release shall be in a form suitable
fOf registration or deposit in the proper Land Registry Office. In addition to the Ownef
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 fetained
by the Owner at the Owner's expense has provided the Town with written
confirmation that at a date not earlier than the end of the longest of the
maintenance periods set out in paragraph 3.10(3) for any of the Works, he
has found, placed or replaced all standard iron bars shown on the registered
final Plan of Subdivision of the Lands and has found, placed or replaced all
survey monuments at all block comers, the end of all curves, other than
comer roundings, and all points of change in direction Of road(s) on such
Plan; and
(c) Town Council has by fesolution, 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
Ownef in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
permits for dwellings on the Lands.
5.27 External and/or Oversized Senices
(1) The external and/of ovefsized services which the Ownef will construct and install
pursuant to this Agreement, or in respect of which the Ownef is required to pay to
the Town part of the cost of their construction and installation, are the "Storm
Sewer Work" and the "Bradshaw Street Reconstruction Work". In this Agreement,
the external and/or oversized services are called the "External and/of Oversized
Services". They are defined and, subject to the other provisions of this paragraph
5.27, the Owner's financial responsibility in respect thereof under the current Town
" '. I ,
Page 54
policy is described in Schedule "P" hereto. Upon completion of the External and/or
Ovefsized Services the "as-constructed cost" thereof shall be determined by the
Director. When written notice of the Director's determination of the "as-constructed
cost" is given to the Owner, reference to the cost of the External and/or Oversized
Services in this paragraph 5.27 and Schedule "P" and to the Owner's financial
responsibility in respect of them under the current policy, shall be deemed to be a
reference to the "as constructed cost" thereof.
(2) Nothing in this Agreement is intended by the Parties to be taken as fettering in any
way the Town Council in the exefcise of its legislative discretion with regard to the
enactment of a Development Charge By-law pursuant to the Development Charges
Act, 1989 (the "Act").
(3) The Owner, at its cost, will construct and install the Storm Sewer Work in
accofdance with this Agfeement. If:
(i) the Town passes a Development Charge By-law under the Act which is
applicable to the Lands;
(ii) the Development Charge By-law comes into force; and
(iii) the Town Council is not required by the Ontario Municipal Board to repeal
the Development Charge By-law.
as soon as is reasonably practicable and legally possible aftef the By-law comes into
effect and any objection thereto has been resolved favourably to the By-law by the
Ontafio Municipal Board, the Town and the Owner intend to entef into a "Front-
Ending Agfeement" (as defined in the Act) pUfsuant to the Act with a term not to
exceed ten (10) years from the later to OCCUf of the date of the issuance of a
Certificate of Completion of the Storm Sewer W ofk and the date of enactment of
a Development Charge By-law by the Town, with each other and with any persons
who may wish to be a Party to such Agfeement who own land within the Storm
Sewer Work "Benefiting Area" (as defined in the Act) as may be described in such
Agreement. While recognizing that changes may be made by the Ontario Municipal
Boafd pursuant to the Act, the Owner and the Town hereby record their present
intention that the Benefiting Area fespecting the Storm Sewer Work will be the area
specified in Schedule "P" and that each Owner of land within such Benefiting Area
shall be fesponsible to pay the portion of the cost of the Storm Sewef Work which
is specified in Schedule "P". The Development Charge By-law and the Front-Ending
Agfeement are intended to contain such other provisions satisfactory to the Town
that the Town considers to be necessary and desirable to implement the
requifements and pfovisions of the Act. Forthwith after the Storm Sewer Work
/
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Page 55
Front-Ending Agreement is made, the Town shall pfocess it with reasonable
expedition in accofdance with Section 22 of the Act to the end that the Front-
Ending Agreement is bfought into effect at the earliest possible date so that it may
be enfofced by and against the Parties to it and other Ownefs of lands within the
Storm Sewer Work Benefiting Area in accordance with the provisions of the Act
Money received by the Town pursuant to the Storm Sewer Work Front-Ending
Agreement that is permitted to be reimbufsed to the Owner, shall be paid to the
Owner in accordance with the applicable provisions of the Act. The Owner hereby
directs the Town to make such payment(s) to it The Parties also agree that nothing
contained in this Agreement shall require any credit to be given to the Owner for
the cost of constructing and installing the Storm Sewer Work in respect of a
development charge imposed by a Development Charge By-law passed by the Town
Council whether or not the development charge includes, as a component, the whole
or any part of the cost of the Storm Sewer Work. The Owner hereby consents to
the registration of the Front-Ending Agfeement referred to in this pafagraph 5.27(3)
against the title to the Lands or such portion thereof as may be determined by the
Town in its discretion.
(4) The Owner, at its cost, will construct and install the Bradshaw Stfeet Reconstruction
WOfk in accordance with this Agreement. If:
(i) the Town passes a Development Charge By-law undef the Act which is
applicable to the Lands;
(ii) the Development Chafge By-law comes into fOfce; and
(iii) the Town Council is not required by the Ontario Municipal Board to repeal
the Development Chafge By-law.
as soon as is reasonably practicable and legally possible after the By-law comes into
effect and any objection thereto has been resolved favoufably to the By-law by the
Ontario Municipal Board, the Town and the Owner intend to enter into a "Front-
Ending Agreement" (as defined in the Act) pursuant to the Act with a tefm not to
exceed ten (10) years from the later to occur of the date of the issuance of a
Certificate of Completion of the Bfadshaw Street Reconstruction Work and the date
of enactment of a Development Charge By-law by the Town, with each other and
with any persons who may wish to be a Party to such Agreement who own land
within the Bradshaw Stfeet Reconstruction Work "Benefiting Area" (as defined in
the Act) as may be described in such Agreement. While recognizing that changes
may be made by the Ontario Municipal Board pursuant to the Act, the Owner and
the Town hereby record their present intention that the Benefiting Area respecting
the Bfadshaw Street Reconstruction Work will be the area specified in Schedule "P"
/
. ,.,. I
Page 56
and that each Owner of land within such Benefiting Area shall be responsible to pay
the portion of the cost of the Bradshaw Street Reconstruction Work which is
specified in Schedule "P". The Development Charge By-law and the Front-Ending
Agreement are intended to contain such other provisions satisfactory to the Town
that the Town considers to be necessary and desirable to implement the
requirements and pfovisions of the Act. Forthwith after the Bfadshaw Street
Reconstruction Work Front-Ending Agreement is made, the Town shall process it
with reasonable expedition in accordance with Section 22 of the Act to the end that
the Front-Ending Agreement is brought into effect at the earliest possible date so
that it may be enfofced by and against the Parties to it and other Owners of lands
within the Bradshaw Street Reconstruction Work Benefiting Area in accordance with
the pfovisions of the Act. Money received by the Town pursuant to the Bradshaw
Street Reconstruction Work Front-Ending Agreement that is permitted to be
reimbufsed to the Owner, shall be paid to the Owner in accordance with the
applicable provisions of the Act. The Owner hefeby difects the Town to make such
payment(s) to it. The Parties also agree that nothing contained in this Agreement
shall require any credit to be given to the Owner fOf the cost of constructing and
installing the Bradshaw Street Reconstruction Work in respect of a development
charge imposed by a Development Chafge By-law passed by the Town Council
whether or not the development charge includes, as a component, the whole or any
part of the cost of the Bfadshaw Street Reconstruction WOfk. The Ownef hereby
consents to the registration of the Front-Ending Agreement referred to in this
paragraph 5.27(4) against the title to the Lands Of such pOftion thereof as may be
determined by the Town in its discretion.
(5) The Ownef and the Town acknowledge that in accordance with the Town's previous
policy, but for the enactment of the Act, the Town would have covenanted in this
Agfeement to endeavour to collect the "Property Frontage Charges" for the
Bradshaw Street Reconstruction Work and the Storm Sewer Work, respectively set
out in Schedule "P" from ownefs of "Designated Areas" in respect of such Works
(also set out in Schedule "P") with the exception of the Owner, as the development
of the relevant Designated Areas takes place, and after the collection thereof, to pay
the same to the Owner in order to reimburse it for paft of the costs of the Bradshaw
Street Reconstruction Work and of the Storm Sewer Work incurred by the Owner.
The Owner and the Town also acknowledge that because of the enactment of the
Act and its provisions, the Town's policy requires modification so that it will be
consistent with and implementable to the extent legally possible under the Act.
Accordingly, until the earlier to OCCUf of the day immediately preceding the day on
which the Town Council passes a Development Charge By-law pursuant to the Act
and November 23, 1991, the Town will endeavour to collect the aforesaid Property
Frontage Charges from the owners of the relevant Designated Areas, and aftef
collection thereof to pay the same to the Owner.
7
, "
Page 57
(6) Notwithstanding any other pfoVlslOn of this Agreement, the Parties hereto
undefstand and agree that nothing contained in paragfaph 5.27 shall constitute a
covenant by the Town to pass or not to pass a Development Charge By-law or a
By-law to authorize the making of the Front-Ending Agreements referred to in
paragraph 5.27(3) and 5.27(4) or to make such Agreements, or to include therein the
cost of the easement set out in Schedule "P", or to reimburse or to take any steps
to reimburse the Ownef for any part of the cost of the External and/or Ovefsized
Services. If a By-law to authorize the making of either or both such Front-Ending
Agreements is not passed by the Town Council, Of if such Agreement(s) is not
made, or if made is changed by the Ontario Municipal Board, or if the obligations
of the Parties to either or both such Ffont-Ending Agreement if made, is changed
by the Ontario Municipal Board, or if the obligations of any Owner(s) of land within
the intended relevant Benefiting Area referred to in pafagraphs 5.27(3) and 5.27(4),
as is felevant to the particular case, is changed by the Ontario Municipal Board, the
Owner agrees that the Town is not required and the Owner will not require the
Town to make any payment to the Ownef or to reimburse the Owner in any
manner, and from any source that may be available to the Town, in respect of the
whole or any part of the cost of providing the particular one or both of the External
and/or Oversized Services that is so affected. Further, the Owner agrees with the
Town that the Ownef will not take any step to seek an exemption from the Town's
Development Charge By-law if passed, or to seek or claim a reduction of or a credit
in respect of either or both the amount of the development charge imposed by the
By-law which in any way is based on the expenditures made or to be made by the
Owner in respect of either or both the External and/or Oversized Services referred
to in this Agfeement. Without limiting the genefality of the fOfegoing, the Owner
further agrees with the Town that if the Town passes a Development Charge By-
law applicable to the Lands which comes into effect and the development chafge is
based on the "Net Capital Cost" of "Services" (both terms as defined in the Act), that
results or will result from development in all or a defined part or parts of the Town,
the Owner will not object to such By-law nor complain under the Act of the
development chafge imposed by the By-law, or the amount that the Owner or any
other pefson will be required to pay in respect of development of the whole or any
portion of the Lands on the ground that the cost of either or both External and/or
Ovefsized Services or the provision of such Services has been provided by the
Owner, Of such cost has been provided for in this Agfeement, has or has not been
included in the development charge or that the development charge should have
been imposed in respect of a different defined area(s) of the Town or the whole
Town.
",
Page 58
S.28 Financial Contributions for Certain External Works
(1) With respect to the "Mearns Avenue Rural and Urban Upgrading Works" and the
"Concession Street Urban Upgrading Work" (as defined in Schedule "P-1"), on the
earlier to occur of the execution of this Agreement and September 1, 1991, the
Owner shall pay to the Town the sum of one hundred and eighty-nine thousand, two
hundred and sixty-nine dollars and thirty-three cents ($189,269.33). The Owner will
not seek any credit for or rebate of any part of the aforesaid sum whether nom or
in respect of a charge imposed by a Development Charge By-law which the Town
Council may pass pursuant to the Act, or in any other manner, or for any other
reason.
(2) With respect to the "Soper Creek West Branch Drainage Outfall System" (as defined
in Schedule "P-l "), the Owner shall pay to the Town the sum of one hundred and
thirty-two thousand, four hundred ($132,400.00) dollars which shall be secured in
accordance with paragraph 3.7(2). The Owner shall pay the aforesaid sum to the
Town in accordance with paragraph 4.12(5). Alternatively, it may be appropriated
by the Town in. accordance with paragraph 3.7(2). The Owner will not seek any
credit for or rebate of any part of the aforesaid sum whether from or in respect of
a charge imposed by a Development Charge By-law which the Town Council may
pass pursuant to the Act.
(3) The Owner further agrees with the Town that if the Town passes a Development
Charge By-law applicable to the Lands which comes into effect and the development
charge is based on the "Net Capital Cost" of "Services" (both terms as defined in the
Act). that results or will result from development in all or a defined part or parts of
the Town, the Owner will not object to such by-law or complain under the Act of
the development charge imposed by the By-law, or the amount that the Owner or
any other person will be required to pay in respect of the development of the whole
or any portion of the Lands on the ground that any portion of the cost of either or
both of the external works referred to in paragraph 5.28(1) or 5.28(2) has been
provided by the Owner, or that the contribution of part of the cost of either or both
of such external works has been provided for in this Agreement, or the cost of either
or both of such external works has or has not been included in the development
charge. or that the development charge should have been imposed in respect of a
different defined area(s) of the Town or the whole Town.
ARTICLE , . COMPLIANCE WITH REGULATIONS.
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all Provincial regulations of general application and all by-laws
of the Town and the Region.
Page 59
ARTICLE 7 · RESPONSIBILI1Y OF SUBSEQUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at his cost:
<a> he shall be responsible for providing and maintaining adequate drainage of surface
waters from such 10t(s) or bJock(s) in accordan,ce with the approved Lot Grading
and Drainage Plans referred to in paragraph 5.6 herein;
(b> he 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) he shall be respoJ:1Sible for the maintenance of fencing required in Schedule "a" and
paragraph 4.12(6) of this Agreement
ARTICLE 8 · TIME OF ESSENCE
l1D1e is of the essence of this Agreement.
ARTICLE 9 . AU'IlIORI'IY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by the law and is fully enforceable by
the Parties, and that this Agreement is made by the Town in reliance on the
acknowledgement and agreement of the Owner as aforesaid.
ARTICLE 10 · AGREEMENT TO REPLACE CERTAIN PROVISIONS OF
AGREEMENt
On the registration of a final Plan of Subdivision of the Lands against the title to the
lands, with the exception of paragraphs 3.6, 3.8, 5.15, 5.17, 5.18 and 5.19 of the Pre-
Servicing Agreement, the provisions of this Agreement shall be deemed to replace the
provisions of the Pre-Servicing Agreement For greater certainty, notwithstanding the
execution of this Agreement, the provisions of paragraphs 3.6, 3.8, 5.15, 5.17, $~18 and 5.19
of the Pre-Servicing Agreement shall continue in force and effect.
.( I . 1
Page 60
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
We have the authority to
bind the Bank.
The name of The Royal
Bank of Canada was
changed to Royal Bank of
Canada as set out in
Order-in-Council P.C. 1990-
2221, a copy of which is
attached to instrument
registered as No. 162641 on
the 2nd day or November,
1990, in the Land Regist!)'
Office for the Land Regist!)'
Division or Newcastle (No.
10).
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THE CORPORATION OF THE TOWN OF
WCASTLE
ASH DALE CAPITAL CORPORATION LTD.
~I-~
Name: ~ e. 1<,t:P
Title: P~ESID&N"#
Name:
Title:
Title: ,/I Y.
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N. S. MANAGEMENT INC.
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Nam~.--;:'~!i ~ 1 Title:
Name: Title:
815358 Ol\"TARlO LIMITED
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(/ '7-v.Jc. Title:
bind the
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Page 61
President
President
, .,,' , \
Page 62
SCHEDULE RAR
THIS SCHEDULE IS SCHEDULE RAR to the Agreement which has been
authorized and approved by By-law No. 91-111 of the Corpofation of the Town of
Newcastle, enacted and passed the 28th day of January, 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 DUfham, and being comprised
of all of Lots 55, 56, 57, 58, 59 and 60 and part of reserve lot, Block D all of Lots 1, 3, 5,
6, 7, 8, 9, 10, 91, 92, 93 and 94 and parts of Lots 4, 11, 12 and 95, Block E and part of
Porter Street and part of Winnstanley Street all according to the Porter and Bradshaw Plan
being Part of Lot 9, Concession 2, Town of Newcastle (formerly Town of Bowmanville),
Regional Municipality of DUfham now shown as Parts 1, 2, 4, 5 and 6 on plan of survey
deposited of recofd in the Land Registry Office fOf the Land Titles Division of Newcastle
(No. 10) (the "Land Registry Office") as Plan lOR-3976.
_/
. f '.' . ~
Page 63
SCHEDULE liB"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation ofthe Town of Newcastle,
enacted and passed the 28th day of January, 1991.
PLAN OF SUBDMSJON
(Insert reductions or Plan 18T-88024 and the 10M Plan)
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/IW PART OF ffi:.:>ERVED LOT. BlOCK'o'
ALL OF LOTS 1.3.5.6.7.8.9.10.91,92.93
AND 94 At<<) PART OF LDlS 4,11.I2MO
8lOCK 'E' AND PART OF PORTER
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ALL ACCORDING TO THE PORTER AHO
BRADSHAW PlAN (being PART OF
LOT 9 . CONCESSION 2 )
TOWN OF NEWCASn.E
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CONCESSION
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PART ~
PlAN IOR-5S8
INSr. No.
146627
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PROPOSED
DRAFT PLAN
OF SUBDl'lllSlON
LOTS 55.56,57,58,s9,60.1c RESfR'fED
LOT. 8LOCK .D' Ie LOTS 1.3,5.6,7.8.9
10,&1,92.93.94, .Ie: PART Of lOTS 1t.
12, Ie 95 AU. IN BLOCK 'f' 4c: PMT
OF PORlER Ie v.lNH5TANLEY SlREET.
PORTER & BRADSHAW Pl.AN {8EING
P....RT OF LOT 9, CONCESSION 2.
fORMERLY TOlm a BOWAN\I1LLE)
CONCESSStaf 2 .
10\\1\1 OF NEWCASTLE
JlEDOIlAL IlUNICIPIWY IIF IUIIWI
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SCHEDULE "C"
TIllS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed the 28th day of January, 1991.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Chafges
(3) Drainage Charges
(Paid prior to Execution)
(Paid prior to Execution)
(Paid prior to Execution)
j
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Page J6 r;. '7
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed the 28th day of January, 1991.
DEVELOPMENT LEVIES
Without fettering in anyway the Town Council in the exercise of its discretion
to pass a Development Charge By-Law under the Development Charges Act, 1989, which
imposes a development charge as permitted by that Act in respect of the development of
lands in all or part of the Town including the Lands, after the date of this Agreement, the
Owner agrees to pay to the Town amounts of money (the "Development Levies") calculated
by multiplying two thousand, nine hundred and seventy-four ($2,974.00) dollars by the
number of single family dwellings or semi-detached dwellings and by multiplying two
thousand, seven hundred and thirty ($2,730.00) dollars by the number of townhouse
dwellings which the Owner pfoposes to construct on the Lands. The Ownef shall make the
following payments on account of Development Levies to the Town in respect of the
development of the Lands consisting of forty-nine (49) single family dwellings; sixty-two (62)
semi-detached dwellings; and eighteen (18) townhouse dwellings on the occasions set out
below. The aggregate amount so payable is three hundred and seventy-nine thousand, two
hundred and fifty-four ($379,254.00) dollars.
(a) Twenty-five (25%) percent of the afofesaid aggregate amount being ninety-
fOUf thousand, eight hundred and thirteen dollars and fifty cents ($94,813.50)
on the execution of this Agreement.
(b) Twenty-five (25%) percent of the aforesaid aggregate amount being ninety-
four thousand, eight hundred and thirteen dollars and fifty cents ($94,813.50)
on the issuance of the building permit for the first (1st) dwelling proposed to
be constructed on the Lands.
(c) Twenty-five (25%) percent of the afofesaid aggregate amount being ninety-
four thousand, eight hundred and thirteen dollars and fifty cents ($94,813.50)
on the earlier to occur of the fifSt (1st) annivefsary of the issuance of the
building permit for the first (1st) dwelling proposed to be constructed on the
Lands and the date of issuance of the building permit for the fortieth (40th)
dwelling proposed to be constructed on the Lands.
(d) The remainder of the aforesaid aggregate amount being ninety-four thousand,
eight hundred and thirteen dollars and fifty cents ($94,813.50) on the earlief
.. l"" "
Page~ C. <?
to occur of. the expiry of twenty-four (24) months following the date of
issuance of the building permit for the first (1st) dwelling proposed to be
constructed on the Lands and the date of issuance of the building permit for
the sixtieth (60th) dwelling proposed to be constructed on the Lands.
Subject to the provisions of the Development Charges Act, 1989:
(a) The Town shall review its schedule of Development Levies annually and may adjust
the amount of the Development Levies herein in accordance therewith.
(b) The Owner hereby acknowledges and agfees to such annual adjustment and further
agrees that such adjusted Development Levies shall be applicable to alllot(s) or
block(s) within the Plan fOf which Development Levies remain due.
References in this Schedule "D" and in any other provision of this Agreement to
"Development Levies" are to be construed to be refefences to the Development Levies
required to be paid by the Owner to the Town pursuant to paragraph 3.4 of this Agreement
and this Schedule "D". They are not to be construed to be or to include references to a
development chafge that may be imposed by a Development Charge By-law passed by the
Town under the Development Charges Act, 1989.
I
, 1'-'
, \
pagej/f ~ q
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed the 28th day of January, 1991.
TRANSFERS OF EASEMENTS
(1) On the execution of this Agreement, the Ownef shall deliver to the Town transfefs
of easements in (1) Parts 1 and 2 on plan of survey deposited of recofd in the Land
Registry Office as Plan 10R-3965 for the purpose of the construction, operation,
repair, maintenance and replacement of the Storm Sewer Work, (2) Parts 1 and 2
on Plan 10R- for the purposes of rear yard catchbasins and storm
sewefS and (3) Part 1 and 2 on Plan 10R- for the purposes of rear yafd
catchbasins and storm sewers to be located on Lots 84 and 85 on the 10M Plan in
accordance with the approved Engineering Drawings.
(2) Easements for the feaf yard catchbasins and storm sewers and the Storm Sewef
Work shall be perpetual in duration.
(3) Subject to pafagraph (2) of this Schedule "E", the Directof shall determine the terms
of such easements. The easements shall be free and clear of all encumbrances and
restrictions. The transfefs shall be prepared by the Ownef at its cost and shall
contain other provisions satisfactory to the Town's Solicitor, shall be made fOf a
nominal considefation, and shall be in registrable form. PriOf to the fegistfation of
the transfefs 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 Lands.
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PART 2
3186 ~
SUBDI ISION
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PLAN IOR-.3'KoS
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER TIlE
REGIS TRY ACT.
OATE ~~hL
kL ti:. -_?:
R.5.~
RECEIVED/AND DEPOSITED
DATE ___<f!.L~L__
LANO~~
RElllSTRY OMSION OF
NEWCASTLE IN" DI
PLAN OF SURVEY OF
PART OF TOWN lOTS 8 AND 9
TO J-lJlC~ PLAN
REGISTERED OCT:3 . 18561
PARTCF~2
10 PLAN A' bein9
OF LOT 9. CONCESSION I
OWN OF. :NEWCASTLE
TC1NN OF ~ANVILLE)
EGONAL M.H::A\UTY OF DURHAM
SCALE 1:500
.. ..
J. 0" 8AR NE S LIMITED - 1991
METRIC =~J*1O":r1':-:?~"'~
NOTES:
~..__ AM: M~MllDAM REFtfR'DlDTME:
SOUIMEIIl.Y ~ f1F c::cJICISIDI STRUT lAST AS.... ..
""MilI lOA-ntl.MoWWG...... OF iii ""$S"OO"(
. _TO
o ..-..
_ 0lII0TD
. -
( ,. J DENCJrU
(1061 DENOTES
DOI01U
.... DOIOlES
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IT""" .... aut
- ....
.....AIt IOR-'"
1II.0.lfIOIRI GL.S.
MMINlLL. IMCICLIII ......... O.L S.
C....X1Uf 0.....5.
CAUTION
,... ..... II IIIn' A ...... 01 ~ wmIII
T,. ....... ar..'" ....- III:T
.....
0..'''.
0.01' ..
0.lt4 lie
o .250 M
SURVEYOR'S CERTIFICATE
I U'".,,. ,....1';
I. :C~ ~.~~ ~ =-~A:=:=:=:'=-~'"
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.... JI14!d!~1 _f&.J!!__:: -.. _
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5UlfVf1'1NG MAl'PlNG
lAND INfOllMATlON 5HVlCII
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QEGISTERED PLAN I, IOM-
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~ PARCEL PLAN - I SECTION
I
(/)
0:: LOT 1- .~ ~ LOT 4 LOT 5
w
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N .. . 32 790
(1Itf~ ,ItAAtNe) [PART II UD8I
N 710 55' 00' E AREA: QOO9 II< 29.780 18
- f-SLOCK ~
BLOCK 105 .102
(0.3.. RESERVE) , (WIDENING)
CONCESSION STREET
ROAD ALLOWANCE BETWEEN CONCESSIONS I AND 2
PLAN 10 R-
I REC,yRE "'-1IS PL:'.. ~O BE RECEIVED AND DEPOSITED
DEPOS.TED UNDER TtiE LAND
TITLES ACT.
DATE ____.________
DATE ___________
--R_SKARPiEi:"----
LANOREGiSTRARFOR THE
LAND TITLES DIVISION OF
NEWCASTLE W!! 101
PARTS:~ 2 9toRi c-; ;:~;;.-...s.l PLAH-l. SECTIO,.. 10M.
PL~~ OF SURVEY OF
PART OF LOTS I AND 4
REGISTERED PLAN IOM-
Tal/IN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE I ' 200
o I ! ! .. ~ to
1'""'\ -""""7"
J.D. BARNES LIMITED -'991
20.
.
METRIC g':J~~~~J*,.J~ML:'N ~~I:e lI:l~~io~:D
NOTES:
iiEiiiiiiieSiE_ ARt: _ _ ARE RUERIlED 10 THE SOUTHERLY
~:r: WN' 7'fi ~E Off REGISTERED Pl.AH 1011- ,HAVING A
.
o
SIB
18
~
DENOTES
DENOTES
DENOTES
DDIOTES
DENOTES
SURvEy NONUIoIENT FOUND
SURVEY IIIOHUlIEHT PUlNTZD
STlUlOARO IRON BAR
IRON au
J.D lIARNES LIMITED
CAUTION
HitS >I..AN ~s NOT A PLAN OF SUBDIVISION WITHIN
THE wEA.N.!~ OF THE PLANNIHG ACT.
SURVEYOR'S CERTIFICATE
I CERTlF''f THAT:
I. THIS SURYEY AND Pl.AJO ARE CORRECT lUll> IN ACC_NeE WITH THE SURVEYS
ACT A"O THE LAND mu:s ACT AND THE FlEGUl.ATIOHS MADE 7HEFlEUHDER.
a. TNt. S4.HtYf:T WAS COVPLETEDON .THE: 25. O.\Y OF MARCH . '991.
Oo\TE_________
--- - it$:"KARPla-- ---
GMT.RtO LAND 'UItYIYOII
leI
~Q ~6BNES
SURVEYING MAPPING
LAND INFORMATION SERVICES
OfFICE OF 0RlGIN:
725 BI..OOR STREET WEST,
OSHAVtA. OffTARIO LlJ 5Y6
(416) 579-9492
4
,
Dbw... lh' N. M.
ItDBllNQ NO., '
89 -'25- 257 - 12
CttKa..tO'~: .R.$. K.
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KERSHAW
STREET
PARCEL
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SECTION
10M -
';,~
LOT
84
LOT
PLAN
SECTION
1.5",
RESERVE D
B LO C K
LOT
D
PO R T E R
AND
BRADSHAW
INST,
NO
25611 (REMAINDER)
SURVEYING MAPPING
LAND INFORMATION SERVICES
PLAN IOR-
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE
THE LAND TITLES ACT.
DATE ____.________
RECEIVED AND DEPOSITED
DATE ___________
LAND REGISTRAR FOR -T->iE
LAND TITLES DIVISION OF
NEWCASTLE (NO 10)
PARTS I AND 2 ' PART OF PARCEL PLAN -I, SECTION 10"-
I
COMPILED PLAN OF SURVEY OF
PART OF LOTS 84 AND 85
REGISTERED PLAN 10M
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
.' ''''',:;' ...:~. <~i' -
SCALE I: 250
o I .2 So .. 5
~--
..
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,
J. D. BARNES LIMITED - 1991 ,
85
-LOT
METRIC
NOTES:
DISTANCES SHOWN ON THIS PLAN ARE IN ME TRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
86
ALL PARTS SHOWN HER.EON HAVE PERPENDICUL AR WIDTH AS S"QWN
IN THE SCHEDULE AI() ARE WHOLLY CONTAINED WITHIN THE UNDERLYING
LOTS, PREVEOUSLY UNDEFINED LIMITS ARE PARALLEL WITH EXISTING
LIMITS.
10M -
10 M -
CAUTION
THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN
THE MEANING OF THE PLANNING ACT
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
I, THIS PLAN AN ACCURATE COMPILATION BASEe ON DATA JE~'vE:
FROM REGISTERED PLAN 0"-
DATE_________
- -- -R~S-KARPIE: - - - --
ONTARIO lAND SURV[ YOR
PLAN
IDI
J.D ~6RNES
OFFICE OF ORIGIN
72S BLOOR STR(ET WEST
OSHAWA ONTA~:C lIJ 5 rE
(4IS) 579-;492
OR,",WN8, M.M
RHfRf"'U ....0
89 - 2: . 2'57. :.7
(H(UUD8) R S ,to:
I '1 I J ~l
Page~ -; ']
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agfeement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication or Lands
The Owner shall deliver to the Town in a form satisfactory to the Town,
transfers in fee simple absolute the following land now shown on draft Plan of
Subdivision 18T-88024:
(a) Blocks 104 to 111 - 0.3 m Reserve
(b) Blocks 101 to 103 - Road Widenings
(2) Casb in Lieu of Lands for Park or Other Public Recreational Purposes:
On the execution of this Agreement, the Owner shall pay to the Town, as cash
in lieu of the dedication by the Owner to the Town of lands fOf pafk or other public
recreational purposes, the amount of five (5%) percent of the market value of the
Lands which the Owner and the Town hereby acknowledge and agree to be properly
calculated at the rate five (5%) percent applied against the sum of two million, four
hundred and fifty-nine thousand ($2,459,000.00) dollars being one hundred and
twenty-two thousand, nine hundred and fifty ($122,950.00) dollars.
ry
_I
Page Hi -; <f
SCHEDULE -G.
nlls SCHEDULE IS SCHEDULE -G. to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
WORKS REQIDRED
L STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and storm
water originating within the said Lands, including storm sewer mains, manholes,
service connections, C8tchbasins and leads, open channels, storm outfalls, oversizing
and any other appurtenances as may be required in accordance with the Town's
Design Criteria and Standard Drawings, (the "Storm Sewer System").
The Owner agrees to produce Engineering Drawings for the Storm Sewer
System, to the satisfaction of the Director.
The Owner agrees to obtain any easements required by the Director which
are external to the said Lands, at no expense to the Town for the disposal of storm
water from the said Lands and transfer the same to the Town in accordance with
paragraphs 2.4 and 2.7 of this Agreement.
2. ROADWAYS
The Owner shall construct and install the following services including
oversized services on the various streets, shown on dr~ft Plan of Subdivision 1ST-
88024 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 "8" material to provide a proper base for paving, shall be
in accordance with the Town's Design Criteria and Standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of all streets shown
on the approved Engineering Drawings in accordance with the Town's Design
Criteria and Standard Drawings.
, .
Page;ro-- ?.;-
(d) The Owner shall construct, install and maintain complete sidewalks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings, on the locations shown on the approved Engineering Dfawings.
(e) The Owner shall grade and pave all driveways between the curbs and
sidewalks in accordance with the Town's Design Criteria and Standard
Drawings 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 the lots lines in accofdance with the Town's Standard Drawings and
Design Criteria.
(f) The Owner shall construct, install, energize and maintain street lighting, in
accordance with the Town's specifications on all streets and walkways
provided for in this Agreement, to the satisfaction of the Director.
(g) The Owner shall install the topsoil and sod of the boulevards between the
curbs and the property line on all allowances fOf road(s) shown on the final
Plan of Subdivision of the Lands in accordance with the Town's Design
Criteria and Standard Drawings and to the satisfaction of the Director.
(h) The Owner shall supply, install and maintain traffic signs and permanent
street-name signs, in accofdance with the Town's Design Criteria and Standard
Drawings and to the satisfaction of the Director.
3. CONSERVATION WORKS
In addition to the work fequired by Schedule "Q", the Owner shall construct,
install and maintain certain conservation wOfks on land within this fegistered final
Plan of Subdivision of the Lands including retaining walls, dfainage channels and
watercourse channelization works, including all appurtenant fences and all other
apparatus, in accofdance with the approved Engineering Dfawings.
I
4. LQIj GRADING
I
The Ownef shall rough-grade all lot(s) or block(s) in accofdance with the
Grading and Drainage Plan, to the satisfaction of the Difector.
5.
(a) The Owner shall complete and install all landscaping requifements in
accordance to. the approved Landscaping Plan.
"
, lj t ...
Page:M- ..,. '-
(b) The Owner shall pfovide, plant and maintain, under the supervision of a
qualified nurseryman or horticulturist (and guarantee for one (1) year from
the date of planting) the tree and shrub planting requirements in accordance
with the approved Landscaping Plan.
I
r
. \ I l...
Page:t&- ? ?
SCHEDULE "G-l"
THIS SCHEDULE IS SCHEDULE "G-l" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28tb day of January, 1991.
STAGING PLAN
(TO BE ATIACHED)
_.1
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_ r;.,.q NeE S S ION 2 I.
~~ I :,'..:; I FUr U ReAl C 0 I .u lA b eNS I r l'~
\.: I . NON-PROFIT .LOCK .
.:, ~:' _~~~~~ M. ~ :__f! !" _ 5 ,~.,.l _ A V. E N 'Ue-
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If t.:-..... ~.. 1M'';'' ~,',I -= I .."",
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Iif.i .~.2 ~ 37 JO r . PART ~Id
,it - . . 13 53 ~ ~/D SID 4,]"" "'csc"...c~t; "
I f 81.00 B1.00< 106;;! 81.00< 99-,..J
_'~'4 52...... I r!:!,J 100 rj I
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I ;1: ll[lX;l('71 10 rr;o 44 ~3 t'\';f I I 24 I .~I 2~! I J-N..~ I! - -i ~, ' - ~ -
_ & - 45 JI~ .~~ SID I J SlOG SID I .,~ (01 I (J) _ ~ :. ~=:=~}f~~
. .~-~~';'~J/ == I \ ~ -1 ~ ilL: OATVE
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i.' =] ~~i~14tf~~L~ 72 73 74 75 16 77 78 79 00 rslO 82 ~,:: i B4 85 B6 ~. J _._._.~ _-= ...::!- _ ~ l ~ ~-=-- 4~f:~~" "-
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.O~ ~r..,~ . ,,_ ~I~I ~ r---+,-----I I I . .J~,:~-- \
.. -if 57 r!" . OJ "~!lB 97 .C c:. ),3 92 91( 90 '.:i.9'r BB 87' BLOCK,D (R .) iii I I ~.,--
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BRA OSHA w ~ -. s1': t,;idi~;.q lOR-211sfj [] ",LJ I . '.'0:.5< 1 .__ i . .+-' -J ; I - I""
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, -1- ,-- T - r- l}fOIo/~WALLACE HERRICKS PLAN FCR PORTER 4t BRADSHAW t ~ ij,I.. 2:
6J I.. 64 I. 65 I. 66 I " ~ 'J 2' I " 'J" . I i'll 0
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roo GENERAl. NOlES I: l!G(NO :lEE OYlO. No:G-icl ,:';'';
fOR GRACINe NOTES t Ll<<NO sa OlVC. No.~'~ :~:.
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CONl1'l.CTM TO BE RrSl'<>lSlBU rOIl LOCA lION r:F -
~U~~:{~N~~~~ ~~~~E~~~g~_:b~,lct -.
NonCE PRIOR TO >>4Y :JCQNG. ~OR STAKE OUT. THe: .
C~SUlTANT ASSU'-CES ,...'J RESPONSS!UTY fOR M ACC1JR.4C
OF n-lE: lOCAncw Of LCSllNG uruTIES AS IHOICATED CJrf
THlS o.RA~NG
TOWN OF 80WlJIlNVILLC
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SA" CWTt'6u. III[Y/KO
Il'Il.OCAn:O""lJI_CII~n 'lOUSf ,,",,--.0 ~ d~
No. RE>1SlOl< O'lE BY APP!lO~:
REVISIONS
CORPORA nON OF THE TOWN OF. NEWCASTI.E
P'ubw:: ~s o.;ll.YtmW'f
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WILLOWBR.9.Q~K GARDENS
.. .~-"'\
STAGING PLAN _ _:
CCIlfS"-1'MlI~_......-os1
G. M. SERNAS It A8aOc. LTP~ .
~11l!~~Ji:r,~.,: ;'~',:;.~
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Page;J:!r 7 q
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corpofation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
JJTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Ownef shall arfange with the appfopfiate authority having jurisdiction
for the design, provision and installation of an electrical supply system to serve the
Lands, in the locations as apPfoved by the Directof. All electrical services are to be
installed undefground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in ofder that the installation of any such system shall take place so far as
possible contempofaneously 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
fOf the design, pfovision and installation of a complete street lighting system to serve
the said Lands on behalf of the Town in whose ownefship the system shall vest upon
acceptance of the Works including all appurtenant apparatus and equipment, in the
locations as appfoved by the Directof. The Owner shall furnish written evidence
satisfactory to the Difector that such affangements have been made prior to the
issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell
Canada for the design, provision and installation of a telephone system to serve the
said Lands, as approved by the Director. All telephone services afe 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,
/
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Page::trY' ~D
including gas mains, and all appurtenant manholes, laterals, service connections,
apparatus and equipment in the locations as approved by the Director.
5. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having authority
to provide its services within the afea 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 afe 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.
__ L
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Page~ ~(
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 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 WOfk;
(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
Ownef's Engineer of the fesponsibility and liability for any errofs Of omissions in the
above drawings, plans, or documents Of ffom liability for any damage or loss caused
or resulting directly or indifectly by the Ownef'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 WOfks 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:
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Page ~ ~ J.....
(a) provide field layout including the provision of line and grade to the
contractors and, whefe required, restaking;
(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
(c) arrange for or carry out all necessary field testing of materials and
equipment installed Of 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 fequirements of the Director;
(e) investigate and feport to the Difectof any unusual cifcumstances 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 fecords pertaining to the construction
and installation and make them available for examination by the Difector 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 prepafe as-constructed drawings requifed by the
Director and submit the same to the Director for his approval.
1_-
SCHEDULE -.I"
Page..:7r r 3>
THIS SCHEDULE IS SCHEDULE .J" to the Agreement which has been
authorized and approved By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of JanuaJ)', 1991.
WORKS COST ESTIMATES
STAGE 1 lexcludinl Bradshaw Street Reconstruction
Work)
1 STORM SEWERS
2 ROADS. YEAR 1
3 ROADS. YEAR 2
.. STREET TREES
5 STREETLIGHTlNG
, PARKS/LANDSCAPING
7 STORMWATER DETENTION POND
8 ROUGH GRADING
STAGE 2 (Includinl Bradshaw Street Reconstruction
Work)
1 BRADSHAW STREET RECONSTRUCTION
WORK
YEAR I:
YEAR 2:
SUB-TOTAL
5% CONTINGENCIES
SUB-TOTAL
10% ENGINEERING
TOTAL COST OF WORKS:
EXTERNAL WORKS:
DEVELOPER SHARE OF STORMWATER WORKS
ON WEST BRANCH OF SOPER CREEK:
TOTAL VALUE
GUARANTEE:
OF
PERFORMANCE
$ 795,766.50
$ 180,930.25
$ 308,771.00
$ 21,500.00
$ U,700.00
S 0.00
$ 0.00
$ 308,490.00
$ 98,387.50
$ 41.470.00
S 1,775,015.25
$ 88,750.76
$ 1,863,766.01
$ 186.376.60
$ 2.050,142.61
$ 132.400.00
J 2.182.5oQJ1
DEVELOPER CASH CONTRIBUTION FOR
FUTURE RECONSTRUCTION OF MEARNS
AVENUE AND CONCESSION STREET: $ 189,26'.33
TOTAL AMOUNT OF CASH CONTRIBUTION: ., 189.269.~~
Page.+s- 7~
The Performance Guarantee for the Works shall be based on the prelimina.ry
Works Es~tes which have been submitted to the Director by the Owner's Engineer and
approved by the Director. When the Engineering Drawings and the Landscaping Plan have
been approved by the appropriate Director as is required by this Agreement, a revised
Works Cost Estimates for the construction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an
increase or decrease in the Works Cost Estima.tes.
, I 1 t I ,\
Page::JIr <f'"
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No. 91-11 ofthe Corporation of the Town of Newcastle,
enacted and passed the 28th day of January, 1991.
INSURANCE REOUIRED
1. TYPES OF COVERAGE REOUIRED
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 Treasufer and licensed in Ontario to underwrite such
insurance. Such policy or policies of insurance shall indemnify the Town against all
damage Of claims for damage fOf:
(a) any loss Of 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 Of damage that shall Of 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 thefeof respectively;
(c) any injury to any pefson Of pefsons including workmen employed on the said
Lands and the public;
(d) any loss Of damage that shall Of may results from the stofage, use Of 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 wOfks; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development of
the said Lands together with any or all of the Works, Utilities and Services
pertaining thereto.
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Page.8tJ 9'6
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy Of policies of insufance 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 Of subsidence of any building, structure or land from any cause;
or
(d) any storage, handling Of use of explosives.
/
, I I I 1,1
Page~~7
SCHEDULE ilL"
THIS SCHEDULE IS SCHEDULE ilL" to the Agreement which has been
authorized and appfoved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
REGULATIONS FOR CONSTRUCfION
1. REQUIREMENTS FOR BLASTING
The Owner shall, priOf 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 femain within the limits of the said
Lands.
3. pUMPING OF FILL OR DEBRIS
The Owner shall not dump, Of permit to be dumped, any fill or debris on the
said Lands, or to remove or permit to be removed any fill ffom any land to be
transferred to the Town, othef than the roads within the limits of the said Lands,
without the written consent of the Directof.
4. DISPOSAL OF CONSTRUCfION 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 buildef obtaining a building permit for any part of the
said Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands.
s. QUALITATIVE AND 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 Directof. The costs of such tests shall be paid by the Owner.
./
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Page~ ?'i'
6. MAINTENANCE, CWSING AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times 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. Tbe Owner shall not use or occupy any
untravelled portion of any public road allowance without the priOf written approval
of the Town or authority having jurisdiction ovef such public road allowance.
7. MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any foad 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, whefe
necessary, to the approval of the Difectof, in order that the construction of such road
shall not have suffefed due to any use of the granular base COUfse as a temporary
road.
PriOf to the placement of the surface of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base COUfse 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 ensufe
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 progfam of weed and rat control to the satisfaction of the Difectof.
, 1 I ~, '.
Page $" f1 '(
SCHEDULE "M"
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corpofation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
USE OF THE LANDS
The Owner agrees that the said Lands shall not be used fOf the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON PLAN 18T-88024
PERMIITED LAND USE
Lots 1 to 98, inclusive
Residential
Blocks 99 and 100, inclusive
Blocks 99 and 100 shall be developed
in conjunction with the development
of adjacent lands and until developed
shall be maintained by the Owner
in a feasonable condition.
Blocks 104 to 111, inclusive
0.3 m Reserves
Blocks 101 to 103, inclusive
Street Widenings
_1
t .- f f
Page..84" ~ (;)
SCHEDULE "N"
TIllS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corpofation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
LANDS UNSUITABLE FOR BmLDING
The Owner agrees that no application will be made for a building permit for
the erection of any structure on the Lands listed in the following table, until the conditions
listed in the following table have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
ON PLAN 18T-88024
LAND USE
Lots 45 to 73
See paragraph 4.12(16)
Blocks 99 to 100
Futufe Commercial
/
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Page$ tit
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
LANDS REQUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an
application for a building permit fOf 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 fespects with the terms of the Site Plan
Agreement.
LOT OR BLOCK NUMBER
ON PlAN 18T-88024
Blocks 99 to 100 inclusive (Future Commefcial)
/
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Page-86 C( "L
SCHEDULE .plI
11IIS SCHEDULE IS SCHEDULE .p" to the Agreement which has been
authorized and approved by By-Jaw No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of Janwuy, 1991.
EXTERNAL AND/OR OVERSIZED SERVICES AND
JlEIMBURSEMENT FOR OVERSIZED AND/OR EXTERNAL SERVICES
1. STORM SEWER WORK
This Work (the ItStorm Sewer Worklt) consists of the construction of oversized storm
. sewers within Plan 1ST -88024 and on Concession Street and outfalling at the West
Branch of Soper Creek. More specifically, this work includes the installation of the
storm sewers, manholes, oversizing and a headwall as shown on G.M. Semas Ltd.,
Project 8824, Drawing No. G-I02 dated August, 1989 and as finally approved by and
on file with the Director.
. .
Preliminary Total Estimated Cost:
Owner's Share:
$932,032.25
$224,587.49
2. BRADSHAW STREET RECONSTRUCfION WORK
(INCLUDING STORM SEWERS)
This Work (the "Bradshaw Street Reconstruction Worklt) consists of the
reconstruction of Bradshaw Street to an urban road standard (including storm
sewers) from Concession Street northerly to the limit of the land within draft Plan
of Subdivision 1ST -88024 which abuts Bradshaw Street. This Work includes
excavation, grading, installation of storm sewers and catchbasins, oversizing,
installation of granular itA" and "8", asphalt paving, sidewalks and topsoil and sodding
of boulevards, as shown on G. M. &emas Ltd., Project 88242, D~~g No. P-I07,
, dated July, 1989 as finally approved by and on file with the Director.
Preliminary Total Estimated Costs:
Owner's Share of Costs:- . -.
Town's Share of Costs
(for which tbe adjustment
has been included in
Scbedule ltJ"):
$158,705.75
$ 50,867.23
$ 55,614.84
t J r - JI
Page...s:7--' q J
SUMMARY OF ALLOCATION OF PRELIMINARY ESTIMATED COSTS
OF OVERSIZING OF STORM SEWER WORK
Owners of Desi~at~d Areas
Share of Preliminaty
Total Estimated Costs
A) Marchetti
B) ilia
C) M.O.S.
D) Durham Non-Profit Housing
E) Ashdale Capital Corporation Ltd.
$237,493.37
116,229.35
340,234.48
13,48756
224.587.49
TOTAL
$932.032.25
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DESIGNATED AREAS
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Page $'" 4 )
BRADSHAW STREET RECONSTRUCTION WORK
Designated
Area
Owner of Designated
Area
Cost of Sharing
Refefence
Bradshaw St.
Frontage
A Schickedanz Bfothers Ltd. Schickendanz 40.Om
3311 Bayview Avenue
Suite 105
Willowdale, Ontario
M2K IG4
B Winston & Marion Santiago Santiago 20.Om
580 Bradley Drive
Whitby, Ontario
LIN 6C2
C Willis & Nellie Fowler Fowler 20.0m
16 Bradshaw Street
Bowmanville, Ontario
L1C 2ID
D Nellie Fowler In Trust Fowler in Trust 38.Om
16 Bradshaw Street
Bowmanville, Ontario
LIC 2ID
E Haviland Fennell Fennell 34.0m
89 Sixth Street
Toronto, Ontario
M8V 3A4
F Clifford Campbell Campbell 25.0m
6 Bradshaw Stfeet
Bowmanville, Ontario
L1C 2ID
G Evelyn Gfeengrass Greengrass 57.0m
50 Concession Street
Bowmanville, Ontario
LIC lY3
H DOfOthy Pearce Peafce 84.Om
56 Concession Street E.
Bowmanville, Ontario
LIC lY4
I Ashdale Capital Corp. Ltd. Ashdale 150.0m
85 West Beaver Creek
Road
Unit 2
Richmond Hill, Ontario
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Page-9t 't 7
SUMMARY OF ALLOCATION OF PRELIMINARY ESTIMATED
COSTS OF BRADSHAW STREET RECONSTRUCTION WORK
Designated
Area
Owner of
Designated
Area
Retained
Cost
Share
Share of
Preliminary
Total
Estimated
Severable Costs
A Schickendanz Ltd. 40.Om $13,564.59
B Santiago 20.0m $ 6,782.30
C Fowler 20.Om $ 6,782.30
D Fowler in Trust 14.Om $ 4,747.61 24.Om $ 8,138.76
E Fennell 12.Om $ 4,069.38 22.0m $ 7,460.53
F Campbell 25.0m $ 8,477.87
G Gfeengrass 42.0m $14,242.82 15.0m $ 5,086.72
H Pearce 31.0m $10,512.56 53.Om $17,973.08
TOTALS
I
164.Om
$55,614.84
$50,867.23
154.Om
$52,223.68
Ashdale
150.0m
I
_I ,} t J,\
Page ~ q fl'
3. WEST BRANCH OF SOPER CREEK STORMWATER MANAGEMENT WORKS:
The "West Branch of the Soper Creek Stormwatef Management Works" means and
comprises the construction of a stormwater management facility, landscaping, fencing,
erosion protection (from the stormwater management facility to Soper Creek) and
engineering and contingencies. These works are described in the "Master Dfainage Plan
for the West Branch of the Soper Creek", prepared by Marshall Macklin Monaghan Ltd.,
dated June 1989, as finally appfoved by and on file with the Director. The total estimated
costs of these works and the Owner's share thereof are set out in the Cost Sharing Report
for Implementation of the Master Dfainage Plan for West Bfanch of the Soper Creek
prepared by Marshall Macklin Monaghan Ltd. dated May 1990, as finally approved by and
on file with the Director (the "Cost Sharing Report").
Preliminary Total Estimated Cost
Owner's Share:
$2,057,000.00
$ 132,400.00
./
I .}, ,',
Page -95" '1 q
SCHEDULE liP_Ill
THIS SCHEDULE IS SCHEDULE "P-I" to the Agfeement which has been
authorized and approved by By-law No. 91-11 of tbe Corporation of the Town of Newcastle,
enacted and passed the 28th day of January, 1991.
FINANCIAL CONTRIBUTIONS FOR CERTAIN EXTERNAL WORKS
1. CONCESSION STREET URBAN ROAD UPGRADING WORK
This Work (the "Concession Street Urban Road Upgrading Work") means and
comprises the road widening of Concession Street to an ufban road standard in accordance
with the Town's Design Criteria and Standard Dfawings.
The work includes:
(i) Excavation
(ll) Gfading
(iii) Installation of storm sewefS
(iv) Installation of curb and gutter
(v) Installation of Granular "A" and "B"
(vi) Asphalt paving
(vii) Topsoil and sodding boulevards
(viii) Sidewalks
(ix) Street lighting
Owner's Share
$ 82,634.17
2. MEARNS AVENUE RURAL AND URBAN ROAD UPGRADING WORKS
This Work (the "Mearns Avenue Road and Urban Road Upgrading Works") means
and comprises the road widening of Mearns Avenue to an urban road standard in
accordance with the Town's Design Criteria and Standard Drawings.
The work includes:
(i)
(ii)
(ill)
(iv)
(v)
Excavation
Grading
Installation of storm sewers
Installation of curb and gutter
Installation of Granular "A" and "B"
r
I I I
Page..W { ~O
(vi) Asphalt paving
(vii) Topsoil and sodding boulevards
(viii) Sidewalks
(ix) Street lighting
Owner's Share:
$106,635.16
11< I
. ,
r
Page~ { {fl (
SCHEDULE -0-
TIllS SCHEDULE IS SCHEDULE -Q- to the Agreement which has been
authorized and apPfoved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
CONSERVATION AUTHORITY'S WORKS
(1) Prior to the initiation of grading and prior to the registration of this Plan Of any
phase thereof, that the Owner shall submit for the review and approval of the Central
Lake Ontario Conservation Authority (C.LO.C.A.), an erosion and sedimentation control
plan for the said Lands.
(2) Prior to final approval of the Plan, the Ownef shall obtain the Centfal Lake Ontario
Conservation Authority's approval of one hundred (100) year storm overland flow routing
for the Plan and submission of a brief report indicating the manner in which flows will be
directed to the Soper Creek tributary and written confirmation by Central Lake Ontario
Conservation Authority be satisfied that the requirements of the Soper Cfeek Mastef
Drainage Plan pertaining to the site have been addressed.
(3) The Owner agrees to carry-out, or cause to be carried-out, to the satisfaction of the
Central Lake Ontario Conservation Authority the fecommendations feferred to in the
report as required in Condition 12 of the Commissioner's letter to the Ownef dated April
31st, 1985 and contained in Schedule "S".
(4) The Owner agrees to carry-out site gfading, sedimentation control and minof and
major flow routing as approved by the Central Lake Ontario Conservation Authority and
agrees to not place fill, grade, construct any buildings Of structures without prior written
approval being given by the Central Lake Ontario Conservation Authority.
, l I 'r~
Page~ I & ~
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
ENGINEERING AND INSPECTION FEES
Estimated Cost 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" hefeto, 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 thefefore 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 WOfks fqr each stage shown on the Staging Plan.
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SCHEDULE "S"
THIS SCHEDULE IS SCHEDULE liS" to the Agreement which has been authorized
and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle, enacted
and passed on the 28th day of January, 1991.
REGION'S CONDITIONS OF APPROVAL DATED AUGUST 9. 1989
1. That this approval applies to draft plan of subdivision 18T-88024, prepared by Tunney
Planning identified as numbef D-1 revised and dated January, 1989 showing 26 Lots
for single family detached dwellings, 31 Lots fOf semi-detached linked dwellings and
18 townhouse units.
2. That the road allowances included in this draft plan shall be dedicated as public
highway.
3. That the road allowances included in this draft plan shall be named to the satisfaction
of the Region of Durham and the Town of Newcastle.
4. That Block(s) 107, 108 and 109 shall be dedicated as public highways for the purpose
of road widenings.
5. That 0.3 metre feserve(s) as shown as Block(s) 95, 98, 99, 103, 104, 105 and 106 shall
be conveyed to the Town of Newcastle.
6. That any deadends and/or open sides of road allowances cfeated by this draft plan
shall be tefminated in 0.3 metfe feserve(s) to be conveyed to the Town of Newcastle.
7. That the owner shall convey land to the Town of Newcastle for pafk or other public
recreational purposes in accordance witb the Planning Act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
8. That such easements as may be required for utilities, dfainage and servicing purposes
shall be granted to the appropriate authority.
9. That the uses shown on the approved draft plan shall be zoned in an appropriate
zoning by-law passed by the Council of the Town of Newcastle in effect in accordance
with the Planning Act
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10. Prior to the initiation of grading and priof to the registration of this plan or any phase
hereof, that the owner shall submit for the review and approval of the Central Lake
Ontario Conservation Authority, an erosion and sedimentation control plan for the
subject lands.
11. That prior to final approval of the plan, the owner obtained Central Lake Ontario
Conservation Authority's approval of 100-yeaf storm overland flow routing for the
plan and submission of a bfief report indicating the manner in which flows will be
directed to the Soper Creek tributary.
12. That Central Lake Ontario Conservation Authority be satisfied that the requirements
of the Soper Creek Tributary Master Drainage Plan pertaining to the site have been
addressed.
13. That the ownef shall obtain approval of the Ministry of Natural Resources for lot
grading, efosion contfol and site dfainage plans.
14. That the prior to final approval, a servicing agreement be executed to install sanitary
sewers on Concession Street and Mearns Avenue necessary to service the plan.
15. That the owner shall submit a Mastef Drainage and Lot Gfading Plan, prepared to
meet the Town's Design Criteriat to the town of Newcastle for review and approval.
16. That the owner shall submit to the Town of Newcastle a Noise Study prepared by a
qualified engineef, fecommending any necessary noise attenuation meaSUfes and all lots
requiring clauses on title.
17. Prior to final approval of the plan, the Region of Durham shall be in receipt of a
copy of the fully executed subdivision agreement between the ownefs and the Town
of Newcastle stating that the specific noise contfol measures recommended in the
acoustical report prepafed by G.M. Sernas & Associates and dated April 1989 and
the addendum dated June 1989, and any other additional meaSUfes recommended by
the Region, shall be completed by requifement of the subdivision agreement
18. That the owner shall submit to the Town of Newcastle a Landscaping Plan pfepared
by a qualified landscape afchitect, based on the Town's design critefia, fOf review and
approval.
19. That the owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within the limits of the plan which are
required to service such plan. In addition, the owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan which are
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Page~ I dj
required to service other developments external to his subdivision. Such sanitary sewer
and watef supply facilities are to be designed and constructed as pef the standards and
requirements of the Region of Durham; all arrangements, financial and otherwise, for
said extensions are to be to the satisfaction of the Region of Durham and are to be
completed prior to final approval.
20. That prior to entering into a subdivision agreement the Region of Durham shall be
satisfied that adequate water pollution contfol plant and water supply plant capacity
are available to the proposed subdivision.
21. That prior to final appfoval of the plan, the owner shall satisfy all requirements,
financial and otherwise, of the Town of Newcastle. This shall include, among other
matters, execution of a subdivision agreement between the owner and the Town of
Newcastle, concerning the pfovision and installation of roads, services and drainage,
and othef local services.
22. That prior to final approval of the plan, the owner shall satisfy all requirements,
financial and otherwise, of the Region of Durham. This shall include, among other
matters, execution of a subdivision agreement between the owner and the Region of
Durham concerning the pfovision and installation of sanitary sewer, water supply,
roads and other regional services.
23. That the subdivision agreement between the ownef and the Town of Newcastle shall
contain, among other matters, the following provisions:
(a) The ownef agrees to carry-out, or cause to be carried-out, to the satisfaction
of the Centfal Lake Ontario Conservation Authority, the fecommendations
referred to in the feport as required in condition 12.
(b) The owner agrees to cafry-out site grading, sedimentation control and minor
and major flow routing and agrees to not place fill, grade, construct any
buildings or structures without prior written approval being given by the
Central Lake Ontario Conservation Authofity.
(c) The owner agrees not to develop block(s) 96 and 97 except in conjunction
with adjacent lands and further agfees to maintain these blocks until
developed.
(d) The owner agrees to implement those noise control measures as
recommended in the acoustic report as required in condition 16.
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(e) The owner agrees to implement the lot grading, site drainage and erosion
control plans fOf the site as required in condition 13.
(f) The owner agrees not to dam, dredge or alter the tributary of Soper Creek
adjacent to Bradshaw Street without pfiof written approval being given by the
Ministry of Natufal Resources.
(g) The owner shall provide access routes to the subdivision and provide that all
watermains and hydrants are fully serviced and the owner agrees that during
construction, fire access routes, storage of combustible waste and open
burning be maintained.
(h) The ownef agrees that whefe well or private water supply of any person is
interfered with as a result of development of the subdivision, the owner shall
at his expense, either connect the affected party to municipal water supply
system or pfovide a new well or private watef system of equal quality.
24. That prior to final appfoval, the Commissioner of Planning fOf the Region of Durham,
shall be advised in writing by:
(a) The Town of Newcastle, how conditions 1, 2, 3,4, 5, 6, 7, 8, 9, 14, 15, 16, 18,
21 and 23 have been satisfied;
(b) Central Lake Ontario Conservation Authority, how conditions 10, 11,12, 23(a)
and 23(b) have been satisfied;
(c) Ministry of Natural Resources, how conditions 13, 23(e) and 23(f) have been
satisfied.
AMENDMENTS TO REGION'S CONDITIONS OF APPROVAL
DATED AUGUST 31, 1989
Condition No.1
- Amending from "...revised and dated January, 1989 showing
26 Lots for single..." to "...revised and dated January, 1989
showing 46 Lots for single..."
Condition No. 13
- Amending as follows: "That prior to the initiation of any
grading or construction on the site, the owner shall submit for
the review and approval of the Ministry of Natural Resources,
a site drainage and soil erosion control plan that shows all
proposed surface drainage works and describes the means to
L
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Page l6T' ( CJ 7
minimize on-site erosion and sedimentation of Soper Creek,
both during and after construction."
AMENDMENTS TO REGION'S CONDITIONS OF APPROVAL
DATED MARCH 21~ 1991
Condition No. 1
Condition No. 4
Condition No.5
Condition 23(c)
- That this approval applies to the draft M-Plan, prepared by
J.D. Barnes Limited, identified by Reference No. 89-25-257-01,
stamp dated February 22, 1991, showing 49 Lots for single family
detached dwellings, 31 Lots fOf semi-detached linked dwellings
and 18 townhouse units.
- That Block(s) 101, 102 and 103 shall be dedicated as public
highway(s) for the purpose of road widenings.
- That 0.3 metre reserve(s) as shown as Block(s) 104, 105, 106,
107, 108, 109, 110 and 111 shall be conveyed to the Town of
Newcastle.
- The owner agrees not to develop Block(s) 99 and 100 except
in conjunction with adjacent lands and further agrees to
maintain these blocks until developed.
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SCHEDULE 'T'
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
TREE PRESERVATION PLAN
(Insert Plan)
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Page~/P~
SCHEDULE .U"
THIS SCHEDULE IS SCHEDULE .U" to the Agreement which has been
authorized and approved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
LANDSCAPING PLAN
(See Attached)
PLANT LIST
KEY NO. BOTANICAl NAME
JIoo
'I I
II I
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:: =.==-- ==--= == : ': 1
'-.. ............ -...-..,.. ..................... .... . I' I
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t, II........ ..........a......... I I
~og~~.___._._._._.::j~!~rn._._._._._._._._,_._.___._._'_'_'_'_'_'_ I I !:
---=-:;\:... -------~---==l-----..---------e--- RETAINING WALL- ------e "I I I
. 1......._....... / "
\ MEA R N 5 A V EN U E IlUlUlTOorsS1~"'~"", _~ I
" -~~~M"':\
~ fAt~6 I I~O~8 34 I' I_I CJ 33 ~ACOUSnCAL fENC~~ -""""""':,1 i :-,._~.:-_::.:-_-::--=
arJ ~ 'I " :Ji~~ . 1""'- IBLOCK 107 Ii:
~ 57 ACOUSTICAL FENCE I I 10.... IlDERYE I I i I-"'-':::-=~--==
59 60 61 ~Qj ~ 56 / 35 ~ 32 i ' r::"~;~'qr I I: i fi /-------
I 55 I 36 I 31 I ,O"<-_-,.L I :l Ii:
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62 I I I' I fI I
54 ~ t... I I i II) II I
53 37 ':/ II 30 00 SCREEN FENCE~ll : I "\ <( If I
, y- BLOC~ BLOCK 106~ I " i L, it I
F 100............ BLOCK 99 -; j.... 'I I
52 38 I 29 ~ 1 ~BLOCK105
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14 ~ ~ 11 l.... Ii ,
10 RETAINING WALL-
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19 Lr 6 "il-i:1
20 /:." 5 ill) i' I
21 4 i .: I
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----~-------------------- ~
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66
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72
60
81
82
85
86
73 74
75
77
78
79
76
-
--....
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u
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--
~ 97
92
90 89
95
96
88
91
87
94
93
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TOWN OF' NEWCASTLE
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STANDARD TREE PLANTING
VERTICAL WOOD STAKES .....".
l'cr~IGlVD'rD
"' MfOCltllOC _.,.,.1tQIl!II
1,",,1'WOL~WllQ.D
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a.f'8ICZ'....1ItMC*m1__ca.Dr', at EnD
"'......._ftlIZ.'O.fllEC'IUl..ru.GDP.w:NIII
ro."MlIliDIIID~'~DDII'"
....."___fO<<fIO'f,,,.GAty~
:l ACOUSTICAL FENCE- 1.85m
1 ELEVATION- 2 OF' 2
LOCATION MAP
TO"N Dr _O."AII"II.LI
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GENERAL NOTES
...~...."'*' ~...... " 'lID
UlM1IllI'I PMlr CUf rt ~ .....,.
...~~
1.fWl.'lCttUC1tto_~'rD.
--
a.M.L~N~"""'''IiN'(I}
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'he IK tJ1"................ ..,.0114-
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..,.... 0.. Mr MIl""" 11ft ...,....
1OllE~~'''''O
-....
.... tIUMCo .110' fOIt ....,.
~wm.IGIGI"_
---
"""------
.. '1..&m T.6J.t WOOD $CRfi'H ffNCt
- &n DtlAlL 4/1
_ 1.bn TALL. WOOD ACOUS.TCAL
rtNCC - &IT OCTAL VI .. :1/1
- . - ftfT ANNG WAU!l- Rfl"'[R 10
GltADlNG Pl.AN&
rr:NCC TO TIC PlTO lH!' fRONT or
TIfC HOU&C& ON LOT& L 12. 33-
3</, 580 .. q:;
mANNG WALL& TO &
GONSTRLCTCD 10 RI&I &TA>Il)ARll&
. ova- ...,. IC*Dl iPIIIIllr...
~ ~"I'Ill,,_IlOIICIft.
-l/llItaatI'__...........w.Ii.Uo
. ................". I'UII.-.en
. UIV......I......,...~
...- -
REVISIONS
oe
HENRY KORTEKAAS d:
ASSOCIATES ..
LANDSCAPE ARCHlTtCTUR!.
ENVlROtl/.IENTAl It RECREATIONAL
PLANNING
nu-......._.Ln...
"'--
DJlTUUS CA/UI PLOfTJNe
7JP..-..........ur_
eJ'._ -..-
-
~ACL &TUARl Gli:0Lf'
WlLLO_OO!< GARDCN!>
T OWl< or eQ\!lt\AHVl.lL
-
& TRCn TRn P'LAH1'tlG PLAN
-- 1"'--
,
-.. ""'" ...-
&.(., 1117~ I Mloo-tl
-.. 1';;';'2=r~;
A.WJ1.
'uK' ,--
i 8Q140.0 i
-......
,
~
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Page~ {II.
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been
authorized and appfoved by By-law No. 91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
REQUIREMENTS OF OTHER AGENCIES
MINISTRY OF NATURAL RESOURCES
Prior to the commencement of any grading or construction on the site, the Owner
shall submit for the review and approval of the Ministry of Natural Resources, a Site
Drainage and Soil Erosion Control Plan that shows all proposed surface drainage works and
describes the means to minimize on-site erosion and sedimentation of Soper Creek, both
during and after grading and construction.
Tbe Ownef shall implement the Lot Grading, Site Drainage and Efosion Control
Plans for the site as requifed by Condition 13 of the Commissionefs approval of draft Plan
of Subdivision 18T-88024 as amended on Apfil 31st, 1989 and contained in Schedule "S"
hereto.
Tbe Owner shall not dam, dredge or alter the tributary of Sopef Creek adjacent to
Bradshaw Street without prior written approval being given by the Ministry of Natural
Resources.
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Page~( I~
SCHEDULE "W"
THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been
authorized and approved by By-law No. .91-11 of the Corporation of the Town of Newcastle,
enacted and passed on the 28th day of January, 1991.
ARCHITECfURAL CONTROL STANDMIDS
All dwellings to be efected 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 pfoducts
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 requife full height masonry products on all elevations.
2. COWURS:
(a) COlOUfS of bricks, siding, roofs and trims must be compatible and in harmony such
as earthtone range, pastel range, grey/black range etc.
(b) Whefe 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 SlYLES:
(a) Any two (2) dwellings abutting each othef must exhibit a minimum of twenty-five
(25%) percent exterior variations in elevations or colour schedule.
(b) Dwellings of identical elevation and/or colour schedule must be sepafated by a
minimum of four (4) lots.
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(c) Dwellings which mimic the influence of a particular architectural influence (eg.
Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting
the same architectural influence.
4. OTHERS:
(a) All metal roof vents and stacks must be located in the rear slope of roofs and must
be painted to match the roof colour if exposed to public view.
(b) All dwellings must carry brick veneefS 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 afofementioned 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.
,"