HomeMy WebLinkAbout91-91
DN: VELTRI. BL
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-~
being a By-law to authorize the entering into an Agreement with
VELTRI AND SONS CO~ORATION and the Corporation of the Town of
Newcastle for the development of Plan of Subdivision 18T 89017.
The Council of the Corporation of the Town of Newcastle hereby
enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with
the Corporatio~ ' s seal, an Agreement between VELTRI AND SONS
CORPORATION and the said Corporation in respect of Plan of
Subdivision 18T-89017.
2. THAT the Mayor and Clerk are hereby authorized to accept, on
behalf of the Town, the said conveyances of lands required pursuant
to the aforesaid Agrement.
3. Schedule "A" attached hereto shall form part of this By-law.
BY-LAW read a first time this 10th
1991.
day of
June
BY-LAW read a second time this 10th
1991.
day 0 f June
BY-LAW read a third time and finally passed this 10th
of June 1991.
day
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(ACTING) ~YOR
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DYE & DURHAM CO. LIMITED
Form No. 985
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I-~ Province
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~ Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
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(1) Registry 0
(3) Property
ldentlfler(s)
Land Titles !Xl T (2) Page 1 of ti' <) pages
Block Property
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Additional:
See 0
Schedule
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(4) Nature of Document
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Notice or Subdivision Agreement (Section 74 or the Act)
(5) consideration
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Dollars $
New Property Identifiers
Additional:
See 0
Schedule
(6) f~on ( 4 o-V ...... ...-... < 7 (t')
Parcell' -1, Section (' <::> ..., . 2.. /' ,being lots 2, 3, 3A
7 and 13 on Block I on C.G. Hannings' Plan being
part of lot 11 on Concession 2, Geographic Township
of Darlington, Town of Newcastle, Regional
Municipality of Durham designated as Part 1 on Plan
10R-3854
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Executions
Additional:
See
Schedule
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(7) This
Document
Contains:
(8) Redescription
New Easement
PlanlSketch
i (b) Schedule for:
! Additional
O! Description 0 Parties D Other 0
:
(8) This Document provides as follows:
The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in the
land registered in the name of Veltri and Sons Corporation as Parceltt- 3, Section [" ~ ..2..., ("., ............<~/l<'
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.
( (9) This Document relates to Instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0
Signature(s) Date of Signature
Y M 0
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. . . . . .~. . . . ~ . . . . . . . . . .'. -. .--. . . . . . . '. . . :,:1991. ! ~ .' .:. . ~
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Nicholas T. Macos i! i
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, . . THE. CORPORATION OF.THE TOWN. . . . . . . . .
OF NEWCASTLE by it solicitors
, . . SHIBLEY RIGHTON per. Niellelas. . . . . . . . . . . . .
T. Macos
(11) Address
for Service
40 Temner~nt"p. .....
(12) Party(les) (Set out Status or Interest)
Name(s)
.....
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Signature(s)
Date of Signature
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Address
for Service
(14) Municipal Address of Property
(15) Document Prepared by:
t I! Fees and Tax
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Shibley Righton
Barristers & Solicitors
Suite 1800
401 Bay Street
Toronto, Ontario M5H 2Z1
Attn: Nicholas T. Macos
10174 (12/84) .
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THIS AGREEMENT made in Quintuplicate as of this
day of oct.ober1991.
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
OF THE FIRST PART
- and -
VELTRI AND SONS CORPORATION.
OF, THE SECOND PART
. and .
JE.FFRON INVESTMENTS LIMITED AND SIBLE QSINGA
OF THE THIRD PART
SUB D I V I S ION . A. G R E E MEN T
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ARTICLE 1
1.1
1.2
ARTICLE 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.1Z
2.13
2.14
2.15
2.16
ARTICLE 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
INDEX
INTERPRE?"ATION AND SCHEDULES
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedules . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recitals in Operative Part of Agreement
Certification of Ownership
Copy of Plan and Agreements Required
Transfer of Easements
Transfer of Lands ...............
Registration of Transfers
Postponement of Mortgage
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lands for School Purposes ..................................
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 O'WDer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Successors .........
. . . . . . .
. . . . . . .
. . . . . . . . . . . . . . . . . . .
. FINANCIAL . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of Taxes ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of Local Improvement Charges ........................
Payment of Drainage Charges ........... . . . . . . . . . . . . . . . . . . . . .
Payment of Development Levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cash in Lieu or 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 ..........................................
Page 3
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25
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3.16
Oc~upanc:y Permit Deposit
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ARTICLE 4 -' PIANNING ..............................................
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.U
Tree Preservation Plan .....................................
Landscaping Plan and Landscaping Requirements . . . . . . . . . . . . . . . . .
Use' or Lallds ..'........ '.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lands Unsuitable for Building
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land Requiring Site Plan ...................................
Requirements for Building Permits ............................
Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Architectural Control Standards ..............................
Requirements for Sale of Lands ..............................
Requirements for Occupancy Permit ...........................
Cash in Lieu of Lands for Park or Other Public Recreational Purposes
Special Conditions ........................................
ARTICLE S. PUBLIC WORKS .........................................
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.U
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
Town Works Required
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities and Senices Required ...............................
Owner's Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Design of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Engineering Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Grading and Drainage Plan ........................
Not Used ...............................................
Approval Ol~ Schedule of Works ...............................
Approval of Works Cost Estimates and Stage Cost Estimates .........
Requirements for Authorization to Commence Works . . . . . . . . . . . . . . .
Not Used ...............................................
Inspection and Stop Work ..................................
Construction in Accordance with Engineering Drawings .............
Sequence of Construction of Works ............................
Completion Time for Construction of Works .....................
Minor Additional Work ....................................
Incomplete or Faulty Works and Liens .........................
Entry for Emergency Repairs ................................
Damage to Existing Senices .................................
Damage to Neighbouring Wells ...............................
Use or Works by To'Wll .....................................
Maintenance of Roads after Completion ........................
Requirements for Certificate of Completion ......................
Requirements for Certificate of Acceptance .......................
Page 4
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51
Page 5
5.25 Ownership of Works by Town ................................ 51
5.26 Requirements for Certificate of Release ......................... 51
5.27 External and/or Oversized Services . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
5.28 Financial Contributions for Certain External Works ............... 55
ARTICLE 6 - COMPLIANCE WITH REGULATIONS ..... 0 . . . . . . . . . . . . . . . . .. 56
ARTICLE 7 - RESPONSIBILIlY OF SUBSEQUENT OWNERS
. . . . . . . . . . . . . . .
56
ARTICLE 8 - TIME OF ESSENCE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S6
ARTICLE 9 - AUTHORIlY TO MAKE AGREEMENT ..................... 56
SCHEDULES
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
"Legal Description of the Lands"
"Plan of Subdivision " (reduction)
"Charges Against the Lands"
"Development Levies"
"Transfers of Easements"
"Lands to be Transferred to Town and/or Cash
to be Paid in Lieu Thereof"
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Not Used"
"Oversized and/or External Servicesll
"Financial Contributions for Certain External
Works"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
"Tree Preservation Plan" (reduction)
"Landscaping Plan" (reduction)
"Not Used"
"Architectural Control Standards"
Schedule "G"
Schedule lIH"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule 110"
Schedule "P"
Schedule liP_I"
Schedule "Q"
Schedule fiR"
Schedule "S"
Schedule "T'
Schedule "U"
Schedule "V"
Schedule "W"
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b
THIS A(;RBEMENT made in quintllplicateas of this
day of August, 1991.
BET W EE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the "Town")
OF THE FIRST PART
. and .
VELTRi AND SONS CORPORATION
. (hereinafter called the "Owner')
OF THE SECOND PART
. and .
JEFFRON INVESTMENTS LIMITED AND SIBLE OSINGA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS
A The lands owned by the Owner wbich are affected by this Agreement are
described in Schedule I/AIf hereto (the "Lands"Y
B The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute;
C The Owner represents and warrants that the Mortgagee is the only mortgagee
or chargee of the Lands;
D The Owner has recei"ed the approval of the Regional Municipality of
Durham, (hereinafter called the "Region") draft Plan of Subdivision 18T-89017 of the Lands
subject to compliance with certain conditions thereto including the making of Subdivision
Agreements with the Region and the Town, respectively;
"
Page l 7
E The Owner has applied tQ the Region for approval of a final Plan of
Subdivision of the Lands and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
F The Owner represents and warrants that it has or will enter into an
Agreement With the. appropriate Public Utilities 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 ''If' and hereinafter called the "Utilities and
Services";
GThe Owner representS arid 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 condit~ons of approval by the Region of draft Plan of Subdivision
18T-89017;
H This Agreement is made pursuant to the provisions of Subsection 50(6) of the
Planning Act, 1983 and is authorized by By-law 91..91 passed on June 10th, 1991;
NOW THEREFORE WITNESSETH THAT in consideration of the premises
and the covenants hereinafter expre~Sed, and the sum of two ($2.00) dollars of lawful money
of Canada, now paid by each party to the othel's(thereceipt whereof by each Party is
hereby acknowledged), the Parties hereto covenant and agree to and with each other as
follows:
ARTICLE t - INT~RPR,ETATION .'\ND S~HEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Act" bas the meaning assigned to it in paragraphs 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 cpvered by this. Agreement.
(c) "Authorization. to Commence Works" has the meaning assigned to it
in paragraph 5.10 of this Agreement. .
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(d) "Benefiting Area": has the meaning assigned to it in paragraph 5.27(3)
of this Agreement..
(e) "Certificate of Acceptance" has the meaning8:Ssigned to it in paragraph
5.24 of this Agreement;
(t) "Certificate of Coinptetionil bas the meaning assigned to it in paragraph
5.23 of this Agreement
(g) . "Certificate of Release". has the meaning assigned to it in paragraph
5.26 of this Agreement
(h) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(i) "Cost Sharing Report" means the "Cost Sharing Report" referred to
in Schedule "G" of this Agreement.
(j) "Council" means the Council of The Corporation of the Town of
Newcastle.
(k) "Damaged Services" has the meaning assigned to it in paragraph 5.19
of this Agreement~
(1) "Designated Areas" has the meaning assigned to it in paragraph 5.27(4)
of this Agreement.
(m) "Development Charge By-Law" has the meaning assigned to it in
paragraph 3.4(2) of this Agreement.
(n) "Development Levies" has the meaning assigned to it in Schedule "D"
of this Agreement.
(0) "Director" means the Director of Public Works of the Town of
Newcastle or. his designated representative.
(p) "Director of Community Services" means the Director of Community
Services of the Town of Newcastle or his designated representative.
(q) "Directur of Planning" means the Director of. Planning and
Development of the Town of Newcastle or his designated
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representative.
(r) "Engineering. Drawings" bas the meaning assigned to it in paragraph
5.5 of tbis Agreement.
(s) "External and/or Oversized Services" has the meaning assigned to it
in paragraph 5.27(1) of this Agreement.
(t) "Front-Ending Agreement" has the meaning assigned to it in paragraph
5.27(3) of this Agreement.
(u) "Grading and Drainage Plan" has the meaning assigned to it in
paragraph 5.6 of this Agreement.
(v) "Hydrogeologist" bas the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(w) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(x) "Land Registry Office" has the meaning assigned to in Schedule "A"
of th~s Agreement. .
(y) "Landscaping Plantlhas the meaning assigned to it in paragraph 4.2(2)
of this Agreement.
(z) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(aa) "Minister" means the Minister of Municipal Affairs, Ontario.
(bb) "Monitoring Program" has . the meaning assigned to it in paragraph
5.20( 1) of this Agreement.
(cc) "Net Capital Cost" has the meaning assigned to it in paragraph 5.27(5)
of this Agreement. .
(dd) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1)
of this Agreement.
(ee) "Occupancy Permit Deposit" has the meaning assigned to it in
paragraph 3.16(1) of this Agreement.
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(if) "Occupancy Permit Scale" has the meaning assigned to it in paragraph
3.16(2) of this Agreement.
(gg) "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.
(hh) "Owner's Engineer" means a professional Civil Engineer, registered
by the Association of Professional Engineer of Ontario.
(ii) "Performance Guarantee" has the meaning assigned to it in paragraph
3.6 of this Agreement.
(jj) "Property Frontage Charges" has the meaning assigned to it in
paragraph 5.27(4) of this Agreement.
(kk) "Reapproved Engineering Drawings" has the meaning assigned to it
in paragraph 5.5 of this Agreement.
(11) "Reapproved Grading and Drainage Plan" has the meaning assigned
to it in paragraph 5.6 of this Agreement.
(mm) "Region" shall mean the Corporation of the Regional Municipality of
Durham.
(nn) "Reconstruction Work" has the meaning assigned to it in Schedule "G"
of this Agreement.
(00) "Schedule of Works" has the meaning assigned to it in paragraph 5.8
of this Agreement.
(Pp) "Security for the Maintenance Guarantee" has the meaning assigned
to it in paragraph 3.10(2) of this Agreement.
(qq) "Services" has the meaning assigned to it in paragraph 5.27(5) of this
Agreement.
(rr) "Solicitor" means the Solicitor of the Town.
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(ss) "Soper Creek West Branch Drainage Outfall System" has the meaning
assigned to it in paragraph 4.12(3) of this Agreement.
(tt) "Storm Sewer System" has the meaning assigned to it in Schedule "G"
of this Agreement. .
(uu) "Storm Sewer Work" has the meaning assigned to it in Schedule "P" of
this Agreement.
(vv) "10M Plan" has the meaning assigned to it in paragraph 2.3 of this
Agreement.
. (ww) ''Town'' means The Corporation of the Town of Newcastle or any
official, designated by Council to administer the terms of this
Agreement.
(xx) ''Treasurer'' means the Treasurer of the Town of Newcastle or his
designated representative.
(yy) "Utilities and S~rvices" means the utilities and services referred to in
Schedule ''a''. of this Agreement.
(zz) "Works" has the ineaning assigned to it in paragraph 5.1 of this
Agreement.
(aaa) "Works Cos.t Estimates" has the meaning assigned to it in paragraph
5.9 of this Agreement.
(2) Whether or not it so provides explicitly, every provision of this
Agreement by which the Owner is required to undertake any action shall be
deemed to include the words "at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement,
tbe singular includes the plural and the masculine includes the feminine.
1.2 Scbedules
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:
Pagel! I Z.
Schedule "A"
Schedule "B"
Schedule tIC'
Schedule "D"
Schedule "E"
Schedule "F'
"Legal Description of the Lands"
"Plan of Subdivision" (reduction)
"Charges Against the Lands"
"Development Levies"
'Transfers of Easements"
"Lands to be Transferred to Town and/or Cash
to be Paid in Ueu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Not Used"
"Oversized and/or External Services"
"Financial Contributions for Certain External
Works"
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
'Tree Preservation Plan" (reduction)
"Landscaping Plan" (reduction)
"Not Used"
"Architectural Control Standards"
Schedule "0"
Schedule "H"
Schedule "I"
Schedule "]"
Schedule "K"
Schedule "L"
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"
ARTICL~ 2. . (iENERAL
2.1 Recitals in Operative Part of Ap'eement
The Owner represents and warrants to the Town that each of Recitals A to
o of this Agreement is correct.
2.2 Certification of Qwnership
(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 s3.Id 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
tbe Town witb a letter ,signed by an Ontario Solicitor and addressed to the
Towncertifying'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 tbis Agreement.
2.3 CQP.I of Plan and ~ments Jl~gJlJred
On the execution of this Agreement, the Owner shall provide the Town with
as many copies as the ToWn i~quires 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 dra(t final Plan of Subdivision as proposed by the Owner (the
ItlOMPlanlt is contained in Schedule ItBIt attached hereto. The Owner shall also
furnish to the Town atthe time' of the execution of this Agreement, one (1) copy of
~e final Plan of Subdivision Which has marked on it the stamp of approval of the
Regi(i)n, 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 the 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) haveIlot p~en, executed at the time of the execution of this
Agreement, the Owner shall provide the Town with one (1) copy of each such
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Agreement(s) immediately after each such Agreement(s) is executed by the Parties
thereto.
2.4 'J'raDsfer of t:asements
(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 ItE" and shall pay to the, Town in cash or by certified cheque the
amount which is equal to ~y taX, fee or cost payable at the time of or in
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respect af the registratio.n()fs~ch transfers against the title to. the lands to.
which' they apply. Such tf~rssball be free and clear af all encumbrances
and. restrictians, shall be made. fo.f a naminal consideratian, shall cantain
provisio.ns satisfactory to. the Town's Solicitor, and shall be in registerable
farm.
(2) If, subsequent to the date ofregistratio.n of any Plan Df SubdivisiDn Df
the4nds or a Plan(s) of Subdivisio.n o.fanypart(s)thereo.f, but priar to. the
issuance af a building permit(s) far building(s) pro.pased to. be canstructed an
a particular IDt(S) Dr block(s), in the opinio.n af the DirectDr further
easement(s) in such lat(s) .ar black(s) are required to. be transferred to. the
Tawn, the RegiDn af Durham; the Newcastle Hydra-Electric Cammissian or
other appropriate autharity o.r company for Town purposes, Region of
Durham purposesar far .tldlities and Services, as .the case may be, or for
drainage purpases, the Owner agre.es to. transfer to. the Town, the Region of
Durham, the Newcastle Hydra-Electric CommissianDr ather apprapriate
autharity or campany, as the case may be, such further easement(s) farthwith
after a written request to. do. sa is given to. it by the Directar. Natwithstanding
the foregaing, the Director shall nat request such further easement(s), if its
creatio.n would prevent the erectio.no.f a dwelling on any part af a lat(s) or
block(s) shawn an the Plan.. If further easements are requested to. be
transferred to. theTawn, the Regianal Durham, the Newcastle Hydro-Electric
CammissiDn, af ather appro.priateautharity ar company, as the case may be,
the pravisians of paragraph 2.4(1) shall apply with all necessary changes to.
it being cansidered to. .have been made to. give effect to. the intent af this
paragraph 2.4(2).
2.5 'Transfer or Lands
On the date afexecutian af this Agreement, the Owner shall deliver to. the
TDwn ex~cuted transfer~, sufficient to. vest in lhe Tawn title in fee simple absalute
free and clear af all encumbraJlces and restrlctians,af the lands set aut in Schedule
"F' hereto. and shall i'ay to the Tawn in caSh ar by certified cheque an amaunt af
money which is equal to. any tax, fee, o.r cost payable at the time af ar in respect af
the registratio.n Df such transfers against the title to. the lands to. which they apply.
All transfers referred to. in this' paragraph 2.5 shall co.ntain pravisiDns to. the
satisfactio.n o.f the To.wn's Salicitar, shall be made far a no.minal co.nsideratio.n, and
shall be in a registerable farm.
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2.6 Re&i.tratlqn.. or Trapst~rs
The transfers of easemeJ1ts and lands referre4 to in paragraphs 2.4 and 2.5
shalF be prepared by tlie.Owrier andsh~l 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
Land$ when the Plan is. approved and registered against title, the registered number
of the Plan shall be left blank and the Owner hereby authorizes the Town to insert
such Plan number after registration of the Plan.
2.7 fostfOIlemeDt ()f Moi1;Ca. .
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. In the event that (1) the Mortgagee obtains an order of
foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes
possession of the". Lands, or (3) the Lands are sold after default ocCUrs under the
Mortgage, the Lands shall not be used or developed by any person otherwise than
in conformity with the provisions. of this Agreement. In order to give further
assurance to the Town, the Mortgagee at its cost shall execute a separate
Postponement Agreement containing terms satisfactory to the Town's Solicitor
forthwith after being requested to do so by notice given in writing to the Mortgagee
and to deliver to the Town.
2.8 ~8;Jlcfs (or Seho91 Pul1)oses .
(1) On or prior to the execut~oB of this Agreement, the Owner shall
deposit with the Town, a letter from each and every School Board having
jurisdiction over the s8ld Lands stating that arrangements satisfactory to each
and every School Board have been made respecting the acquisition of any
lands. necessary for school purposes to serve the said Lands.
(2) In the event that any School Board which has an option to acquire any
lot(s)or .block(s) compnsing part of the Lands does not exercise its option,
. forthwith after such School Board fails to exercise such option, the Owner
shall give notice to the Town in writing that the School Board has not
exercised its option. The Owner hereby grants to the Town an irrevocable
option to acquire such lot(s) or block(s) on the same terms and conditions
including, without limiting the generality of the foregoing, the consideration
to be paid to the Owner, as the School Board could have acquired such lot(s)
or block(s) by exercising its option as aforesaid, except that the Town shall
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exercise the optio.,. hereby granted by giving written notice to the Owner prior
to the expiry of sixty (60) days after tbe Town receives the aforesaid notice
from the Owner that.the School Board has failed to exercise its option. The
purchase of the lot(s) or block(s) in question by the Town shall be completed
within ninety (90) days after the exercise of the Town's option as aforesaid.
2.9 Charae on '.ands
The Owner hereby. charges all its interest in the 4nds with the obligations
set out in this Agreement.
2.10 Re&i_tratiQnof Ap'ee"ell1
The Owner and the. Mortgagee hereby consent tp the registration of tbis
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Agreement or a notice thereof against the title to the Lands; Neither the Owner nor
the Mortgagee will register,pennit or suffer' any person to register any instrument
after the registration of the fhUll Plan of Subdivision.against the title to the Lands
unless this Agreement and any transfers or other documents required to be furnished
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hereunder have first been registered against the title to the Lands or the appropriate
portiones) thereof, as the case may be. Wjthout derogating from the foregoing, the
Owner and the Mortgagee also hereby consent to the registration of an inhibiting
order(s) against the title to the Lands or the relevant portiones) thereof as the case
may be, in order to give further effect to the foregoing.
2.11 J{eneg:otiation and Amendment of ~ltJent
(1) Following the occurrence of any of the events set out below in this
paragraph 2.11 (the "Renegotiatipn 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
wbich such notiee 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 sucbwritten notice until the specified provisions of
this Agreement have been renegotiated and any necessary amendment(s)
made to this AgrcemeI;lt. The Renegotiation Events are the following:
(i) tbe Region, the Minister, or the Ontario Municipal Board approves a
final Plan of Sub~ivision for the said Lands which the Town considers
to be substantiallydifferent~om the 10M Plan proposed by the Owner;
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(ii) the finalPlAA of Subdi~ion is not. approved by the Region and
registere~ . against the title to the Lands within eighteen (18) months
after the date as' of whi~h. this Agreement is. made;
(iii) either if a ~ubdiVision Agreement between the Owner and the Region
has not been' executed at the date as of which of this Agreement is
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. made, ori! such Subdivision Agreement betWeen the Owner and the
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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 tbe.Owner and the Region, in the opinion of the
Town, affect materially the location or sizing of any of the Works to
be supplied and. installed under the terms of this Agreement; or
(iv) construction or installation of any of the Works has not commenced
within two (2) years from the date of registration of the final Plan of
Subdivision of the Lands against the title to the Land.
Forthwith after the giving of written notice as aforesaid requiring the
renegotiation of specified provision(s) of this Agreement, the Owner and the
Town will renegotiate the same in good faith and with expedition. In the
event that the 'renegotiation has not been completed or has not resulted in
agreement by the Parties prior to the expiry of the twenty (20) day period
following the date on which the notice requiring the renegotiation is given as
aforesaid, at any time thereafter the Town may give the Owner written notice
declaring this Agreement to be terminated whereupon it shall terminate.
(2) On the termination of this Agreement by the Town declaring it to be
terminated in accordance with paragraph 2.11(1), none of the Parties hereto
may make any claim against the Town for damages for any loss or cost or
make any claim against the Town for compensation in respect of any of the
Works, whether loeatedin whole or in part on land in which the Town has
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an interest. Notwithstanding the foregoing, the Owner and the Town expressly
agree that the covenants and agreements contained in paragraphs 3.8, 3.14,
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5.17, 5.19, 5.20 and 521 and Article 6 of this Agreement will survive the
termination of th~s Agreement pursuant to paragraph 2.11 (2) and paragraphs
3.8, 3.14, 5.17, 5.19,5.20 and 5.21 and Article 60f this Agreement shall
coDtinue to bind the Owner and may be enforced by the Town in the same
IDaIlI1er and to the same extent, as if this Agreementhad not been terminated.
(3r 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
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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 Promptb'
Wherever the Town, th~ Town's Solicitor, the Town's Treasurer or any Town
pirector is required to take action pursuant to this Agreement, or is required to
make a deci~ion or render an opinion, or give confirmation or give authorization,
permission or approval, then. sucb actio~ decision, confirmation, autborization,
pemtission or approval shall be made promptly in all respects and the Town and its
offici~lls. shall act reasonably.
2.13 ~~.pment of Aareement
The Owner sballnot assign this. Agreement witboutprior written consent of
the Town. For greater certainty, . any assignment which is made contrary to this
pat:agtaph 2.13 does not relieve a subsequent Owner of the Lands of any of his
obligations under this Agreement.
2.14 ReplaceP1~nt of Dr@ft Plan with Final PI~n(s)
(1) The Parties hereto acknowledge that at the time of the execution of
this Agreement, only ared;'lined copy of draft Plan of Subdivision 18T-89017
has been approved by the Region. A copy of it is contained in Schedule "B"
hereto. All descripiionsin this Agreement and the Schedules hereto refer to
. the proposed lot(s) or :block(s) andstreet(s) shown on such red-lined draft
Plan of Subdivision. The 10M Plan proposed by the Owner is also contained
in Schedule liB".
(2) On a final Plan of Subdivision implementing Plan 18T -89017 approved
pursuant to the Planning Act, 1933 being registered against the title to any
one (1) or more portions of the Lands, the registered final Plan of Subdivision
shall be deemed to be substituted for the red. lined draft Plan of Subdivision
18T-89017 for the'purp9ses of this Agreement. All amendments necessary to
this Agreement shall.1:>e 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 lIBlI, "Ell, "F', "G", "N", "0", "P" and "Q",
in order to replace the descriptions and references to. the red.lined draft Plan
of Subdivision 18T.89017 with descriptions and references to and that are
consistent with such registered final Plan of Subdivision.
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2.15 Notll\~ation of Own~r .
If any notice or otller 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 fITst class prepaid post or delivered to:
The Owner: Veltri and Sons Corporation
68 King Stre.et East
Bowmanville. Ontario LtC 3X2
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 . Suc~s~rs
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 Pa)1J1ent of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all
municipal taxes outstanding against the Lands. as set out in Schedule "e" hereto. In
addition, the Owner shall pay any municipal taxes which may become due in respect
of the whole or anyone or more portions of the Lands after the date of execution
of this Agreement in accordance with the law.
3.2 ril)1J1ent of Local hnprqvement C~a~
Prior to the date of execution of. this Agreement,. the Owner shall pay all
charges with respect to local iniproyements 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. _
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3.3 Payment of Drainal:'e Char~es
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act, R.S.O. 1980, c.126, and the Tile
Drainage Act, R.S.O. 1980, c.500 against the Lands, as set out in Schedule "e'
hereto, including the commuted value of such charges falling due after the date of
execution of this Agreement.
3.4 Payment of Development Levies
(1) The Owner shall pay all "Development Levies" (as defined in Schedule
"0") in the amounts and at the times set out in Schedule "0" hereto. For
greater certainty, prior to the issuance of any building permit in respect of any
lot(s) or block(s) on the Lands, the Owner shall pay all remaining
Development Levies assessed against such lot(s) or block(s).
(2) Without derogating from paragraphs 5.27(5) and 5.28(2), the Parties
acknowledge and agree that none of the provisions of this Agreement
including but not limited to paragraphs 3.4(1), and Schedules "0", "0", "P" and
"P-l" are intended nor shall they be considered to have the effect of
exempting the Owner in whole or in part from., or making inapplicable to
the Owner, or making inapplicable in respect of the development of the
Lands, a development charge that after the date of this Agreement may be
imposed by the Town by passing a By-law (the "Development Charge By-
law") under the Development Charges Act, 1989 (the "Act"), and none of them
shall be used as a justification for or the basis of granting the Owner a credit
of any amount in determining the development charge payable by the Owner
under such By-law and Act. Further, without limiting the generality of the
foregoing, it is understood and agreed by the Parties, that the Owner's
agreement to pay Development Levies pursuant to paragraph 3.4(1) and
Schedule "0" in respect of the development of the Lands or any part thereof
is not intended by the Parties and shall not have the effect of limiting the
Owner's obligation to pay only that portion of a development charge otherwise
imposed by a Development Charge By-law which is not in excess of the
amount of the Development Levies on the date of issuance of any building
permit under the Ontario Building Code Act for a dwelling(s) proposed to be
constructed on the Lands that would have been payable under paragraph
3.4(1) and Schedule "0" if the Town had not passed a Development Charge
By-law.
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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 "Ft hereto.
3.6 Perfonnance Guarantee Required
Prior to the date of issuance of any Authorization to Commence Work, the
Owner shall deposit with the Town, cash or an irrevocable and unconditional letter
of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable
to the Town's Treasurer, and containing terms satisfactory to the Town's Treasurer.
The deposit shall be in the amount which is required to secure to the Town the
performance by the Owner of its covenants contained in this Agreement to construct
and install the Works and the performance of the Owner's obligations under
paragraph 5.13(1). Such cash deposit or letter of credit shall be in an amount equal
to the "Works Cost Estimate" with respect to the Lands for the construction and
installation of the Works which either are the subject of an Authorization to
Commence Work or for the issuance of which an Authorization Application has been
made by the Owner. (The cash deposit(s) or letter(s) of credit which is (are) to be
deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this
Agreement are called the "Performance Guarantee".)
3.7 Use of Performance 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 hereinafter defined) may be appropriated by the Town for
the purposes set out in paragraph 4.12(3) 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 twenty-three ($23,000.00) dollars, being the amount so appropriated.
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3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from
and against all actions, claims, liabilities, losses, damages and expenses
including reasonable legal fees which arise by reason of or are caused in
whole or in part by the making and/or the implementation of this Agreement,
or the desi~ 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
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Schedule "A" or "B" of the Bank Act acceptable to the Town's Treasurer
which contains terms satisfactory to the Town's Treasurer (the "Security for
the Maintenance Guarantee"). The Security for the Maintenance Guarantee
shall be in an amount which is 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) includin~ 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.
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3.U Requirements for Release of Perfonnance Guarantee
(1) Prior to the release of tbe Performance Guarantee, in the discretion
of tbe Director, tbe amount of tbe Performance Guarantee may be reduced,
from time to time, to reflect the progress of completion of the Works and
other facilities and improvements wbicb are required to be constructed and
installed by the Owner. The maximum reduction tbat may be permitted to
be made by the Director is to an amount equal to tbe value of the
uncompleted Works and tbe 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.
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(c) The Town has received the as-built drawings for such Works from the Owner.
3.14 PQyment of Town's Costs
(1) On the execution of this Agreement the Owner shall reimburse the
Town for all reasonable, legal, planning, engineering and other technical
advice, and administrative expenses actually incurred for the preparation and
registration of this Agreement and the reasonable cost of all legal services
contemplated by the terms of this Agreement, which include the review of the
Performance Guarantee, the review of the Security for the Maintenance
Guarantee and the preparation of a Certificate(s) of Release, provided that
services have actually been performed for the Town.
(2) After the date of execution of this Agreement, forthwith after written
notice is given to the Owner containing reasonable particulars thereof, the
Owner shall reimburse 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 !own at the
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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 "Bit of the Bank Act acceptable to the Town's
Treasurer, in the amount often thousand ($10,000.00) dollars (the ItOccupancy
Permit Depositlt) to secure the performance of the Owner's covenant to the
Town that occupancy of any dwelling(s) on the Lands will not take place
before an "Occupancy Permit" (defined in paragraph 4.10) is issued by the
Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10.
The letter of credit shall contain terms satisfactory to the Town's Treasurer.
In the event that occupancy of dwelling(s) occurs before the date of issuance
of an Occupancy Permit contrary to the provisions of paragraph 4.10, the
Town may draw upon and appropriate from the Occupancy Permit Deposit
the amount necessary to permit the Town to comply with the requirements
of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the
event that the Town so appropriates the whole or any part of the Occupancy
Permit Deposit, forthwith after it is given written notice of the amount of the
appropriation, the Owner shall restore the Occupancy Permit Deposit to the
full amount of ten thousand ($10,000.00) dollars. The Occupancy Permit
Deposit or the unused portion thereof shall be returned to the Owner at such
time as the last dwelling which may be constructed on 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 ItB" 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
$10,000.00
$15,000.00
$20,000.00
J
I " ..
Page 27
251 to 500 lots
over 500 lots
$30,000.00
$50,000.00
The Owner agrees with the Town that the Town in its discretion may amend
its Occupancy Permit Scale from time to time.
ARTICLE 4 - PLANNING
4.1 Tree Preservation Plan
(1) Prior to the issuance of any Authorization to Commence Works the
Owner shall have obtained the written approval of the Director of Planning
of a plan for the preservation of trees on the said Lands (the "Tree
Preservation Plan") which shows:
(a) the location and approximate size of all existing trees over thirty point
five (30.5) em in circumference at one point five (1.5) m above the
ground; and
(b) the location of all existing trees referred to in subparagrapb (1) bereof
intended to be removed during the development of tbe said Lands.
(2) No work shall be done or caused or permitted to be done by tbe
Owner to remove, destroy or damage any tree existing at tbe date of tbis
Agreement. No existing tree sball be removed until the Tree Preservation
Plan is approved by the Director of Planning and tbereafter an existing tree
may be removed only if permitted by the Tree Preservation Plan. The Owner
agrees to comply witb the approved Tree Preservation Plan. In tbe event that
any tree required to be preserved by tbe approved Tree Preservation Plan is
removed, destroyed or damaged, the Owner at its expense shall replace tbat
tree with a tree of a beight, calliper and species as determined by the Director
of Planning in bis discretion.
(3) The Parties acknowledge that the approved Tree Preservation Plan for
the purposes of tbis Agreement is the Tree Preservation Plan contained in
Schedule'T'.
I
". .. ~ '. , ;
Page 28
4.2 Landscapina: Plan and Landscapina: Requirements
(1) Prior to the issuance of any Authorization to Commence Works on the
Lands, the Owner shall obtain tbe written approval of the Director of
Planning and the Director of Public Works to a "Landscaping Plan" (as
hereinafter defined) for such Phase.
(2) Prior to the execution of this Agreement, the Owner shall retain a
qualified landscape architect acceptable to the Director of Planning and the
Director of Public Works. The landscape architect shall prepare a draft
Landscaping Plan showing, 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 a1110ts 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(4).
(c) all trees shall be a minimum of three point five (3.5) m in height and
six (6) cm in calliper, staked and bagged;
(d) screen planting and fencing shall be provided between residential uses
and other uses in accordance with the Town's landscaping design
criteria and the relevant Landscaping Plan;
(e) fencing shall have a minimUID height of one point eight (1.8) metres.
Chain-link fencing is not permitted except in areas abutting walkways
I
"c'", :.. "
Page 29
and then only in accordance with the Town's landscaping design criteria
and the relevant Landscaping Plan; and
(f) where wood fencing is proposed, it must be constructed either of
pressure treated wood or wood of equivalent longevity in the opinion
of the Director of Planning.
l.
(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 or 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(8) or block(s) set out in Schedule "N" in a condition acceptable to the Director
of Planning.
Page 30
4.5 Land Requirin~ Site Plan
The Owner shall not make or cause or suffer any person(s) to make an
application for a building permit in respect of any lot(s) or block(s) within the Plan
which are set out in Schedule "0" until the Owner has entered into a Site Plan
Agreement with the Town respecting the development of such 10t(s) or block(s)
under Section 40 of the Planning Act, 1983, provided that any application for a
building permit shall comply in all respects with the terms of the said Site Plan
Agreement and all applicable laws.
4.6 Requirements for Buildina 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
lot(s) or block(s) in respect of which an application for a building permit(s)
is made, have been transferred to the appropriate person as required by this
Agreement;
(b) all the roads which are required to be constructed to provide access to the
proposed building in accordance with this Agreement, have been constructed
at least to the completed base course of asphalt, and the Director has given
the Owner his written approval of them as being sufficient to provide in his
opinion adequate access to the proposed building(s);
(c) all of the Works required to be constructed and installed under road(s)
referred to in paragraph 4.6(b) have been constructed and installed to the
satisfaction of the Director;
(d) all of the Utilities and Services required to be constructed and installed
pursuant to Schedule "H" have been constructed and installed and have been
Page 31
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 confrrmation 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 appropriate Land Registry
Office);
(f) the Development Levies required to be paid by the Owner to tbe Town
pursuant to paragrapb 3.4 and Schedule "0" have been paid in respect of the
lot(s) or block(s) for whicb application is made for a building permit;
(g) tbe Owner bas deposited with the Town the Occupancy Permit Deposit as
required by paragraph 3.16 of this Agreement and it is in good standing;
(h) if the application for a building permit is for a building proposed to be
constructed on any lot(s) or block(s) set out in Schedule "N", tbe Owner has
satisfied the conditions with respect to the development of sucb 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
witb paragraph 4.5 of this Agreement.
G) the Performance Guarantee and in all cases required by this Agreement, the
Security for the Maintenance Guarantee provided for in this Agreement bave
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 Engine~r which demonstrates to tbe
satisfaction of the Director that tbe final grades of the 10t(s) or block(s) in
respect of which the application for a building permit(s) is made are
" '.
Page 32
appropriate for the building(s) proposed to be constructed thereon, the
grading of the lot(s) or block(s) in question and the proposed access thereto
conforms with the Grading and Drainage Plan approved by the Director for
the particular lot(s) or block(s) as well as with the Town's Design Criteria and
Standard Detail Drawings;
(1) the Owner has erected or caused to be erected a sign displaying all road(s),
10t(s) or block(s) within the Plan sufficient to illustrate the future housing
types and distribution, the location of any park, open space, school or
commercial blocks proposed on the said Lands, as well as all future uses for
lands which abut the said Lands as identified by an approved Official Plan,
Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft
Plan of Subdivision of such abutting lands;
(m) (i)
the Owner has constructed access routes to the subdivision in
satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario
Building Code and has installed all necessary watermains and hydrants
which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of
buildings 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;
(Hi) 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.
Page 33
4.7 Model Homes
(1) Notwithstanding tbe provisions ofparagrapb 4.6 oftbis Agreement, tbe
Owner may apply for building permit(s) for model home(s) to be used for
sales display purposes whicb it proposes to construct on not more than two
(2) lots within tbe registered Plan of Subdivision of the Lands, provided that:
(a) eacb such application is in conformity with all By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the
Development Levies provided for in this Agreement have been paid
to or deposited witb tbe Town as is required by law and this
Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot(s)
or block(s) is appropriate for the proposed model home(s) and that
such final grades are in compliance with the Grading and Drainage
Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and
4.6(n) of this Agreement.
(2) Prior to the date of issuance of any building permit for a model
home(s), the Owner shall obtain the approval of the Director of the proposed
access to the model home(s) in question. In each case, such access shall be
to the satisfaction of the Director and the Town's Fire Chief.
(3) Any model home(s) constructed on the Lands shall be used for sales
display purposes only and shall not be occupied for any residential purpose
until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement
have been complied with. 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
Page 34
home(s) on any part of the Lands prior to the day on whicb tbe watermains
and hydrants on the Lands or any part of them are fully serviced and
operational for fire protection purposes to the satisfaction of the Town's Fire
Chief, the construction and/or use of the model home(s) is entirely at the risk
of the Owner. The Owner shall save the Town harmless and indemnify the
Town from and against all actions, claims, liabilities, losses, damages and
expenses, including reasonable legal fees, which arise by reason of
construction and/or use of such model home(s), and the provisions of
paragraph 3.8(1) shall apply with all necessary changes to it being considered
to have been made to give effect to the intent of this paragraph 4.7(4).
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural Control Standards
as contained in Schedule "W' hereto.
4.9 Requirements for S31e of Lands
Without derogating from any other provision of this Agreement the Owner
shall not sell the Lands or anyone (1) or more portions of the Lands until each of
the following conditions is satisfied:
(a) the transfers of easements referred to in paragraph 2.4 have been registered
in accordance with paragraph 2.6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s)
shown on the Plan which is proposed to be sold, the Owner has obtained from
the prospective purchaser an enforceable covenant made directly with the
Town by which such purchaser agrees with the Town, that prior to the
issuance of a building permit for a building on the land in question, he will
deliver to the Town, the Newcastle Hydro-Electric Commission, other
authority and/or company, as the case may be, any transfers of easements as
in such lot(s) or block(s) which are required for Town, Region of Durham and
Utilities and Services or drainage purposes, as determined by the Director,
forthwith after written request by the Director therefor is given to the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or
bIock(s), a licence to permit the Owner and/or Town, to enter on the lot(s)
or bIock(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;
/
Page 35
(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 10t(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 paragraph 6 in respect of the
obligations of subsequent owners;
4.10 Requirements for Occupancy Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law
respecting the issuance of any permit authorizing or permitting the occupancy
of any building, the Owner shall not occupy or cause or permit any building
on the said Lands to be occupied without the written permission of the Town
(the "Occupancy Permit") having been given. In addition to satisfying the
other requirements of this Agreement, an Occupancy Permit shall not be
issued to any person for any building until the following requirements are
satisfied:
(a) all of the roads which are required to be constructed under this
Agreement, and which will provide access to such building, have
received the application 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
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Page 36
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) Notwithstanding the provisions of paragraph 4.10(1)(e), the Owner may
be issued a ''Temporary Occupancy Permit" to permit the occupancy of a
dwelling in the event the Owner establishes to the satisfaction of the Director
that it has not been able to comply with the requirements of paragraph
4.10(1)(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 (t) have
been satisfied. The Owner also shall provide to the Town the written
confirmation required by paragraphs 4.10(1)(e) within one (1) year from the
date of the commencement of the temporary occupancy of the dwelling
pursuant to a Temporary Occupancy Permit. Until such written certificate is
provided to the Town, the Town may retain the Occupancy Permit Deposit
provided for by paragraph 3.16 of this Agreement.
4.11 Cash in Lieu of Lands for Park or Other Public Recreational Purposes
On the execution of this Agreement, the Owner shall pay to the Town in cash
the amount of cash in lieu of the transfer of land to the Town for park and other
public recreational purposes set out in Schedule "F'.
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Page 37
4.12 Special Conditions
(1) During construction on the Lands the Owner shall maintain fire access
routes to the satisfaction of the Town's Fire Chief.
(2) In cases in which the well or private water supply of any person is
interfered with either as a result of the grading of, construction on, or the
development of the Lands or any portion of the Lands, or as a result of the
construction or installation of any of the Works, the Owner, at its cost, either
shall connect the affected person to the municipal water supply system or shall
provide a new well or private water system so that water supplied to the
affected person shall be of quality and quantity at least equal to the quality
and quantity of water enjoyed by the affected person prior to the interference.
(3) The Owner shall pay to the Town the Owner's share of the costs of the
Stormwater Management works on the West Branch of the Soper Creek for
which this development is tributary (the "Soper Creek West Branch Drainage
Outfall System") in accordance with this paragraph 4.12(3). These works are
described in the Master Drainage Plan for the West Branch of the Soper
Creek, prepared by Marshall Macklin Monoghan 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 Monoghan 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 completing 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 twenty-three
thousand ($23,000.00) 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 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(3).
Page 38
(4) Any deadends and/or open side ofroad(s) allowances created by draft
Plan shall be terminated in zero point three (0.3) metre reserve(s) which shall
be transferred to the Town. Paragraphs 2.5 and 2.6 apply in respect of such
transfers with all changes necessary being considered to have been made to
them and give effect to this paragraph 4.12(4).
(5) The Owner shall comply with the provisions of Schedule "Q" hereto -
Conservation Authority's Work.
ARTICLE 5. PUBLIC WORKS
5.1 Town Works Required
The Owner covenants and 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 (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~ Owne~sEn~n~r
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.
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Page 39
5.4 Desi~ 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 Drawings. In the
event of any dispute as to such requirements or their interpretation, the
dispute shall be resolved by the Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary
Engineering Drawings and obtain all approvals for the construction and
installation of the Works, as required by this Agreement.
(3) On the execution of this Agreement, the Owner, at its expense, shall
transfer to the Town any land or easements considered necessary in the
opinion of the Director to accommodate the construction, installation and
maintenance of the Works. For greater certainty, the Parties agree that the
provisions of paragraphs 2.4 and 2.6 shall apply in respect of any such
transfers of easements with all necessary changes to being considered to have
been made to give effect to the intent of this paragraph 5.4(3). Each transfer
of land shall be in fee simple absolute, and free and clear of all encumbrances
and restrictions. It shall be prepared by the Owner in registerable form and
be satisfactory to the Town's Solicitor. At the time of delivery of each
transfer of land to the Town, the Owner shall pay to the Town in cash or by
certified cheque an amount equal to any tax, fee or charges payable at the
time of or in respect of the registration of such transfer against title to the
lands to which it applies.
S.S Approval of En2ineerinl: Drawin2s
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.
)
Page 40
5.6 Approval of Gradine 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 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.
5.9 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.
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
,
Page 41
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:
(a) the final Plan of Subdivision of the Lands has been approved by the
Region pUi'Suant to the Planning Act, 1983;
(b) the final Plan of Subdivision of the Lands has been registered against
the title to the Lands;
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement
as registered against the title to the Lands; (2) a copy(s) of the
registered Plan of Subdivision of the Lands; and (3) a copy(s) of the
other Agreement( s) referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs
3.1, 3.2, 3.3, 3.4 and 5.28 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Town in
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands and paid
the required cash in accordance with paragraphs 2.5 and 4.11 of this
Agreement, and such transfers have been registered against the title
to the appropriate Lands;
(g) the Owner has delivered to the Town letters signed on behalf of the
Newcastle Hydro-Electric Commission, and/or other authority or
company having jurisdiction with respect to the Utilities and Services
that are referred to in Schedule "H" that satisfactory Agreement(s) have
been entered into by the Owner with them for the design, construction,
installation and services of the Utilities and Services as is required by
paragraph 5.2 of this Agreement;
(h) the Owner has retained an Engineer in compliance. with paragraph 5.3
of this Agreement and has confirmed the name and address of its
Engineer to the Director in writing;
I
Page 42
(1) tlir;; 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 approval of the Director of the
Schedule of Works as required by paragraph 5.8 of this Agreement;
(m) the Owner has received the written approval of the Director to the
Works Cost Estimates or the Stage Cost Estimates as required by
paragraph 5.9 of this Agreement;
(n) the Owner has deposited with the Town the Performance Guarantee
required by paragraph 3.4 and other provisions of this Agreement and
has made all cash payments to and deposited all letters of credit with
the Town as required by this Agreement;
(0) 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;
(p) the Owner has paid all costs required to be paid to the Town by
paragraph 3.14 of this Agreement on or prior to the date of issuance
of the Authorization to Commence Works;
(q) the Owner has made all payments to and deposited all letters of credit
with the Town in respect of the External and/or Oversized Services
that are required by paragraph 5.27 of this Agreement;
(r) the Owner has deposited with the Director the Certificate(s) of
Approval issued by the Ministry of the Environment with respect to the
watermain, sanitary and storm sewers for which Authorization to
Commence Works is sought;
Page 43
(8) prior to the commencement of site preparation of the Lands, including
rougb grading of road(s), the Owner bas obtained the Central Lake
Ontario Conservation Authority's approval of sediment control and
grading plans for the Lands and has deposited with the Director written
confirmation thereof.
(2) Notwitbstanding the provisions of paragraph 5.10(1), the Owner may
commence the construction and installation of the Works with the written
approval of the Director prior to the registration of tbe Plan of Subdivision
referred to in paragraph 5.10(1)(b), provided that the requirements of clauses
5.10(1)(d), (g), (h), (i), (j), (k), (1), (m), (n), (0), (P), (q), (r) and (s) have
been satisfied by the Owner. In such a case, however, a Certificate of
Acceptance of the Works, shall not be issued by the Director until a Plan of
Subdivision of the Lands has been registered against the title to the Lands and
all the other requirements of this Agreement respecting the issuance of a
Certificate of Acceptance have been satisfied. Notwithstanding the approval
of the Director under this paragraph 5.10(2), tbe Owner agrees with the Town
that the construction or installation of any of the Works pursuant to paragraph
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and
the Owner hereby waives any right that he might have to compensation by or
damages from the Town that he might otherwise have as a result of its
construction and installation of any of the Works.
5.11 Not Used
5.12 Inspection and Stop Work
The Owner shall ensure that every contract that may be made by the Owner
with any contractor to construct or install any of the Works shall provide tbat
employees or representatives of the Town may, at any time, inspect the work of such
contractor and shall require the contractor to comply with stop work orders given
by the Director pursuant to this paragraph 5.12. The Director, after consultation
with the Owner's Engineer, may give the Owner, if it does not retain a contractor,
or if it does, the Owner's contractor, a written order to stop any work that is being
undertaken if, in the Director's opinion, either the work is not being undertaken such
that a completed construction and installation of the Works satisfactory to the Town
in accordance with this Agreement will result, or if the Performance Guarantee
required to be provided pursuant to this Agreement in respect of the Works is not
maintained in good standing. The Owner and the Owner's contractor shall comply
with the stop work order forthwith on it being given by the Director.
Page 44
5.13 Construction in Accordance with Fillgi..r."'<>~n.g.J)rawin~
(1) The Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No deviation from the
Engineering Drawings is permitted unless such deviation is authorized in
writing by the Director before it is undertaken. All construction and
installation of the Works, shall be undertaken and carried out by the Owner
or by the Owner's contractor, as the case may be, in accordance with the
regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt,
mud and refuse until all Works contemplated by this Agreement including the
"Storm Sewer Work" (as hereinafter defined) have been completed. After the
expiry of twenty-four (24) hours following the giving of written notice
requiring the Owner to do so, if the Owner has not performed its obligations
under this paragraph 5.13(2), the Town may do so and deduct the reasonable
cost thereof from the Performance Guarantee. The Owner shall restore the
Performance Guarantee to the amount otherwise required by this Agreement,
forthwith after the Director gives the Owner written notice of the amount of
the deduction in question.
5.14 Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner
shall proceed in good faith to construct and install all of the Works referred to in
the Authorization to Commence Works continuously and in accordance with the
timing and sequence therefor set out in the Schedule of Works.
5.15 Completion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to
Commence Works, the Owner shall complete the construction and installation of all
of the Works authorized in such Authorization to Commence Works with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway
approaches, sodding and tree planting which may be completed later if done so in
accordance with the provisions of the Schedule of Works.
5.16 Minor Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto,
if in the opinion of the Director, any minor or incidental additional work is required
,......'.
Page 45
to provide for the adequate operation and functioning of any of the W orIes, the
Owner, at its cost, shall construct and install such additional facilities and perform
such additional work as the Director may request from time to time by written notice
given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) If, in the opinion of the Director, the Owner is not constructing and
installing or causing to be constructed or installed any of the Works required
by this Agreement so that it will be completed within the time specified for
such completion in the Schedule of Works, or if the Works are being
improperly constructed or installed, or if the Owner neglects or abandons the
said Works or any part of them before completion, or unreasonable delay
occurs in the execution of the same, or for any other reason the Works are
not being constructed or installed properly and promptly and in full
compliance with the provisions of this Agreement, or the Owner neglects or
refuses to reconstruct or reinstall any of the Works which may be rejected by
the Director as defective, deficient or unsuitable, or the Owner in the opinion
of the Director otherwise defaults in performance of this Agreement, then
in any such case after receiving the authority of the Town Council, the
Director may give the Owner notice in writing of such default, neglect, act or
omission. Following the later to occur of the expiry of ten (10) business days,
excluding Saturdays, after the giving of such notice and the expiry of sucb
additional period as may be specified in the notice given to the Owner by the
Director, tbe Town, at the cost and expense of the Owner, may employ a
contractor or such workmen and purchase such services, supplies and/or
services as in the opinion of the Director are required for the proper
completion of the Works in accordance with this Agreement. In cases of an
emergency, as determined by the Director in his discretion, any deficiency(s)
or defect(s) in the Works, or any failure to complete the Works in accordance
with this Agreement, may be corrected or remedied by the Town at the cost
and expense of the Owner without prior notice to the Owner, provided that
forthwith after the Town so acts, the Director shall give written notice to the
Owner describing the emergency, the action taken by the Director, and the
cost of correcting the deficiency or default in question. The cost of any work
which the Town undertakes under this paragraph 5.17(1) shall be determined
by the Director in his discretion and his decision shall be final. It is
understood and agreed by the Parties that the cost for which the Owner is
responsible under this paragraph 5.17(1) shall include a management fee to
the Town either of thirty (30%) percent of the contractor's charges to the
Town (including any charges for overhead and profit) or, if such work is
Page 46
undertaken by the Town, thirty (30%) percent of all costs incurred by the
Town to complete the Works in question. The Owner shall reimburse the
Town for the cost of all Works, and the cost of correcting or remedying all
deficiencies, defects and defaults pursuant to this paragraph 5.17(1) which
have been incurred by the Town forthwith after the Director gives the Owner
written demand for payment of such cost.
(2) In the event that any construction liens are filed under the Construction
lien Act, such filing(s) shall constitute a default in performance by the Owner
of this Agreement. In any such case, the Director may notify the Owner in
writing of such default. If the Owner fails to discharge the lien claimant
within ten (10) business days, excluding Saturdays, after the giving of such
notice, or within such further period of time as may be specified in the notice,
then the Town may pay the full amount of the claim and costs into a Court
of competent jurisdiction. The Town is hereby authorized by the Owner to
draw on and appropriate the whole or any 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.
5.18 Entry for Emer2en~y Repairs
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors
retained by the Town may enter on the said Lands for the purpose of making
emergency repairs to any of the Works. Such entry and repairs shall not be deemed
to be an acceptance of any of the Works by the Town, nor an assumption by the
Town of any responsibility or liability in connection therewith, or a release by the
Town of the Owner from any of its obligations under this Agreement.
5.19 Dama2e to Existin2 Services
Forthwith after written demand therefor is given by the Director to the
Owner, the Owner shall pay to or to the direction of the Town, the cost of repairing
any damage to any property or services of the Town, the Region, or any utility
I
Page 47
authority or company or (the "Damaged Services") including without limiting the
generality of the foregoing, any road(s), water, electrical, gas, telephone, cable
television and sewer systems, and the cost of relocating any Damaged Services,
caused by or resulting from the development of anyone (1) or more portions of the
Lands, or the construction or installation of any of the Works, provided that all such
repairs and or relocation(s) are completed to the satisfaction of the Director, the
Region and the relevant utility authority or company which owns or is responsible
for the Works, property or services in question. In addition, the Owner agrees with
the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in
the opinion of the Director will interfere with the use of the driveway in question,
forthwith after being given written notice by the Director requiring the Owner to
undertake such relocation.
5.20 Damaee to Neiehbourine Wells
(1) Prior to the commencement of and during the period of construction
or installation of the Works, the Owner shall cause to be carried out, at its
expense, the ground water monitoring program which has been approved by
the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program").
The Monitoring Program shall be prepared in draft form by a qualified
hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at
the Owner's expense, after the Hydrogeologist is first approved by the
Director. The draft Monitoring Program shall be submitted to the Director
for his consideration and approval. Mter the Monitoring Program has been
approved, it shall be implemented by the Hydrogeologist. The Monitoring
Program shall describe the number and location of the piezometric
observation wells which are to be installed by the Owner, and the frequency,
method of observation, method of collection and recording of data and the
timing, form and addressees of the report of the Hydrogeologist's analyses and
findings to the Town, as well as such other matters as the Director considers
to be appropriate. Mter the draft Monitoring Program has been approved
by the Director with or without such modification(s) as he may consider
appropriate, it is the "Monitoring Program" for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost,
shall cause the Hydrogeologist to provide the Director with a copy of all
reports prepared by him in connection with or in implementation of the
Monitoring Program forthwith after they are prepared. For the duration of
the Monitoring Program, the Owner also shall cause the Hydrogeologist to
I
" ',',,'..':
Page 48
make available to the Director, at no cost to the Town, forthwith after a
written request therefore is given to the Hydrogeologist by the Director, a
copy of all data collected and all analyses made in connection with or
implementation of the Monitoring Program. Forthwith following the
completion of the Monitoring Program, the Owner shall cause the
Hydrogeologist to provide to the Director, at no cost to the Town, a copy of
all data collected and all analyses and reports made by the Hydrogeologist in
connection with or in implementation of the Monitoring Program which
previously have not been provided to the Director pursuant to this paragraph
5.20(2), together with a certificate of the Hydrogeologist, in a form satisfactory
to the Town Solicitor that all the data, analyses and reports required to be
provided to the Director by this paragraph 5.20(2), have been provided to
him. In addition to the foregoing, the Owner shall cause the Hydrogeologist
to prepare separate reports, to the satisfaction of the Director for each and
every occurrence of apparent well interference caused by construction activity
within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If after considering a report thereon from the Director in this regard,
Town Council determines that the well or private water supply of any
person(s) outside the Lands is interfered with or dewatered as a result of the
construction or installation of the Works:
(a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and
within one (1) month of the completion of dewatering), in the opinion
of the Town Council, the Owner shall make available to the affected
Party(s), a temporary supply of water at no cost to the affected
Party(s); or
(b) where in the opinion of the Town Council the interference to a well
or private water supply is of a long term duration, at the option of
the Owner and at its cost, the Owner shall connect the affected Party's
property to the Town water supply system or provide a new well or
private water system for such affected Party(s) so that water supplied
to the affected Party's property shall be of a quality and quantity at
least equal to the quality and quantity of water enjoyed by the affected
Party{s) prior to the interference,
as may be required by the Town Council by written notice given to the
Owner.
l
.~
Page 49
(4) H the Director gives written notice to the Owner that he has reason
to believe that the well or private water supply of any person(s) outside the
Lands is interfered with or dewatered as a result of the construction or
installation of the Works, forthwith after such notice is given, the Owner shall
cause the quantity of potable water considered to be appropriate by the
Director to be supplied to the affected person(s) free of charge either until
such time as the Town Council, after considering a report thereon from the
Director, decides that the well or private water supply in question has not
been interfered with or dewatered as a result of the construction or
installation of the Works, or until such time as the Owner performs his
obligation under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by
the Town and such other person(s) who is (are) authorized by the Town for any of
the purposes for which the Works are designed, without interference by the Owner,
and without the payment of any fee or compensation to the Owner, and for such
purposes the Town and other person(s) authorized by the Town may enter upon the
portion(s) of the Lands on which the Works are located.
5.22 Maintenance of Roads after Completion
(1) In addition to any other requirement of this Agreement that the
Owner maintain the Works, if any building(s) on the said Lands is occupied,
the Owner, at the Owner's cost, shall maintain each road(s), which is required
to be constructed and provides access to such building(s) until a Certificate
of Acceptance has been issued for such road(s), and without limiting the
generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works,
Utilities and Services pursuant to this Agreement, provide and maintain
safe and adequate access to all occupied buildings; and
(c) erect a sign to indicate that the road(s) are "unassumed road(s)"
which the Town is not required by law to repair and maintain, to the
,
'..
Page 50
satisfaction of the Director.
(2) The Town agrees to snowplough and sand all paved road(s) shown on
the registered Plan of Subdivision of the Lands, for and on behalf of the
Owner until the Certificate of Acceptance of such road(s) has been issued,
provided that until the road(s) are assumed by the Town, the Owner shall pay
to the Town one hundred (100%) percent of the costs of snowploughing and
sanding such road(s), as determined by the Director, from time to time, and
forthwith after being given written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision
of repairs or maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2)
in respect of road(s), is not intended nor shall it in any way constitute or be
taken to constitute the approval or assumption by the Town of the road(s) in
question. The road(s) shall not be deemed to have been assumed until both
a Certificate of Acceptance has been issued, and a By-law has been passed
by Town Council dedicating the road(s) as public highway(s) and assuming
it for the purpose of liability to repair and maintain it as provided by the
Municipal Act, and such By-law has been registered in the proper Land
Registry Office.
5.23 Requirements for Certificate of Completion
The Owner acknowledges and agrees that the construction and installation of
any of the Works authorized in an Authorization to Commence Works shall not be
deemed to be completed for the purposes of this Agreement until the Director has
provided the Owner with written certificate that such is the case (the "Certificate of
Completion"). In addition to satisfying the other requirements of this Agreement
respecting its issuance, a Certificate of Completion shall not be issued until:
(a) such of the Works authorized by the Authorization to Commence Works for
which a Certificate of Completion is required, have been inspected by the
Director, and he is satisfied such Works have been constructed and installed
in accordance with the Engineering Drawings; and
(b) the Town is satisfied in respect of the construction and installation of all of
the Works authorized by such Authorization to Commence Works, that there
are no outstanding construction lien claims for payment by contractors,
subcontractors, suppliers of services or materials or workmen relating to the
construction and installation of such Works.
Page 51
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted, for the
purpose of this Agreement, until the Director has provided the Owner with written
certificate that they have been accepted by the Town, "the Certificate of Acceptance".
In addition to satisfying the other requirements of this Agreement respecting its
issuance, a Certificate of Acceptance shall not be issued until all of the Works that
are proposed to be covered by such Certificate of Acceptance have been inspected
by the Director and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval of the Director
for the relevant period set out in paragraph 3.10(3) of this Agreement, all
deficiencies and defects in the Works have been corrected by the Owner, and the
Works should be accepted by the Town.
5.25 Ownership of Works by Town
For greater certainty, the Owner acknowledges and agrees that the Town is
the Owner of all of the Works covered by a Certificate of Acceptance. The Owner
shall have no right or claim thereto, other than as an owner of land abutting a
highway in which such Works are installed.
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the
Owner with a written release (the "Certificate of Release") respecting the Lands, for
which a Plan of Subdivision has been registered. The Certificate of Release shall
be in a form suitable for registration or deposit in the proper Land Registry Office.
In addition to the Owner satisfying the other requirements of this Agreement
respecting the issuance of a Certificate of Release, the Certificate of Release shall
not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and
retained by the Owner at the Owner's expense has provided the Town
with written confirmation that at a date not earlier than the end of the
longest of the maintenance periods set out in paragraph 3.10(3) he has
found, placed or replaced all standard iron bars shown on the
Page 52
registered final Plan of Subdivision of the Lands and has found, placed
or replaced all survey monuments at all block comers, the end of all
curves, other than comer roundings, and all points of change in
direction or road(s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has
satisfied all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall opetate as a
discharge of the Owner in respect of the Lands or the portion thereof which are
described therein of the obligations of the Owner under this Agreement with the
exception of (1) the Owner's obligation respecting drainage as provided in this
Agreement; and (2) the Owner's covenant to comply with the requirements of this
Agreement in respect of applications for building permits for dwellings on the Lands.
5.27 External and/or Oversized Services
(1) The external and/or oversized services 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 Services".
It is defined and, subject to the other provisions of this paragraph 5.27, the
Owner's financial responsibility in respect thereof under the current Town
policy is described in Schedule "P" hereto. Upon completion of the External
and/or Oversized Services the "as-constructed costs" thereof shall be
determined by the Director. When written notice of the Director's
determination of the "as-constructed costs" 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 exercise of its legislative
discretion with regard to the enactment of a Development Charge By-law
pursuant to the Development Charges Act, 1989.
(3) The Owner, at its cost, will construct and install the Storm Sewer Work
in accordance with this Agreement. If:
Page 53
(0 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
(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 a term not to exceed ten (10) years from the later to occur
of the date of the issuance of a Certificate of Completion of the Storm Sewer
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 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 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 costs of the
Storm Sewer 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 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
,
.'" ',."1
Page 54
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 5.27(3) against the title
to the Lands or such portion thereof as may be determined by the Town in
its discretion.
(4) The Owner and the Town acknowledge that in accordance with the
Town's previous policy, but for the enactment of tbe Act, the Town would
bave covenanted in this Agreement to endeavour to collect the "Property
Frontage Charges" for the Storm Sewer Work set out in Schedule tip" from
owners of "Designated Areas" in respect of such Works (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 endeavour to collect the Property Frontage
Charges from the owners of the Designated Areas, and after collection 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 5.27
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
Agreement referred to in paragraph 5.27(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 Services. If a By-law to authorize the
making of such Front-Ending Agreement is not passed by the Town Council,
or 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
Front-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 paragraph 5.27(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
I
Page 55
available to the Town, in respect of the wbole or any part of tbe cost of
providing the External and/or Oversized Services that is so affected. 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 redu,~tion 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 Services or the provision of such Service has been
provided by the Owner, or such cost has 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.
5.28 Financial Contributions for Certain External Works
(1) . With respect to the "Soper Creek West Branch Drainage Outfall
System" (as defined in Schedule "P-1"), the Owner shall pay to the Town the
sum of twenty-three thousand ($23,000.00) dollars which shall be secured and
either paid to the Town in cash, or may be appropriated by the Town in
accordance with paragraph 4.12(3).
(2) If the Town passes a Development Charge By-law applicable to land
which includes the Lands which comes into effect, and the development
charge imposed thereby 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 of the development charge that the Owner or any
other person is required to pay in respect of the development of the whole
or any portion of the Lands, on the ground that (1) the Owner has covenanted
to make the payment of the sum referred to in paragraphs 4.12(3) and 5.28(1),
/
. ':,', . .\ ., ~ . :
Page 56
(2) the Owner has paid the aforesaid sum or the Town has appropriated it
(3) the amount that any other person who may benefit therefrom is required
to pay in respect of the costs of the "Soper Creek West Drainage Outfall
System" has or has not been included in the development charge imposed by
the By-law, or (4) the development charge should have been imposed in
respect of a different defined area of the Town or the whole Town.
ARTICLE 6 . COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement,
the Owner shall comply with all Provincial regulations of general application and all
by-laws of the Town and the Region.
ARTICLE 7 - RESPONSIBILITY OF SUBSEOUENT OWNERS
Mter 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 lot(s) or block(s) in accordance 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 4.5
"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 responsible for the maintenance of fencing required in Schedule
"0" of this Agreement.
ARTICLE 8 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter
into this Agreement, that every provision hereof is authorized by the law and is fully
enforceable by the Parties, and that this Agreement is made by the Town in reliance
on the acknowledgement and agreement of the Owner as aforesaid.
J
Page n ':J 7
. ,
.IN WITNESS WHEREOF ..theParties hereto have hereunto set their hands and
seals the day and year first abo.:ve written and .the corporate Parties hereto have hereunto
affixed the~ corporate seals by the'haIJ.ds of their proper officers duly authorized in that
behalf.
SIGNED, SEALED
AND DELIVERED
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In tbe presence of:
CORPORATION. OF.
TOWN.,", OF CASTLE
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ame: j\A, <<". ,'>>
Title;
Name: '
Title:
SIBLE OSINGA
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SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No.91-91 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991.
LEGAL DESCRIPTION OF LANDS
All and Singular that certain parcel of land and premises, situated, lying and
being in the Town of Newcastle and the Regional Municipality of Durham, and being
comprised of all of Lots 2, 3, 3A, 7 and 13 on Block 1 on C. G. Hannings Plan (being Part
of Lot 11 on Concession 2 of the Geographic Township of Darlington) designated as Part 1
and 2 on plan of survey deposited of record in the Land Registry Office for the Land Registry
Division of Newcastle (No. 10) (the "Land Registry Office") as 10R-3854.
1.:"
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SC{lEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law Np. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of June, 1991.
p~ OF SUBDMSION
(Insert reductions of Plan 18T-89017 and the 10M Plan)
PLAN OF SUBDIVISION
OF PMT OF LOTS 2, 3. 30'. 4. 7 AND 13. IIl.OCK I
ACCORDING TO C.G. IlAHN\IIIG'S PlA/II
lBEING PMT OF LOT It, CONCESSION 21
TOWN OF 8OWMANVILLE. 110. .. tllII
TOWN OF NEWCASTLE
REGIONAL ....NlClPALlTy OF DURHAM
SCALE - I ' 500
C.F FLIISCHllAIlN, OL.S.. 1990.
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SCI{EDULE. "e"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law N.o. 91.91 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of June, 1991.
CHARGES AGAINST LANDS
(.1) Municipal Taxes
(2) Local I1l1provement Charges
(3) Drainage Charges
(Paid prior to Execution)
(Paid prior to Execution)
(Paid prior to Execution)
- _._-~----------_.~--_._-_.~-_.."-,--_._.._-"-,.:'-_:'!
( ;.
SC$DULJ . "D"
. THIS SCHED'JLE IS SCHEDUlE "D" to the Agreement which has been
au~hQrlzed and . approved by By~law No. 91,,91 of the Corporation of the Town of Newcastle,
enacted and passed the lOtb day of June, 1991.
. UE~LOP~ENT . ~VIES
Without fettering in any way the ToWn Council in the exercise of its discretion
to pass a Development Charge By-law under the Development Charges Act, 1989 which
imposes a development charg~ as p~nnitted by that Act in respect of the development of
Lands in all or part of the Town incl~ding the Lands, after the date of this Agreement, the
Owner.agrees to p.ay to the Town am9unts of money (the "Development Levies") calculated
byappJyingtwo thousand, nine hundred and seventy-four ($2,974,00) dollars to each single
family dwelling.. and each semi-detached' dwelling and two thousand, seven hundred and
thirty ($2,730.00) dollars to each towrihouse dwelling which tlle Owner proposes to construct
on the Lands~ The Owner shall make the following payments on account of Development
Levies to the 'town in the aggregate sum of fifty"nine thousand '.four hundred and eighty
($$9,480.00) dollars in respeCt' of deyelopment of the Lands consisting of seventeen (17)
single family dwelling units; zero(O)~emi:-deta~hed dwelling units; zero (0) townhouse units
. . - .
on the occasions set out below~
(a) Twenty-five (25%}.perccnt of the aforesaid aggregate sum being fourteen
. .
thousand, eight hundred and seventy. ($ 14,870.(0) dollars on the execution of
this Agreement;
(b) Twenty-five (25%) percent of the aforesaid aggregate sum being fourteen
thousand, eight hundred and seventy ($14,870.00) dollars on the issuance of
the building permit for the first (1st) dwelling proposed to be constructed on
the Lands;
(c) Twenty-five (25%) percent of the aforesaid aggregate sum being fourteen
thousand, eight hundred and seventy ($14,870.00) dollars on the earlier to
occur of the r1l'st (lst) anniversary of the issuance of the building permit for
the first dwelling, and the date of issuance of the building permit for tbe
eleventh (11th) dwellingproposed to be constructed on the Lands; and
(d) The remainder of the. aforesaid aggregate sum being fourteen thousand, eight
hundred and ~venty ($.14,870.00) dollars on the earlier to occur of the expiry
of the twenty-four (24 ) month period following issuance of the building permit
for the first dwelling proposed to be constructed on the Lands and the date
of issuance of the building permitfor the sixteenth (16th) dwelling unit
proposed to be constructed on the Lands.
~J~~ __ _
(; y
.. 2..
Subject to the provisions of the Development Charges Act, 1989:
(a) The Town shall reviewits schedule of Development Levies annually and may
adjust the amount of the Development Levies herein in accordance therewith,
(b) The Owner hereby acknowledges and agrees to such annual adjustment and
further agrees that such adjusted Development Levies shall be applicable to
alllot(s) or block:(s) within the Plan for which Development Levies remain
dUe.
References in this Schedule"D". and in any other provision of this Agreement to
"DevelopmentLevies.. are to be construed to be references to the Development Levies
required to be paid by the Owner pursuant to paragraph .3.4 of this Agreement and this
Schedule "D". They are not to be construed to be or to include references to a
development cbarge that may be imposed by a Development Charge By-law passed by the
Town under the Development Charges Act, 1989.
(; <-;-"
~DULE "E"
THIS SCHEDULE IS SCHEJ:>Uqt "EWto the Agreement which has been
authorized and approved by By.;.law No~91-91 of the Corporation of the Town of Newcastle,
enacted and passed the lOthd~yof June, 1~91.
TRAN$FERS Q,' EA$EMENTS
(1) On the execution of this Agr~ement, the Owner shall deliver to the Town
transfers of an easement in Part lon the plan of survey deposited in the Land
. Registry Office as Plan 10R- '. for the purpose of the construction, operation,
repair, maintenance and replacement of the "Storm Sewer Work" (as hereafter
defined).
(2) Easements for the Storm Sewer Work shall be perpetual in duration,
The transfer shall be prepared by the Owner at its cost, shall be free and
dear of all encumbrances and restrictions, shall contain other provisions satisfactory
to the Town's Solicitor, shall be made for a nominal consideration, and shall be in
registrable form. Prior to the. registration of the transfer of such easement 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,
~&
SCIiEDULE lip"
THIS SCHEDULE 'IS . SCI:IEDULE "F' to the Agreement which has been
authorized and approved by By-law No. 91...91 of the Corporation of the Town of NewcHstle.
enacted and passed on the 10th day of June, 1991.
. ,
LAND$ TO BE TRANSFERRED .TO'TOWN AND/OR CASH TO BE rAID
IN.. LIP;ll THEREOF
(1) J)e4~atig, of Land,
The' Owner shall deliver to the Town in a form satisfactory to the Town,
transfers in fee simple absolute the following lands now shown on draft Plan of
Subdivision 18T-89017:.
(a) Blocks 12~ 13~ 14 and 15 -0~3m Reserve
(2) C",b iQ tJeu of Lands for Park or Other Public ~ecre,.tional PUlJ)oses:
. .
On the execution of this Agreement, the Owner shall pay to the Town, as cash
in lieu of the dedication by the Owner tathe Town of lands for park or other public
recreational purposes, the amount of five (5%) percent of the market value of the
Lands which the Owner and the Town hereby acknowledge and agree to be properly
calculated at the rate five (5%) percent applied against the sum of one hundred and
sixty-seven thousand ($167,000.00) dollars, being eight thousand, three hundred and
fifty ($&,350.00) dollars.
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S~DULE ."G"
THIS SCHEDULE IS' SCHED~ "GI to the Agreement which has been
authorized and approved byBy~law No.~h9J of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991.
WORQ JtEQYJPD
1. &T9~ 'SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a storm drainage
system, satisfactory to the Town, for the removal of upstream storm water and storm
water originating within the said Lands, including storm sewer mains, manholes,
service connections, catchbasins and leads, open channels, storm outfalls 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 a".ees to produce Engineering Drawings for the Storm Sewer
System, to the satisfaction of the Director.
TbeOwner agrees to obtain any easements required by the Director which
are external to the said Lands, at no ~ense to the Town for the disposal of storm
water from the said Lands and transfer the same to the Town in, Paragraphs 2.4
and 2.6 of this Agreement apply with all necessary changes to them being considered
to have been made in order to give effect to the intent of this provision.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan as follows:
(a) Pavement widths to be applied to the streets shown on the approved
Engineering Drawings..
(b) The grading and' pavin$ of 'allstreets, including the installation of Granular
'~" and Granular "B" material to provide a proper base for paving, shall be
in accordance with the Townis Design Criteria and Standard Drawings.
(c) The Owner shall constru,ct curbs and gutters on both sides of all streets, in
accordance with the Town's Design Criteria and Standard Drawings,
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.2.
(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 following locations: . as shown on the Engineering Drawings,
. (e) The Owner shall ~ade and pave of all driveways between the curbs and
. .
sidewalks, in accordance with the' Town's Design Criteria and Standard
Drawings. The grading and paving of all driveways between the curbs and
sidewalks, whf':re sidewalks are installed, and in all other cases, the grading
and gravelling of the driveway between the curbs and the lots lines,
(f) The Owner shall construct, install, energize and maintain Street Lighting, in
accordance with the ToWn's specifications on all streets and walkways in this
Agreement, to the satis(action of the Director.
(g) The Owner shall install the topsoil. and sod of the boulevards between the
curbs and the property line on all allowances for road(s) shown on the final
Plan of Subdivision of the Lands, in accordance with the Town's Design
Criteria and Standard Drawings and to the satisfaction of the Director.
(h) The Owner shall supply, install and maintain traffic signs and permanent
street-name sig~in accordance with the Town's Design Criteria and Standard
Drawings and to the satisfaction' of, the Director.
3, CONSE~V~TlON WORKS
In addition to the work required by Schedule "Q", the Owner shall construct,
install and maintain certain C(>nservation works on land within this registered final
PlaIi of Subdivision of the La,.nds including retaining walls, drainage channels and
watercourse channelization works,' includirig all appurtenant fences and all other
apparatus, in accordance with ~e Engineering Drawings approved by the Director.
4, LOT ~RADING
The Owner shall rough-grade alllot(s) or block(s) in accordance with the Lot
Grading Plan, to the. satisfaction of the Director.
5, U\NDSCAPING
(a) The Owner shall complete and install all landscaping requirements in
accordance with the approved Landscaping Plan.
(b) The Owner shall provide, plant and maintain, under the supervision of a
qualified nurseryman' 'or horticulturist the tree and shrub planting
requirements in accordance with the approved Landscaping Plan.
_.__.~...--'---.___~~.___~_.__.__~_~___~__c_____fQ
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SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of June 1991.
UTILITIES AND SERVICES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction
for the design) provision and installation of an electrical supply system to serve the
Lands) in the locations as approved by the Director. All electrical services are to be
installed underground.
The Owner shall also make any necessary arrangements with any T.V. Cable
Company in order that the installation of any such system shall take place so far as
possible contemporaneously with the installation of other services so as to cause
minimum disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction
for the design, provision and installation of a complete street lighting system to serve
the said Lands on behalf of the Town in whose ownership the system shall vest
upon acceptance of the Works including all appurtenant apparatus and equipment,
in the locations as approved by the Director that such arrangements have been made
prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell
Canada for the design, provision and installation of a telephone system to serve the
said Lands) as approved by the Director. All telephone services are to be installed
underground. The Owner agrees to enter into Agreement with Bell Canada for any
facilities and easements required by said agency for the servicing of Plan 18T-89017.
4. GAS SUPPLY SYSTEM
The Owner shall arrange with an appropriate gas company for the design,
provision and installation of a complete gas supply system to serve the said Lands,
including gas mains, and all appurtenant manholes, laterals, service connections,
apparatus and equipment in the locations as approved by the Director.
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5.~LE'. nl$V1SION
The Owner shall arrange with the Cable Television Company having authority
to provide its services ~thin-: the area of the Plan of Subdivision for the design,
provision and installation of a' complete cable televi$ion distribution system to serve
the said Lands. All cable teleVision services are to be installed underground.
6, .MAlL OISTJUllUTtON SYSn;M
Tbe Owner shall arrange with Cana4a Post for the provision and installation
of a mail distribution system to service the said Lands, in the location as approved
by the Director.
71
S~~' 'I
THIS SCHEDULE IS 'SCHEDULE "I" to . the Agreement which has been
. .....
authorized arid approved byBy~law No. 91..91 of the Corporation of the Town of Newcastle,
enacted anQ passed on the 10th day of June, 1991.
DUTIES 0' OWNER'S. ENGINEER
1. DESIqN WORKS AND .'PRlVATE WORKS
In addition to the other requirements of this Agreement, the Owner's
';Engineer shall prepare drafts of the follQWing for the consideration and approval of
the Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f)theWorksCost Estimate; and
(g) the Stage Cost Estimate.
. .
TheHapproval ofth~Director .shallnot absolve or release the Owner or the
Owner's Engineer ofthe responsibility and liability for any errors or omissions in the
above drawings, pla~,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 APPR,OVALS
The Owner's Engineer is hereby authorized by the Owner and shall act as the
Owner's representative in all matters pertaining to the construction and installation
of the Works and shall co-operate with the Town to obtain the necessary approvals
for construction andi.istallation.
3. PROVIDE, RESIDENT SUPERVlS'O~
The Owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous inspection service during all phases of the
cons~ction and installation of the Works ~d the private works and to perform the
following:
(a) provide field lay~ut including the provision of line and grade to the
contractors and, where. required, restaking;
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(b) inspect the construction and installation to ensure that all work is being
performed in accordance with the contract documents;
(c) arrange for or carry out all necessary field testing of materials and
equipment installed or prop~d 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 therc;quirements of the Director;
(e) investigate and report to the Director any unusual circumstances which
may arise during the construCtion and installation; and
(1) 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. MAlN'l'~N RECORDS
The Owner's angineer shall maintain all records pertaining to the construction
and installation and make them available for examination by the Director as required
by the Director.
5, 'PROVlpE PROGRESS 8EfORT~
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-CONSnUCl'ED DRAWINGS
The Owner's 'Engineer shall prepare and submit as-constructed drawings
required by the Director for the approval of the Director.
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~HEDULE "J"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved by By..law No. 91-91 of the Corporation of the Town of Newcastlet
enacted and passed on the 10th day of June, 1989.
WO~COST' ESTIMA1ES
1 STORM SEWERS
2 ROADS-STAGE 1
3 . ROADS- STAGE II
4 STREET TREES
5 STREETLIGHTING
SUB-TOTAL
$ 65,770.00
$ 5',392.50
$ 45,710.50
$ 9,000.00
S 3,500.00
$ 183,373.00
$ 9,168.65
$ 192,541.65
$ 19,254.17
~ 211.795.8i
5% CONTINGENCIES
SUB-TOTAL
10% ENGINEERING
TOTAL ESTIMATED COST OF WORKS:
TOTAL VALUE OF PERFORMANCE
GUARANTEE FOR WORKS:
~ 2t1.795.8~
The Performance Guarantee for the Worksshall be based on the preliminary Works
Cost Estimates which have been submitted to the Director by the Owner's Engineer and
. .
approved, by the Director. When the Engineering Drawings and the Landscaping Plan have
been approved by the appropriate. Director as is required by this Agreement, a revised
Works Cost Estimates for the C011&truction and installation of Works shall be prepared by
the Owner's Engineer and submitted to the Director for approval. The revised Works Cost
Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of
an increase or decrease in the Works Cost Estimates.
74
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SCll~Dl1~E "1\"
THIS SCHEDULE IS SCHEDULE "Kit to the Agreement which has been
authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of June, 1991.
INSUR4NCE REQUIRE))
1. TYPl;S OF COVERAQE REQUlQD
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liabilitY and property damage with an insurance company
approved by the Town's Treasurer and licensed. in Ontario to underwrite such
insurance. Such policy or policies of insurance shall indemnify the Town against all
damage or claims for 1amage for:
(a) any loss or damage that shall or may happen to any of the Works or any of
the Utilities or to any part or parts thereof respectively;
(b) any loss or damage that shall or may happen to any of the materials or any
of the equipment or any other things used to. construct or install any of the
Works or any of the Utilities or any part or parts thereof respectively;
(c) any injury to any person' or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosives;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(f) any loss or damage that shall or may, result from the disposal of effluent from
any sewage disposal works; and
(g) any loss or damage that shall or may. happen to any public road or to any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development of
the said Lands together with any or all of the Works, Utilities and Services
pertaining thereto.
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2. AMOUNTS OF COVERAGE ' RltQUlRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide tbe following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance 0: such policy or policies of insurance or the acceptance of it
or them by the Town sball not be construed to relieve the Owner from responsibility
for other or larger claims for which it may be held responsible.
. .
3. EXE~Pl'ION OF COVERAGE ~RQQIIUTEU
The policy or policies of, insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure;
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
(d) any storage, handling or use of explosives.
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SCIJEDULE. ilL"
nlIs SCHEDULE IS SCHEDULE ilL" to the Agreement which has been
authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991,
REGULATlON$ FOR CONSTRUCTION
1. . REQUIREMENTS FOR BLh-STlNG
The Owner shall, prior to commencing any blasting, obtain from the Director
p~rmission to carry out the . blasting operation.
2. . RE~9VAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purposes and such topsoil must remain within the limits of the said
Lands.
3. DUMP{NG OF FILL' OR DEBRIS
The Owner shall not dump, or permit to be dumped, any fill or debris on the
said Lands, or to remove or permit to be removed any fill from any land to, be
transferred to the T()WD, other than the roads within the limits of the said Lands,
without the written consent of the Director.
4. DISPQSAt OF CONS~UCTION' GARBAGE
The Owner shall remove and diSpose of all construction garbage and debris
from the said Lands in' an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Town shall not be responsible for the
removal or disposal of garbage and debris.' The Owner shall deliver a copy of this
clause to each and every builder obtaining a building permit for any part of the
said Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands.
s. QUALITATIVE, ANDQQ.-\NTITATIVE TE~TS
The Owner agrees that the Town may have qualitative or quantitative tests
made of any materials or equipment installed or proposed to be installed on the
direction of the Director. The costs of such tests shall be paid by the Owner,
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60' MAINTEN~CE, CLOSI~G AND USE OF EXTERNAL ROADS
During this Agreement the Owner at all times ensure that all public roads
ab"tting the said Lan.dsand all public roads used for ~cess to the said Lands, during
". ".. .
any construction on the, said Larids;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 sucb 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 ~thout the prior written approval of the authority
baving jurisdiction over.such public road. 'The Owtier shall not use or occupy any
untr~velIed portion of any public road allowance without the prior written approval
of the Town or authority having jurisdiction over such public road allowance.
7. M,c\JNTjl:NANCE OF IN'J):RNAL' ROADS
Prior to the placement of the base course of asphalt on any road required
to be constructed under'this Aireement, the Owner shall remove any contamination
of the granular base course and repair and replace such base course, where
necessary, to the approv8.l of the Director, in order that the construction of such road
shall not have suffered due to any use of the granular base course as a temporary
road.
Prior to the pl~cementof, the surface .of asphalt on any road required to be
constructed under this Agreement, the Owner shall clean the base course of asphalt
and repair and replace such base course where necessary.
Until the roads on the Lands are assumed by the Town, the Owner shall
maintain all internal roads in a condition acceptable to the Director, and shall ensure
that such roads are. free of dust and mud at all times to the satisfaction of the
Director,
8. WEEJ)ANp RAT CON'(JtOL
After tbe commencement pi construction, the Owner shall institute upon the
Lands a program of weed and rat control to the satisfaction of the Director.
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SCHEDULE "fd"
THIS SCHEDULE IS SCHEDULE "Mil to the Agreement which has been
authorized and approved by By..law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991.
USE OF THE ~DS
The Owner agrees that the said Lands shall not be used for the purpose other
than as setout in the following table:
LOT OR BLOCK NUMBER
ON PLAN' 18T-89017
PERMIITED LAND USE
Lots 1 to 10 inclusive
Residential
Block 11
Block 11 is to developed with
adjacent lands and to be maintained
by the Owner until development
takes place,
Block 12 to 15 inclusive
O.3m Reserves
1 (;(
SCHEDULE ."N"
THIS SCHEDULE IS, SCHEDULE "N" to the Agreement which has been
authorized and, approved by By..law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed on the lOth day of June, 1991.
LANDS ~SUITAB~ FOR BUILDING
, ,
The Owner agrees that .no application will be made for a building permit for
. .
the erection of any structure on the Lands listed in the folloWing table, until the conditions
listed in the. following table. have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
ON PLAN 18T~8'017
LAND USE
Block 11
Reserved for future
development see Schedule "M"
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SCHEDULE "P"
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed the 10th day of June, 1991.
OVERSIZED AND/OR EXTERNAL SERVICES
1. STORM SEWER WORK
This Work (the "Storm Sewer Work") consists of the construction of oversized
storm sewers within Plan 18T-89017 and outfalling into an existing storm sewer on
Liberty Street. More specifically, this work includes the installation of storm sewers
and manholes as shown on G.M. Sernas Ltd., Project No. 89065 Drawing No. P-I01,
dated January 1990 and on file with the Director.
Total Estimated Cost
Owner's Share
$88,400.00
$39,572.00
2. ROADWORKS
This Work consists of the construction of roads within Plan 18T-89017
which abut external properties. More specifically, this work includes excavation,
grading, installation of curb and gutter, installation of Granular "A" and liB", topsoil
and sodding of boulevards, sidewalks and street lighting as shown on G.M. Sernas
Ltd., Project No. 89065 Drawing No. P.I0l dated January 1990 and on file with the
Director.
Total Estimated Cost:
Owner's Share of Cost
$130,900.00
$ 58,597.00
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DESIGNATED
~
OWNERS OF DESIGNATED
bRE~S
COST SHARING
REFERENCE
A M~orieMQrrison Morrison
26 Concession S1. W
Bowmanville, Ontario
LtC tY5
B Margaret Williams Williams
P.O. Box 56
Bowmanville, Ontario
LlC 3K8.
C Norman & Rosemary Orawert Orawert
14 Concession St. West
Bowmanville, Ontario
LIC 1 Y5
0 Samual & Mary Oust Oust
10 Concession St. West
Bowmanville, Ontario
LIe 1 Y5
E Lambertus Klompmaker KIompmaker
R.R.#l
Bowma.nville, Ontario
LIC 3K2
F Schleiss Development, Ltd. Schleiss
R. R. ,#2
Oshaw~ Ontario
LIH 7K5
0 Veltri and Sons Construction Veltri
68 King Street East
Bowmanville, Ontario
LIC 3X2
~..1....
SUMMARy OF E$TIMA1$D CO$T FOR
EXTERNAL AN.()/ORO~RSIZE:Q ~ERVICES
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CONCESSION/LIQ~RTY DE~~QPMEt"
PLAN 18T-89017
RQAJ)WORKS
~OAD WORKS
COST SHARE
TOTAL COST
YEAR 1
YEAR 2
ENG & CONT.
STREET UGHTS
TOTAL: .
$62,840.00
47,860,00
16,700,00
3.500,00
$130,900,00
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COST/METRE/SIDE (170 METRES ROAD) $385/M
FROl'tffA~E COSTS
Morrison ( 39.3m) $ 15,130.50
Williams ( 32.0m) $ 12,320.00
Grawert ( 31.9m) $ 12,281.50
Gust ( NIL) NIL
Klompmaker ( 44.4m) $ 17,094.00
Schleiss ( 40.2m) $ 15,477,00
Veltri ( 152.2m) $ 58.597.00
TOTAL 11~Q.9QQ,O.2
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SUMMARY OF ESTIMATED COST FOR
EXTERNAL AND/OR OVERSIZED SERVICES
CONCESSIONILIBERTY DEVELOPMENT
PLAN 18T-89017
STORM SEWER WORK
STORM SEWER WORK
COST SHARE
TOTAL COST
SEWER
ENG. & CaNT.
$ 76,540.00
$ 11.860.00
TOTAL:
$ 88.400.00
COST/METRE/SIDE (170 METRES ROAD) $260.00
FRONTAGE COSTS
KLOMPMAKER
SCHLEISS
VELTRI
( 44.4m)
( 40.2m)
(152.2m)
$ 16,575.00
$ 15,007.09
$ 56,817.91
TOTAL:
$ 88.400.00
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~HEDULE .P-1.
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THIS SCHEDULE IS SCHEDULE .P-1- to the Agreement which has been
authorized and approved by By-law No, 91-91 of the Corporation of the Town of
Newcastle,'enacted and passed the 10th day of June, 1991.
SQPE~ ' GREEK WEST . P8JWCti 'QRAlNAGJ; OlTfFAl1 SYSTEM
. . .
The "Soper Creek West Branch Drainage Outfall System" is the stormwater
management works for the West Branch of Soper Creek and includes the construction
ofa stormwater management facility, landscaping, fencing, erosion protection (from the
stormwater management facility to the West Branch of the Soper Creek), The estimated
cost of it includes engineering and contingencies. This System is described in the Master
Drainage Plan for the West Branch pf the Soper Creek, prepared by Marshall Macklin
Monaghan Ltd., dated June, 1989,a8 approved by the Director and on file with the
Director. The total estimated posts of this System and the Owner's share thereof are set
out in the Cost Sharing Report for Implementation on the Master Drainage Plan for West
Branch of the Soper Creek prepared by Marshall Macklin Monoghan Ltd., dated May
1990, as approved by the Director and on file with the Director.
Total Estimated Costs:
Owner's Share:
$2,057,000.00
$ 23,000.00
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.'SCH~DULE "Q"
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THIS SC"EDULEI~ SCHJ;J>,ULE "Q" to the Agreement which has been
~uthori~d and approved 'by By-Iaw,No. 91~91 ohhe Corporation of the Town of Newcastle,
enacted and passed on the 10th day of}une, 1991.
CQNSE~VATION AUTHQRITY'S WORKS
1. Prior to the commen~ement of development activity, the Owner shall obtain
Central Lake Ontario Consetvation Authority approval of sedimentation control and
st9rm drainage plans: for the Lands.
2, The Owner agrees to carry out, or cause to be carried out, to the satisfaction
of the Central Lake"Ontnrio ConserVation Authority the requirements of the
Northwest Bowmanville Area Master Drainage Plan pertaining to the Lands,
.
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'S,~0
SCHEQV~~ "'"
THIS SCHEDULE IS seHEDULE ilK' to the Agreement which has been
authorized and approved by By-law 'No. 91-91 of the Corporation of the Town of Newcastle,
emicted and passed on the 10th day of June, 19.9l.
ENGINEERING AND IN$PJCTlON FE~S
Esfimatecl ~osts of Works fKI
Up to $100,000.00 4% to a MAXIMUM OF $4,000,00
$100,000.00 to $500,000.00 $4,()OO.OO 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 $67,500.00 or .2% of the estimated cost of services -
whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates a$ specified in Schedule "J" hereto, and shall include the estimated cost of Region
services. . The payment of the. Engineering and Inspection fees to the Town are subject to
the Goods and Services Tax, and therefore an additional seven (7%) percent must be added
to the fees calculated using this Schedule and paid by the Owner to the Town.
The aforesaid amount is to be paid prior to issuance of the Authorization to
Commence Works for each stage shown on the Staging Plan.
JJ..
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SCHEDU~E "S"
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been
authorized and approved by By-law No. 91;.91 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day.olIune, 1991.
REGION'S CONDITIONS OF APPROY AL
CONDITIONS OF DRAFr APPROVAL dated November 23, 1990
1. That this approval applies to draft Plan of Subdivision 18T-89017, prepared by
Donevan & Fleischmann Co. Ltd., identified as drawing number 89642, dated
November 6, 1989, and further revised in red by the Town of Newcastle, to show 10
lots for 20 semi-detached or linked dwelling units, one block for future residential
development, and various blocks for roads and reserves.
2. That the road allowances included in this draft plan shall be dedicated' as public
highways,
3, That the road allowances included in this draft plan shall be named to the
satisfaction of the Regional Municipality of Durham and the Town of Newcastle,
4." That 0.3 metre reserve, shown as Blocks 12, 13, 14 and 15 on the draft plan, shall
be conveyed to the Town of Newcastle.
5, That any deadends and/or open sides of road allowances created by this draft plan
shall be terminated in 0.3 metre reserves to be conveyed to the Town of Newcastle,
6, That the Owner shall convey land to the Town of Newcastle for park or other public
'recreational purposes' in accordance with The Planning Act, as amended,
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
7. That such easements as may be required for utilities, drainage and servicing purposes
shall be granted to the appropria~e authorities,
8,That prior to the commencement of development activity, the Owner shall obtain
Central Lake Ontario Conservation Authority _approval of sedimentation control and
storm drainage plans .(Of the site.
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9,
That the Owner shall carry ou~ or cause to be carried out, to the satisfaction of the
Central Lake Ontario Conservation , Authorlty,the requirements of the Northwest
Bowmanville Area Master DfainagePlan pertaining to the site.
10.
That the Owner shall sul>mit to the Town of Newcastle, for review and approval, a
Landscaping Plan prepared by.aqualified landscape architect based on the Town's
design criteria.
11.
That the Owner shall submit to the Town of Newcastle, for review and approval, a
Master Drainage and Lot Grading Plan, prepared by a professional engineer based
on the Town's design criteria,
12
That the Owner shall submit to the Town of Newcastle, for review and approval, a
Tree Preservation Plan, prepared by a qualified consultant.
13.
That the Owner shall provide for the extension of such sanitary sewer and water
supply facilities which are external to as well as within the limits of this plan that are
required to service t4is plan. In addition, the Owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan which, are
required to service other developments external to this subdivision, Such sanitary
sewer and water supply facilities are to be designed and constructed according to the
standards and requirements of the Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to the release of the final plan for registration.
14.
That prior to entering into a Subdivision Agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and water
supply plant capacities are available' to the proposed subdivision.
15.
That prior to final approval of this plan, the Owner shall satisfy all requirements,
fmancial and otherwise, of the Town of Newcastle. This shall include, among other
matters, the execution of a Subdivision Agreement between the Owner and the Town
of Newcastle concenrlng the provision and installation of roads, services, drainage
and other local services.
That the Owner agrees to the satisfaction of the Town of Newcastle that where the
well ' or private water supply of any person is interfered with as a result of
construction or the development of the subdivision, the Owner shall, at his expense,
either connect the affected party to municipal water supply system or provide a new
well or private water system so that water supplied to the affected party shall be of
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quality and quantity at least equal to the quality or quantity of water enjoyed by the
. affected party prior to the interference.,
17.ThU~ prior to final approVal. ofthepl~ the Ownershall satisfy all requirements,
financial or otherwise, of the Regional Municipality of Durham. This shall include,
among other matters, tbe execUtion' of a, Subdivision Agreement between the Owner
,and the Region concerning the provision and installation of sanitary, sewers, water
supply, roads and other regioQal. services.
18: That the Subdivision Agreement between the Owner and the Town of Newcastle
shall contain, among other matters, the following provisions:
(a) The Owner shall carry out, or cause to be carried out, to the satisfaction of
the Central Lake Ontario Conservation Authority, the recommendations
referred to in,ConditionsS and 9.
19. That prior' to final approval of this, plan for registration, the Commissioner of
Planning for the Regional Municipality of Durham shall be advised in writing by:
(a) the Central Lake Ontario Go~ervation Authority. how Conditions 8, 9 and
18(a) have been satisfied; and
(b) the Town of Newcastle,howConditioDS 2, 3, 4, 5, 6, 7, 10, 11, 12, 15 and 16
have been satisfied.
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SCHEDULE "T'
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991.
TREE PRE&ERVATION PLAN
(See Attached)
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CONC=:SSION lIEERTY
DEVELOPMENT
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VELTRI 8 SONS CORPORATION
I "TREE PRESERVATION STUDY
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SCHEDQLE "U"
nns SCHEDULE IS SCHEDULE "U"to the Agreement which has been
authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991.
(LANDSCAPING P~)
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S~HEDULE "W"
THIS SCHEDULE IS SCHEDULE "W"to the Agreement which has been
authorized and approved by By-law No..91-91 ofthe Corporation of the Town of Newcastle,
enacted and passed on the 10th day of June, 1991.
ARCQITEC'fUIlU., CONTROL ST.t\NDJ\JIDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
1. EXTERNAL MATERIALS:
a) Exterior construction must be a minimum of forty (40%) percent masonry
products excluding stu~co and concrete blocks. No substitution is allowed
except by written permission of the Director of Planning and Development.
b) Dwellings sited at corners require full height masonry products on all
elevations.
2. CpLOURS:
a) Colours of bricks, siding, roofs and trims must be compatible and in harmony
such as earthtone range, pastel range, grey/black range etc,
b) Where, bricks are used, coloured mortar is required,
c) Accent colour bricks for brick detailing is permitted provided if used
consistently in group of dwellings.
d) Colour of caulking around metal flashing or windows is required to match
colour of brick or siding.
3, REPETITION OF ELF.VATIONS ANI> STYLES:
a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-
five (25%) percent' exterior variations in elevations or colour schedule,
b) Dwellings or identical elevation and/or colour schedule must be separated by
a minimum of four (4) lots,
c) Dwellings which mimic the influence of a particular architectural influence
(eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group
reflecting the same architectural influence.
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4, OTHERS:
a) All metal roof vetitsand stacks must be located in the rear slope of roofs and
must be painted to match the roof colour if exposed to public view.
b) All dwellings must carry brick veneers to within twelve (12) inches of grade
on front elevation and within twenty (20) inches on side and rear elevations,
Exposed concrete foundation in excess of the aforementioned standard will
not be permitted.
c) The Owner shall encourage the builder of dwellings to vary siting and setback
of dwellings,
d) The above standards are minimum standards and builders are encouraged to
. exceed the standards as 'long as the objective of creating attractive and
aesthetically pleasing appearance is achieved.