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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 .' ,/1,.,:11 ~ '~ / ' "~'/'''' . . i t ~~. /~, . ;,;tth, v ,. (ACTING) ~YOR r \ DYE & DURHAM CO. LIMITED Form No. 985 ^, I-~ Province ~V~Of ~ Ontario Document General Form 4 - Land Registration Reform Act, 1984 o .. > ...I ;Z o w en ::> w o it o ~ r- .. - r- (0 U') ...... C1. 1# (.) 1oU_ <<0 u.;.~, 0: ~IJ ~ ~.., ::II:: .;( Ci:: ~.::> .....C - l- e w () - ...... (1) Registry 0 (3) Property ldentlfler(s) Land Titles !Xl T (2) Page 1 of ti' <) pages Block Property j (It . ..... .'.> II ~!Q '~J.^...I.^ ,I I ..... l" Additional: See 0 Schedule , . (4) Nature of Document .t- "....J to--. eo4 c;::::J . . .-... Notice or Subdivision Agreement (Section 74 or the Act) (5) consideration NA 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 1l"""l 0) ... Executions Additional: See Schedule o (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 /1., / // ./~ ;. l Vi (-' . . . . . .~. . . . ~ . . . . . . . . . .'. -. .--. . . . . . . '. . . :,:1991. ! ~ .' .:. . ~ , " Nicholas T. Macos i! i , ' , ' . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . :;0 . . .. ..01." ! i , . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . " . .! .... ., .i. . . ! i , . : : , . . 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) ..... 'n - I . T1r ~A~ . Signature(s) Date of Signature Y M 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : I : : : : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) Address for Service (14) Municipal Address of Property (15) Document Prepared by: t I! Fees and Tax ~ ~ Registration Fee w en ::> w o i:i: u.. o I Ou..a: \ Total .11 not assigned Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto, Ontario M5H 2Z1 Attn: Nicholas T. Macos 10174 (12/84) . I p ( "i '--.... .. 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 w, ."'~ ~. . 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 7 7 11 1Z 1Z U 13 13 14 15 15 15 16 16 16 18 18 18 19 19 19 19 19 20 20 21 21 21 22 22 22 23 24 24 25 25 . , 3.16 Oc~upanc:y Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 26 . 27 27 28 29 29 30 30 33 34 34 35 36 37 38 38 38 38 39 39 40 40 40 40 40 43 43 44 44 44 44 45 46 46 47 49 49 50 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" .. 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. . ____~"-"'- iiiL'l,. ~ Page r -z( (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 .. Page If '\ 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. . ,> . .. '.'.'. \,' . ~ " Page 10 (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. i" Page fi I I (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. Page j" / } (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 . , 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 -----~.:..~~ Page /t / t{ 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. 'M_~_ Page W'" f ~ 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 ..--'~~_~~._._ ...:.__JL page)1' / 6 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 . . . 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 . . 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; :.". .. Page f2 I 7 (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 . . . made, ori! such Subdivision Agreement betWeen the Owner and the . . . Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between 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 '. . an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8, 3.14, . . 5.17, 5.19, 5.20 and 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 Page 11 (q 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. Page)4 r 'i 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. _ ._.._~ :.~-~._~. - -.- Page 20 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. / ".'- '. ;'.' Page 21 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. "","';'j" ':".j .' .' Page 22 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 Page 23 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. Page 24 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. ., ',.'.;' Page 25 (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 I' Page 26 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 I 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'. I 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. I 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) , , ,) ~A~l ) ) In tbe presence of: CORPORATION. OF. TOWN.,", OF CASTLE " ame: j\A, <<". ,'>> Title; Name: ' Title: SIBLE OSINGA v--- " ., , ,:.,,'..,'- :)0 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.:" )q 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. .. , . .. ,. ----.- -. ,~' I J \~.W)/l.,-'~" ~~'.~.. -1 :~ I:, :; I I; ~T'~'! I ~ t~' ~ i I I: .~~.. ""'. ~ _----rJ.. ~'; l "'t! ~ : i \ I ". 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II ; , I I' ~ ~. ~. /'./ 0..:.:: QWIV...::RS e4:RrN":'Ic..e..-rE. IN'C ~'ze ~';~~=.L.TC:J. ':'7"0 ,p,;tIi?1!!:~1IC ~ ~"""''''''''''A!S ~~<:::>"'~ ?'C:)~~~c:::)'C"'~~~ A."'-"~QV'~. <:::: <::::UVC.EE: S S/OI'V s-r..eE:J!!;"T' i: VEL.TI<i/.AJ'o/O lSOiv.S ~TiC>N IO~ F"'VI!!r"T79~~ ~........,....... ...,. I/-IN 1A4 "1'2!EL.. ca,.Q!!:l>-d/7Q ,.,2 -r~c:::.-=-~ LOTS 1-fC> ~e. ~ B770 ~ // ,,"0 ~""" /.e 871 ~C>oO'<: /5-/5: 154 "7'""C":Tr...o..L. r If.e/O .:' r! .. ,. L4(. i k/~' ~ ~7)1V'/.~IC!'S. ..... . ~ 1 AaD'770~ ~-r,Q,..J .:oj ~"''':'=~~0i!>Q .~ c::>,c-~~/IV'G"""f::r. :~: ;0 ~ , ....,. I:.., ~; t 1l GE:NE:RAL. ~E:.S ~ OP~~~ '/./15/ ..;a u::::rrs 1--'0: EiU!.'.rr/-&:.>/Irr~E.CJ ~, . ~-....-o~, EUOO>< //.. _~ e<.o:::x:>< la. ~ -.- ~I!!:R. s~/e-_' o.~~_';. 4=X~U~ ~, ................~a<<IV'rf.4L..._ OIWC (~/)~ ~'^'" ~r'-AilCV',"'~ f Ie,... .. ,...",...., Li:>T ~ I CS.l)C)_AI 'M''''''r~'_ =,.....r~~~ "T/foo,fl6l$ ~_Ir>J~ AA/OC).-' ~ -~""'=""""......-:r--'" pv~ 6!>Y=..s:::w& q S ~ t 3 ~ ~ a · d ~ ~ q) " s " I<A:Y. ~. CI.QC A.S ~ '-='^'~ '.9,3 -..:::) I'<IJ:Y ~_. . <<............,..-~~ - .c...~-~..., '" 1YO~.~~.~..~i' ...........~"...~. . . . Jr. "'.,e)tS~ U'V...- ~ ~......: i,~~.';.": ,It ALL ~..c::',~'~v..c:-4!;;8. t. M::>~.v-r- . . , . " It ~' ,,- 1 SLJoiVV~. <:'4tRT/-.c::A.T<C .' . , / ......,.<<..., ~.............. . ~T 7?-NC ~/.-:8 C;:::WW..,........,.. ~'"7l:::)I!'!!!!!ItoIS'~/V~~ C~AE=-r-L.""" ~^" "1<489,_ t\UJ.A\~M^~ ~AE C.P'. F"< I'C~ ~ ~ ..... ~C)~._:: ~ICV_^,~Q _~~p::>.~.:; ! o,-rr_1O L...Iv.no &ui'lii'V~S '. I.I~IO S"T." "c-:vc:"e.l,f;,.c;Wvca ~ ~A OS&.-J.Ai. ..0., ~x>> 4~ '-1CJ.<1iiAAIii!1/'VIGJ~ ~'V 1-.& 7ae-~&~~..A*=>I 8.'!W'--~-~~ ......~ ^='~ (<1.......:1' "--~ .".. _"'",'7~ ,e.e;\.1'l" ~.Lj.. ;0..;_ 0..(.....-,... JI,.' I ~~~ .",...~" ;;..._.... . .;~ ~ ;~ i .... :~l ~ ,.:: .' q ~ I "'7.tot ,. . :l.' .~. ~ "i ...' , '.1 .. , ~ . r, ; : ,.~ : ; I . r ~ -'" ~I :.: 'ii-; .) :~! ~ "- (, ..L 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. .:. C 7 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, G ,S; .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 .;....'. . :',' '" ."." G C-{ 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. " "7 c -2- 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; 7~ .2- (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. "/ -, / ,'! ~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 . \ 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. ....---' 7/<v - 2 - 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 ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance 0: such policy or policies of insurance or the acceptance of it or them by the Town sball not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. . . 3. EXE~Pl'ION OF COVERAGE ~RQQIIUTEU The policy or policies of, insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives. 7~ \ , SCIJEDULE. ilL" nlIs SCHEDULE IS SCHEDULE ilL" to the Agreement which has been authorized and approved by By-law No. 91-91 of the Corporation of the Town of Newcastle, enacted and passed on the 10th day of June, 1991, REGULATlON$ 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, "l1 .. --......, / ( - 2 - 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. - . "~",, 78' 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" " ,",.-,'" . T ." ' ~. > . .'. ~o .' 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 f( 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 - , , . , 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 ------ ------ 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 " " ...... <'. ",< ~.; , 7( ~ l/ /' 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 . f ~'1 ~HEDULE .P-1. , , 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 " 9' .--- " s . .'SCH~DULE "Q" . . . . . 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, . .. '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.. y'-' - ( 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. "'..~ .~ ;0. '. 16. y~ ~. v - 2 - 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 -" .. ~Cf '\ ' - 3,~ 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. " C(o ,-' 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) 40( 'tfYfY. K::V PLAN i \ i : I , ; I' I ..----..---..---- __-...-----w--- \--- ---- ..-----.---.~--- ----..--------.... ------- y ir-OIC' ",., /" -~ I Ill"'" I ..-l,.., I ,,~. i..f:j ;\c.. ..,.0 ~ LQO( 12 S N1SiON ,----===7 I ; I I /1 U ,.--0 l -. I I I .'1. : ! :i~ i ! 111~ rBLO~~-;3j-.J . ~~:w~ ."!~~: I t !.i_. ; I , . . . . .~~ .... i...:. .. .."c .. 1- E .F ~' / 51.. .00 I .. et.O~..J :(' \ il L;; i FUTUrE ~..-s' ''I'00C "'l'&...........1.L. t,....u. I( cr..cu'tt(D.... T\<(A.JII(&TOTMtDl1\olC'1l not ,.t[ I' O[vlLOl'(:JI .h:.!L !k..~ TO. ",no F ",_",\.OOO~rN'(.<'J &".,o,(O'''OIIao..,IiCl..T ..-oJ'(1Il. 0-". '!-' 0 ... /2 63 ;;, 1QCti" ~ e~ i ~ ~I c lCf ;\ l 8 r:'OI~/'.", , r I -I ~ I OEVEL'iM~tr I' I I to~ ~lO sr"~ ~-----'!o I I : I I ,,0-.9 (]) I -~- I &I..."o.r buqr.w~. ...oel.c.. Um'teel II...O.C.D. .rCh".Cl. t'O___..-:J,!o I ___:~::-=~;'~:'2G3 I .".~.."" 1 tl'I"O..c, . ,. r..: ;- ~:I CONC=:SSION lIEERTY DEVELOPMENT UlEllTY ST. II CONCESSlOH ST. TOWN Of NEWC4STU, ONT AR:O VELTRI 8 SONS CORPORATION I "TREE PRESERVATION STUDY I ....s:!: P'\.A.H on... Sl.lPn.1ED 8"l' ;.IlL SER!'US . I ~~~~'~iin~'=5 ~- RA I fEeRUARY 1991 .,,- 11500 pro.ec:Tl'lO. 91l.Stl LJ ;:, 1!lf 4" ~ C/;;... 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~) (See Attached) 0f\ 0: '" l't.NfT ust ......-....,........,....... .............. -..-...--- left' QUMll eot,ftIiACAL1iIME ~- CMWSt -. SPREAD 110M __ A . 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Ml .' . ..' _, , . ..91- 51" .' . - . .--.... t ;-:"'" ' . L -I . ..fl ~- fJ '1'-1 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. '" ... .. a~ .. - 2- 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.