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Home My WebLink About91-98 ON: 708545.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY....LAW NUMBER 91- 98 being a By-law to authorize the entering into an Agreement with 708545 ONTARIO LIMITED and the Corporation of the Town of Newcastle for the development of Plan of Subdivision18T 88022. 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 Corporation's seal, an Agreement between 708545 ONTARIO LIMITED and the said Corporation in respect of Plan of Subdivision 18T- 88022. 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. BY-LAW read a first time this 24th 1991. day of June BY-LAW read a second time this 24th 1991. ~ay of June BY-LAW read, a third time and finally passed this 24th of June 991. day MAYOR ~~~ QI-1f, I (8) This DoculM.nt pr'ovld" e. follows:' The Corporation of the TOwn of Ne'WCa~tle has an unregistered estate, right, interest or equity in the land registered in thenartle of 708545 Ontario ,Limited as Parcel ? J - <- Section " , apd 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. <,....... '" Ne <->cc-..+-(~ (P"-"'''1 to",) 1"'1 PrOVHlt" ~'~~ 01 ~ O/ltarlO : >- ..J Z o \IJ II) :;) ~ u: ....., o CI: o lJ.. ~ .;:'.....J ~ ~ ~ ..1' ,I.' II ': J.... I,.... !~ Ii ffi "" OJ ::E" ::;:) :z: New Property Identifier.. !i -= <> Q::Z 1-<( V?:e <:;'3; wo cr. co 00 ,- ::5. o ,2: 0.- w UJ. o~ , en ~~ <~ z: Additional: 8M , 0 SChedule , Additional: ~~~;. ,0 ~9) This Document relet., to Inltrum,nt number(s) , , . , , , . . TH~ ,e9.JU>Q~J:JP~. Q.~ Aij~. . . . . . , . . . TOWN, OF . NEWCASTLE by its . . . . . . , . .solicitors Shibley. Righton .per.' ~ . . . . . . . . . . Nicholas T. Macos, solicitor . (10) Party(les) (sel out Status or Interest) Name(s} l-.. ~. , DYE & DU~HAM CO LIMITED Document General Form 4 - LInd Regl'trltlon ~.torm Act, 1984 rfu.n Nf' llnr, ... o (1) Reglslry 11 (3) Property ht.ntlller(. ) llnd Tltlel IXl Block Iro (2) I'uq" 1 01 :;;=. Pllll'''' Property Add'l'OHHI ;:~::.Idllhl rl Subdivision Agreement Dollars $ ... . . ~... <I.... fr( ~ Cd...,I..:.. flit.. ) .' / Parcel ~ ( - ':I.. , Section c.. .... L , being part of lotp 31 and 32, Concession 2, Geographic Township of ,Darlington, Town of Newcastle, Regional Municipality of Durham designated as Parts I, 2 and 3 on Plan IOR-3262. ee) Red.lOrlptlo/1 New Eaaement PlanlSketch (b) Schudulo lor: Additional Description 0 Parties , I, D'l n Olher IN Continued on Schedule 0 Signature(s) Date of SIgnature y M 0 I()()J ! De{: ~ €I A-;. ~ ~ 'Nich~ias 'f.' Macos' . . , , . . . . . . . , . . ':' . . . , ....:..'1'.. I . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . '.f . I. . . . t . '_f' . . . . . ",' I . I . I , t , . . . . . (11) Addreu for Service (12) Party(le.) (Set out Status or Interest) Name(s) . . . . . .. . . . , . . . 'f' . . . , , . . . . . . . . . . . . Signature(s) Date. of Signature y M 0 , . . . . " . . . . , . . . . . . . . . . t. 0;0' . . . . . . .,' . . . of t_' . . . . . . . , . >0. .... . .. . . . . .'. . . . . . . . . . . . . .. . . . t, .', . . . . . . . . '.' . . . . . . . . . . t'. . . . . . . . .. . to. , . I . . . . . . . . . '" t," . . . . . . o' . . . . . . . . . . . . . . . . . /,'. ,-f . . . . . to. .'. . ... . " . . , .. . . , ~. ... . . . '. ~_" . t . , 'f , . . . . . . . . (13) Address . for Service (14) Municipal Addre"ol Property not assigned . . . '.f . ,. .. t. . . .. t'. . . . . . . . 'f . . . . . . . . . (15) Document Prepared by: Fees and Tax Registration Fee ~ Z o w C/l :;) uJ t) u: IJ.. o CI: ft I '';~~-- Total Shibley Righton Barristers & Solicitors Suite 1800 401 Bay Street Toronto. Ontario M5H 2Z1 Attn: Nicholas T. MaC,Os ". THIS AGREEMENT made in quintuplicate as of this 15th day of August, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE . - and - 708545 ONTARIO LIMITED - and - ROYAL BANK OF CANADA SUBDIVISION AGREEMENT Page 2 "--II & , ", ~. ARTICLE 1.1 1.2 INDEX 1 - INTERPRETATION AND SCHEDULES ...... Definitions ................ Sehed'ules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2. GENERAL . . . . . . . . . . · · · · · · · . · . . . · . · . · . . · · · · · · · . . . . · · 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 Recitals in Operative Part of Agreement ..................... Certification of Ownership Copy of Plan and Agreements Required .................... Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of Land for Portion of Oke Road . . . . . . . . . . . . . . . . . . . . Registration of 1'ransfers ........................... Postponement of Mortgage and Road 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 Owner and Road Mortgagee ................... Successors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lot/Block Reference Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . · . . ARTICLE 3 - FINANCIAL. . . . . . . . . · . . · · · . . . · . · · . · . · · 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 . . . . . . . . . . . . Payment of Taxes ........................ . . . . . . . . . . . . Payment of Local Improvement Charges ..................... Payment of Drainage Charges ............................. Payment of Development Levies . . . . . . . . . . . . . . . . . . . . . . . . . Not Used ..................... . . . . . . . . . . . . . . . . . . . . Performance Guarantee Required Use of Performance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnification of Town ................................. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · Maintenance Guarantee Required .......................... Use of Maintenance Guarantee .......................... Requirements for Release of Performance Guarantee Requirements for Release of Maintenance Guarantee . . . . . . . . . . . . . . . . . . . . . . . . Payment of Town's Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 7 7 12 13 13 13 13 14 15 15 15 15 16 16 16 17 18 18 19 19 19 20 20 20 20 20 20 21 21 22 22 22 22 24 24 25 25 .# 'l'J! 3.15 3.16 Unpaid Monies . . . . . . . . . . . . · . . . . · . · · · · . . . . . . . · · · · . · . · · · Occupancy Permit Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AR.TICLE 4 - PIA.NN'ING ......................................... 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.U Not Used. ............................................ Landscaping Plan and Landscaping Requirements .............. Use of unds ......................................... Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not Used.. . . . . . . . . . . . · ~ · · · . · · · · · · · . · · · . · · · · · · · · · · · . . . Requirements for Building Permits . . . . . . . . . . . e,e . . . . . . . . . . . . Model Homes . . . . . . . . . . . . . · · · · · · · · · . · · · · · · · · · · · · · · · · · . Architectural Control Standards ........................... Requirements for Sale of Lands and Road Land ............... Requirements for Occupancy Permit ........................ Requirements for Park .................................. Special Conditions ..................................... AR.TICLE 5. 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 To'WD Works Required . . . . . . . . . . . . . . . . . · · . . . . . . . · · . · · · · · · Utilities and Services Required ............................ Own.ers Engineer ...................................... Design of Works . . . . . . . . . . . . . . . . · · · . . . . . · · · · · · · · . · . · . . . Approval or Engineering Drawings . . . . . . . . . . . . · . · . . . . · . . . . . . Approval of Grading and Drainage Plan . . . . . . . . . . . . . . . . . . . . . Staging of Construction . . . . . . . . . . . . . . . . . · . · · · · · · . · . . . . . . . Approval of Schedule of Works ............................ Approval of Works Cost Estimates and Stage Cost Estimates ...... Requirements for Authorization to Commence Works ............ Requirements for Commencement of Subsequent Stages of Works ... Inspection and Stop Work . . . . . . . . . . . . . . . . . . · . . . . . . . · · · · . · Construction in Accordance with Engineering Drawings .......... Sequence of Construction of Works ......................... Completion Time for Construction of Works .................. Minor Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · . . Incomplete or Faulty Works and Liens ...................... Entry for Emergency Repairs . . . . . . . . . . . . . . . . . . . . . · . . . · · · . . Damage to Existing Services .............................. Damage to Neighbouring Wells ............................ Use of Works by Town Maintenance of Roads after . Completion . . . . . . . . . . . . . . . . . . . . . . Requirements for Certificate of Completion ................... Requirements for Certificate of Acceptance ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 26 26 27 27 27 29 29 29 29 32 33 33 34 36 39 40 40 40 41 41 41 42 42 43 43 43 46 46 47 47 47 47 48 49 49 50 51 52 53 53 .... Page 5 ..- 5.25 Ownership of Works by Town ............................. 53 5.26 Requirements for Certificate of Release ...................... 54 5.27 Road Reconstruction Works and Tributary Stormwater Management Works .............................................. 54 ARTICLE 6 - COMPLIANCE WITH REGULATIONS ................... 55 ARTICLE 7 - RESPONSIBILI1Y OF SUBSEQUENT OWNERS .......... 55 ARTICLE 8 . TIME OF ESSENCE ................................ 56 ARTICLE 9 - AUTHORI'lY TO MAKE AGREEMENT ................ 56 SCHEDULES TO AGREEMENT A. Legal Description of Lands B. Plan of Subdivision (reduction) C. Charges Against the Lands D. Development Levies E. Transfers of Easements F. Lands to be Transferred to Town and/or Cash to be Paid in Lieu Thereof G. Works Required G.l Staging Plan H. Utilities and Senices Required I. Duties of Owner's Engineer J. Works Cost Estimates K. Insurance Required L Regulations for Construction M. Use of the Lands N. Land Unsuitable for Building O. Not Used P. Oversized and/or External Senices P.l Financial Contributions for Certain External Works Q. Conservation Authority's Works R. Engineering and Inspection Fees S. Region's Conditions of Approval T. Tree Preservation Plan U. Landscaping Plan V. Not Used W. Architectural Control Standards X. Not Used Y. Legal Description of the Road Land .. Page 6 .4 THIS AGREEMENT made in quintuplicate as of this 15th day of August, 1991. BE1WEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Town") OF THE FIRST PART - and - 708545 ONTARIO LIMITED (hereinafter called the "Owner") OF THE SECOND PART - and - ROYAL BANK OF CANADA (hereinafter called the "Mortgagee") OF THE THIRD PART WHEREAS A The lands owned by the Owner which are affected by this Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands"; B . The Owner represents and warrants that it is the registered Owner of the Lands and te "Road Lands" (as hereinafter defined) in fee simple absolute subject to the mortgage ft}ferred to in Recital c; I C The Owner represents and warrants that the Mortgagee is the only mortgagee or chargee f the Lands and the Road Land; D The Owner has received the approval of the Regional Municipality of Durham, (h reinafter called the "Region") draft Plan of Subdivision 18T-88022 of the Lands subject to c, mpliance with certain conditions thereto including the making of Subdivision Agreemen with the Region and the Town, respectively; -' Page 7 ... E The Owner has applied to the Region for approval of a final Plan of Subdivision of the Lands and to the Region and tbe Town, respectively, for the making of the aforesaid Subdivision Agreements; F The Owner represents and warrants that it bas or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and Services"; G- The Owner represents and warrants that it will enter into Agreements with the Region and the Town to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T -88022; H This Agreement is made pursuant to the provisions of Subsection 50(6) of the Planning Act, 1983 and is authorized by By-Law 91-98 passed on June 24, 1991; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1. INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Act" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (b ) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (c) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (d) . "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. ." Page 8 ... (e) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (f) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of this Agreement. (g) "Commissioner" means the Commissioner of Planning of the Regional Municipality of Durham. (h) "Cost Sharing Report" means the "Cost Sharing Report" referred to in Schedule "0" of this Agreement. (i) "Council" means the Council of The Corporation of the Town of Newcastle. (j) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (k) "Development Charge By-law" has the meaning assigned to it in paragraph 3.4(2) of this Agreement. (1) "Development Levies" has the meaning assigned to it in Schedule "D" of this Agreement. (m) "Director" means the Director of Public Works of the Town of Newcastle or his designated representative. (n) "Director of Community Services" means the Director of Community Services of the Town of Newcastle or his designated representative. (0) "Director of Planning" means the Director of Planning and Development of the Town of Newcastle or his designated representative. (P) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (q) "Glenabbey Restoration" has the meaning assigned to it in Schedule "E" of this Agreement. (r) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. .... Page 9 (s) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (t) "Lands" has the meaning assigned to it in Recital A of this Agreement. (u) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this Agreement. (v) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. (w) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (x) "Minister" means the Minister of Municipal Affairs, Ontario. (y) "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (z) "Net Capital Cost" has the meaning assigned to it in paragraph 4.11(15) of this Agreement. (aa) "Oke Road and Glenabbey Drive Reconstruction Works" has the meaning assigned to it in paragraph 5.27(1) of this Agreement. (bb) "Oke Road Restoration" has the meaning assigned to it in Schedule "E" of this Agreement. (cc) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. (dd) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (ee) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (ff) "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, ~. Page 10 (gg) "Owner's Engineer" means a professional Civil Engineer, registered by the Association of Professional Engineer of Ontario. (hh) "Penwest Park" has the meaning assigned to it in paragraph 4.11(1) of this Agreement. (ii) "Park Letter of Credit" has the meaning assigned to it in paragraph 4.11(7) of this Agreement. (jj) "Park Maintenance Guarantee" has the meaning assigned to it in paragraph 4.11(9) of this Agreement. (kk) "Park Site Master Plan" has the meaning assigned to it in paragraph 4.11(1)of this Agreement. (ll) "Phase 1 of the Development of the Lands" means the development of the portion of the Lands which is within the draft 10M plan of subdivision, a copy of which is contained in Schedule "B". (mm) "Phase Subsequent to Phase 1 of the Development of the Lands" means the development of the whole or any portion of the Lands which are located within draft Plan of Subdivision 18T-88022 contained in Schedule "B" after the 10M Plan of Subdivision contained in Schedule "B" has been registered against the title to the portion of the Lands to which it applies, and if the first "Phase Subsequent to Phase 1 of the Development of the Lands" includes only a portion of the Lands, the term "Phase Subsequent to Phase 1 of Development of the Lands" means the development of each portion of the Lands which is within a separate 10M Plan of Subdivision which is registered against the title of the portion of Lands to which it applies. (nn) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (00) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (Pp) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (qq) "Region" shall mean the Corporation of the Regional Municipality of Durham. .. .- Page 11 (rr) "Reconstruction Work" has the meaning assigned to it in Schedule"G" of this Agreement. (ss) "Road Land" has the meaning assigned to it in Schedule "Y" of this Agreement. (tt) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (uu) "Services" has the meaning assigned to it in paragraph 4.11(15) of this Agreement. (vv) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (ww) "Solicitor" means the Solicitor for the Town. (xx) "Storm Sewer Work" has the meaning assigned to it in Schedule "P" of this Agreement. (yy) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (zz) "Stormwater Dentention Work" has the meaning assigned to it in Schedule "G" of thei Agreement. (aaa) "10M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. (bbb) "Town" means The Corporation of the Town of Newcastle or any official, designated by Council to administer the terms of this Agreement. (ccc) "Treasurer" means the Treasurer of the Town of Newcastle or his designated representative. (ddd) "Tributary Stormwater Management Works" has the meaning assigned to it in paragraph 5.27(11) of this Agreement. (eee) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (fff) "Water Quality Work" has the meaning assigned to it in Schedule "0" of this Agreement. .. Page 12 .' (ggg) "Working Drawings and Specifications" has the meaning assigned to it in paragraph 4.11(2) of this Agreement. (bhh) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (ill) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and the masculine includes the feminine. 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: "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 Tbereor "Works Required" "Staging Plan" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost Estimates" "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" Not Used "Oversized and/or External Services" "Financial Contributions for Certain External Works" Schedule "A" Schedule "B" Schedule tIC' Schedule "0" Schedule "E" Schedule "P Schedule "G" Sche(jtule "G-l" I Schefu. Ie "H" Sche1ule "I" Schedule "J" Schedule "K" Page 13 .- Schedule "Q" Schedule "R" Schedule "S" Schedule "T' Schedule "un Schedule "V" Schedule "W' Schedule "X" Schedule "Y" "Conservation Authority's Work" "Engineering and Inspection Fees" "Region's Conditions of Approval" "Tree Preservation Plan" "Landscaping Plan" (reduction) Not Used "Architectural Control Standards" Not Used "Legal Description of Road Land" ARTICLE 2. GENERAL 2.1 Recitals in Operative Part or Aveement The Owner represents and warrants to the Town that each of Recitals A to G of this Agreement is correct. 2.2 Certification or Ownership (1) On the date of execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the Lands and the Road Land and setting out the names of all persons having interests in the Lands and the Road Land and the nature of their interests. (2) On the date of execution of this Agreement, the Owner shall provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of any land outside the limits of the said Lands, which is to be conveyed to the Town or in which easements are to be transferred to the Town pursuant to the terms of this Agreement. 2.3 Copy of Plan and A&reements Required Subject to paragraph 2.12 hereof, at the time of the execution of this Agreement, the Owner shall provide the Town with as many copies as the Town requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The draft final Plan of Subdivision as proposed by the Owner (the "10M Plan") is contained in Schedule "B" attached hereto. The Owner shall also furnish to the Town at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and ." Page 14 Agreement has been executed by the Parties thereto at the time of the execution of this Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall provide the Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Town, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with the Newcastle Hydro- Electric Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Town with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. 2.4 Transfer of Easements (1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town the executed transfers of easements which are set out in Schedule "E" and shall pay to the Town in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions, shall be made for a nominal consideration, shall contain provisions satisfactory to the Town's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a building permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company for Town purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes, the Owner agrees to transfer to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such furtber easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Town, the Region of Durham, the Newcastle Hydro-Electric Commission, or other appropriate authority or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with Page 15 .& all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2) 2.5 Transfer of Lands On the date of execution of this Agreement, the Owner shall deliver to the Town executed transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all encumbrances and restrictions, of the lands set out in Schedule "F hereto and shall pay to the Town in cash or by certified cheque an amount of money which is equal to any tax, fee, Or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 Transfer of Land for Portion of Oke Road On the execution of this Agreement, the Owner shall deliver to the Town, an executed transfer of the land more particularly described in Schedule "Y" hereto (the "Road Land") in fee simple absolute free and clear of all encumbrances and restrictions for the purpose of realigning thereon of the adjacent portion of Oke Road. Any tax, fee or cost which is required to be paid at the time of or which is occasioned by or results from the making of the aforesaid Transfer shall be deposited by the Owner with the Town in cash or by certified cheque on the execution of this Agreement. Such deposited monies may be disbursed by the Town to pay any such tax, fee or cost. The Transfer shall contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.7 R~stration of Transfers The transfers of easements and lands referred to in paragraphs 2.4, 2.5 and 2.6 shall be prepared by the Owner and shall be registered at the Owner's expense, at the same time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the registered number of the Plan shall be left blank and the Owner hereby authorizes the Town to insert such Plan number after registration of the Plan. 2.8 Postponement of Mortaalle and Road Mortaaae l. 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 .~ Page 16 Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the Mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Town, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Town's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Town. 2.9 Lands for School PulpOses (1) On or prior to the execution of this Agreement, the Owner shall deposit with the Town, a letter from each and every School Board having jurisdiction over the said 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) comprising 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 exercise the option hereby granted by giving written notice to the Owner prior to the expiry of sixty (60) days after the 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. 2.10 Char&e on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. 2.11 Redstration of A&reeD:lent The Owner and the Mortgagee hereby consent to the registration of this Agreement or a notice thereof against the title to the Lands and the Road Land, respectively. Neither the Owner nor the Mortgagee will register, permit or"suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished ... .' .- Page 17 hereunder have first been registered against the title to the Lands or the appropriate portion(s) thereof, as the case may be. Without derogating from the foregoing, the Owner and the Mortgagee also hereby consent to the registration of an inhibiting order(s) against the title to the Lands or the relevant portion(s) thereof as the case may be, in order to give further effect to the foregoing. 2.12 {ten~tiation and Amendment of A&reement (1) Following the occurrence of any of the events set out below in this paragraph 2.12 (the "Renegotiation Eventstt), the Town may give written notice to the Owner requiring that particular provisions of this Agreement specified in tbe 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 whicb such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events are the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Town considers to be substantially different from the 10M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between the Owner and the Region, in the opinion of the Town, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; . Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement, the Owner and the Town will renegotiate -' Page 18 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 2.12(1), none of the Parties hereto may make any claim against the Town for damages for any loss or cost or make any claim against the Town for compensation in respect of any of the Works, whether located in whole or in part on land in which the Town has an interest. Notwithstanding the foregoing, the Owner and the Town expressly agree that the covenants and agreements contained in paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 of this Agreement will survive the termination of this Agreement pursuant to paragraph 2.12(2) and paragraphs 3.8, 5.17, 5.19, 5.20 and 5.21 of this Agreement and shall continue to bind the Owner and may be enforced by the Town in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.12(1) from time to time by mutual agreement, the Parties hereto may amend the terms of this Agreement and any of the Schedules, but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each Party. 2.13 Town to Act Promptly Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town Director is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization, permission or approval shall be made promptly in all respects and the Town and its officials shall act reasonably. I 2.14 ~ment of A,reement The bwner shall not assign this Agreement without prior written consent of the Town. For greater certainty, any assignment which is made contrary to this paragraph 2.14 does not r ieve a subsequent Owner of the Lands of any of his obligations under this Agreement. Page 19 .. 2.15 Replacement of Draft Plan with Final Plan(s) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a red-lined copy of draft Plan of Subdivision 18T-88022 has been approved by the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and street(s) shown on such red-lined draft Plan of Subdivision. The 10M Plan proposed by the Owner is also contained in Schedule "BtI. (2) On a final Plan of Subdivision implementing Plan 18T-88022 approved pursuant to the Planning Act, 1983 being registered against the title to anyone (1) or more portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 1ST-88022 for the purposes of this Agreement. All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Schedules "B", tiE", "F', "G", "N", "0", "P" and "Q", in order to replace the descriptions and references to the red- lined draft Plan of Subdivision 18T-88022 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.16 Notification of Owner and Road Mortlalee H any notice or other document is required to be or may be given by the Town or by any official of the Town to the Owner or to the Road Mortgagee under this Agreement, such notice shall be mailed by frrst class prepaid post or delivered to: The Owner: 708545 Ontario Limited 390 Bay Street Suite iItL.l11 0 @ Toronto, Ontario MSH 2Y2 or such other address of which the Owner as the case may be, 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. 2.17 Successors This Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. Page 20 .- 2.18 Lot/Block Reference Numbers Subject to paragraph 2.12 of this Agreement, for the purposes of this Agreement, all references to lot(s), block(s), 0.3 metre reserves, and road widenings reflect the numbering and identification of each as shown on draft Plan of Subdivision 18T-88022, as approved by the Commi~ioner of Planning on October 23, 1990. ARTICLE 3. FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the Owner shall pay all municipal taxes outstanding against the Lands, as set out in Schedule tIC' hereto. In addition, the Owner shall pay any municipal taxes which may become due in respect of the whole or any one or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 Payment of Local Improvement Chal'Jes Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule tIC' hereto. Such charges shall include the Town's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 Payment of Drainaee 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.l26, and the Tile Drainage Act, R.S.O. 1980, c.500 against the Lands, as set out in Schedule "C' hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 P~ent 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 sh~l pay all remaining Development Levies assessed against such 10t(s) or block(s). .- Page 21 (2) Without derogating from paragraphs 4.11(15) and 5.27(2), the Parties acknowledge and agree the provisions of this Agreement, including but not limited to, paragraph 3.4 and Schedules "n", "G" and "P" are not intended nor shall they be considered to have the effect of exempting the Owner in whole or in part from, or making inapplicable to the Owner, or making inapplicable in respect of the development of the Lands, a development charge that after the date of this Agreement may be imposed by the Town by passing a By-law (the "Development Charge By-law") under the Development Charges Act, 1989 (the "Act"), and none of them shall be used as a justification for or the basis of granting the Owner a credit of any amount in determining the development charge payable by the Owner under such By-law and Act. Further, without limiting the generality of the foregoing, it is understood and agreed by the Parties, that the Owner's agreement to pay Development Levies pursuant to paragraph 3.4(1) and Schedule "0" in respect of the development of the Lands or any part thereof is not intended by the Parties and shall not have the effect of limiting the Owner's obligation to pay only that portion of a development charge otherwise imposed by a Development Charge By-law which is not in excess of the amount of the Development Levies on the date of issuance of any building permit under the Ontario Building Code Act for a dwelling(s) 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. 3.5 Not Used 3.6 Performance Guarantee Required Except as otherwise provided in this Agreement, prior to the date of issuance of any Authorization to Commence Work, the Owner shall deposit with the Town, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act, acceptable to the Town's Treasurer, and containing terms satisfactory to the Town's Treasurer. 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 as well as the performance by the Owner of its obligations under paragraphs 4.11 and 5.13(2). Such cash deposit or letter of credit shall be in an amount equal to the "Works Cost Estimate" with respect to the Lands for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an Authorization Application has been made by the Owner plus the amount of the "Park Letter of Credit" (as hereafter defined) which is required by paragraph 4.11. (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".) .. Page 22 .. 3.7 Use or Performance Guarantee From time to time the Town may appropriate the whole or anyone or more portions of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate shall not exceed the amount(s) required to remedy the Owner's default at the date of the appropriation. Forthwith after making each such appropriation, the Director shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount(s) required by this Agreement. 3.8 Indemnification or Town (1) The Owner shall defend, indemnify and save the Town harmless from and against all actions, claims, liabilities, losses, damages and expenses including reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction, and/or installation of the Works provided for in this Agreement. (2) The Owner shall continue to indemnify and save harmless the Town as provided in paragraph 3.8(1) notwithstanding the issuance of a Certificate of Release to the Owner and notwithstanding any arrangements that may be made by the Town with any person respecting any of the matters indemnified against under this Agreement. (3) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Town to do or refrain from doing any act or making any recommendation necessary for the Owner to achieve approval of the final Plan of Subdivision of the Lands and its registration against the title to the Lands. 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement on or prior to the execution of this Agreement and thereafter in accordance with Schedule "K". 3.10 Maintenance Guarantee Required (1) From the date of issuance of a Certificate of Completion of the Works or any of them, until the date of issuance of a Certificate of Acceptance of such Works, the Owner agrees with the Town to promptly correct, remedy, repair or replace any portion or component of such Works that the Director determines to be defective or deficient having regard to the provisions of th,is 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. .' Page 23 ." (2) Prior to the date of issuance of a Certificate of Completion of the Works or any of them, the Owner will deposit with the Town cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or "B" of the Bank Act acceptable to the Town's Treasurer which contains terms satisfactory to the Town's Treasurer (the "Security for the Maintenance Guarantee"). The Security for the Maintenance Guarantee shall be in an amount not less than fifteen (15%) percent of the cost of the Works in question referred to in Schedule "J" hereto. In the event that the Owner fails to perform the Maintenance Guarantee, the Town may correct, remedy, repair or replace the defective or deficient Works, portion of Works or component thereof and appropriate the whole or any part of the Security for the Maintenance Guarantee as is necessary to indemnify the Town in respect of the cost of doing so. (3) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works covered by the Certificate of Completion referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for the following Works as set out below: (1) "Storm Sewer System" (as hereafter defined) including the Storm Sewer Work: a minimum of two (2) years commencing upon the date of issuance of the Certificate of Completion for the Storm Sewer System and terminating upon the date of issuance of the Certificate of Acceptance for the Storm Sewer System. (2) Roads and Above Ground Services: a minimum of two (2) years from the date of issuance of the Certificate of Completion for the Roads and Above Ground Services and terminating upon the date of issuance of the Certificate of Acceptance for the Roads and Above Ground Services. (3) "Tributary Stormwater Management Works" (as hereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for these Works and terminating on the date of issuance of a Certificate of Acceptance of them. (4) "Stormwater Detention Work" and "Water Ouality Work" (as hereafter defined): a minimum of four (4) years commencing on the date of issuance of the Certificate of Completion for these Works and terminating on the date of issuance of the Certificate of Acceptance of them. Page 24 .- 3.11 Use of Maintenance Guarantee From time to time, the Town may appropriate the whole or any part of the Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner to the Town under this Agreement. The amount(s) of such appropriation shall not exceed the cost as determined by the Director of correcting the deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith, after the Town makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. 3.12 ReQJlirements for Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Owner. The maximum reduction that may be permitted to be made by the Director is to an amount equal to the value of the uncompleted Works and the other facilities and improvements, as determined by the Director, plus fifteen (15%) percent of the value of the completed Works, facilities and services, also determined by the Director having regard to the Progress Certificate prepared by the Owner's Engineer in respect of the completed Works if such has been submitted to the Town by the Owner. (2) The Owner will not require the Town to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) a Certificate of Completion has been issued for the Works for which such Performance Guarantee is required under this Agreement; (b) the Owner has deposited with the Town, the Maintenance Guarantee applying to the Works for which the Performance Guarantee was required; and (c) the Town is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims to such Works. ." Page 25 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 tbe following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Town is satisfied that there are no outstanding claims relating to such Works. (c) The Town has received the as-built drawings for such Works from the Owner. 3.14 Payment of Town's Costs (1) On the execution of this Agreement the Owner shall reimburse the Town for all reasonable, legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement and the reasonable cost of all legal services contemplated by the terms of this Agreement, which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate(s) of Release, provided that services have actually been performed for the Town. (2) 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). Page 26 .- 3.15 Unpaid Monies Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall be calculated and be paid by the Owner to the Town on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same time as is the case with Town taxes which are in arrears at the date on which the default in question commences. There shall be added to the interest so calculated and payable, an amount which is equal to the late payment charge which may be added to Town tax arrears payable by a ratepayer of the Town at the date on which the default in question commences. 3.16 Occupancy Permit DeJ)osit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner shall deposit with the Town an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act acceptable to the Town's Treasurer, in the amount of fifteen thousand ($15,000.00) dollars (the "Occupancy Permit Deposit") to secure the performance ofthe Owner's covenant to the Town that occupancy of any dwelling(s) within Phase 1 of the Development of the Lands will not take place before an "Occupancy Permit" (defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit shall contain terms satisfactory to the Town's Treasurer. In the event that occupancy of dwelling(s) occurs before the date of issuance of an Occupancy Permit contrary to the provisions of paragraph 4.10, the Town may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Town to comply with the requirements of paragraph 4.10 on the Owner's behalf and at the Owner's cost. In the event that the Town so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it is given written notice of the amount of the appropriation, the Owner shall restore the Occupancy Permit Deposit to the full amount of fifteen thousand ($15,000.00) dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner at such time as the last dwelling which may be constructed on Phase 1 of the Development of the Lands is permitted to be occupied pursuant to an Occupancy Permit. H a letter of credit is deposited as the Occupancy Permit Deposit, the Town agrees to permit the Owner or a purchaser of a lot(s) or block(s) on the 10M Plan contained in Schedule "B" to replace the letter of credit from time to time, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). ,Following any such permitted replacement of a letter of credit, the Town will return the replaced letter of credit to the Owner or to the person for whom it was issued, as may be appropriate. Page 27 ." (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the following "Occupancy Permit Scale" of the Town which is current on the date of execution of this Agreement: up to 50 lots 51 to 100 lots 101 to 250 lots 251 to 500 lots over 500 lots $10,000.00 $15,000.00 $20,000.00 $30,000.00 $50,000.00 The Owner agrees with the Town that the Town in its discretion may amend its Occupancy Permit Scale from time to time. (3) Prior to the issuance of a building permit for the first dwelling proposed to be constructed in each Phase Subsequent to Phase 1 of the Development of the Lands, the Owner will deposit with the Town an Occupancy Permit Deposit in the amount produced by applying the Town's Occupancy Permit Scale which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Town to the number of lots within the Phase in question. The provisions of paragraph 3.16(1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase 1 of the Development of the Lands, with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 3.16(3). ARTICLE 4. PLANNING 4.1 Not Used 4.2 Landscapine Plan and Landscapine Requirements (1) Prior to the issuance of any Authorization to Commence Works located within Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a "Landscaping Plan" (as hereinafter defined) 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 iandscape architect shall prepare a draft landscaping plan for Phase 1 of the Development of the Lands showing, amongst other things, boulevard road areas and vegetation, and trees to be planted thereon. The draft landscaping plan .' Page 28 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 for Phase 1 of the Development of the Lands has been settled to the satisfaction of the aforesaid Directors and approved by them, it is the "Landscaping Plan" for such Phase for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for Phase 1 of the Development of the Lands for the purposes of this Agreement. (4) Prior to the date of issuance of any Authorization to Commence Works which are located within a Phase Subsequent to Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning and the Director of Public Works to a draft Landscaping Plan for each such subsequent Phase, and the provisions of paragraph 4.2(1) shall apply with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.2(4). (5) The Owner agrees that its cost to satisfy the following requirements: (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to be sodded/seeded, as may be required by the Director of Planning, within one (1) year of occupancy of the dwellings; (b) a minimum of one (1) tree per lot shall be planted on the street allowances in accordance with the provisions of this paragraph 4.2(5) and the Landscaping Plan for Phase 1 of Development of the Lands or the relevant Landscaping plan for each Phase Subsequent to Phase 1 of the Development of the Lands, as the case may be; (c) all trees shall be a minimum of three point five (3.5) m in height and six (6) em in calliper, staked and bagged; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Town's landscaping design criteria and the relevant Landscaping Plan; (e) fencing shall have a minimum height of one point eight (1.8) metres. Chain- link fencing is not permitted except in areas abutting walkways and then only in accordance with the Town's landscapin,g design criteria and the relevant Landscaping Plan; and Page 29 ." (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. (6) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan for Phase 1 of the Development of the Lands and the relevant Landscaping Plan for each Phase Subsequent to Phase 1 of the Development of the Lands expeditiously during the construction of dwellings on the portion(s) of the Lands in the Phase in question. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Town at the Owner's cost. Without limiting the Town's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Town that the Town may appropriate a portion of the Performance Guarantee to indemnify the Town in respect of the cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. Forthwith, after the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to the amount required by this Agreement. 4.3 Use of Lands The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for Buildine The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule"N" hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the Director of Public Works and/or any other authority having jurisdiction in respect of the matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a condition acceptable to the Director of Planning. 4.5 Not Used 4.6 Requirements for Buildine Permits None of the executiOn of this Agreement by the Town, the approval by the Town of the 10M Plan, a final Plan of Subdivision either for Phase 1 of the Development of the .... Page 30 Lands or for any Phase Subsequent to Phase 1 of the Development of the Lands, and the issuance of any Certificate of Acceptance of Works constitute a representation or covenant by the Town to any person, nor shall be taken to give any assurance to the Owner or to any other person that building permits for buildings proposed to be constructed on any portion of the Lands when applied for, will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause or permit an application to be made by any person for a building permit for a building proposed to be constructed on any of the Lands, made until the following requirements are satisfied: (a) all easements for the purposes of the Town, the Region of Durham or the Newcastle Hydro-Electric Commission or for the purpose of Utilities and Services referred to in Schedule "H", or for the purpose of drainage in the lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to the appropriate person as required by this Agreement; (b) all the roads which are required to be constructed to provide access to the proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s); (c) all of the Works required to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the satisfaction of the Director; (d) all of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the Newcastle Hydro-Electric Commission and/or the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Town has received written confirmation from such Commission, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it or tfy may draw to payor to reimburse itself (themselves) in respect of the costs of thf design, construction and installation of such Utilities and Services if the Owner fails ~o construct and install them; I (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 mylar copy of such registered Plan of Subdivision forthwith after it is made avail ble to the Owner by appropriate Land Registry Office); ~ .- -- Page 31 (f) the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s) or block(s) for which application is made for a building permit; (g) the Owner has deposited with the Town the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good stan~g; (h) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the conditions with respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement; (i) if the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site Plan Agreement under Section 40 of the Planning Act, 1983 with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement; (j) the Performance Guarantee and in all cases required by this Agreement, the Security for the Maintenance Guarantee provided for in this Agreement have been deposited with the Town and are in good standing; (k) the applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan and the Lot Grading Plan approved by the Director for the particular lot(s) or block(s) as well as with the Town's Design Criteria and Standard Detail Drawings; (1) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands; (m) (i) the Owner has constructed access routes to the subdivision in satisfaction of the requirements of Subsection 3.2.5.2(6) of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced; 00 Page 32 .0 (ii) the Owner has agreed with the Town that during construction of the building pursuant to the building permits which have been applied for fire access routes will be maintained continuously as required by Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste will be maintained in accordance with Subsection 2.4.1.1 of the Ontario Fire Code, and open burning will not occur contrary to Subsection 2.6.3.4 of the Ontario Fire Code; (ill) the Owner has agreed with the Town to comply with the Ontario Fire Code with respect to Combustible Waste (Subsection 2.4.1.1) and Open Burning (Subsection 2.6.3.4); (iv) the Owner has agreed with the Town to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto Home Builder's Association in respect of construction of dwellings; (n) the Owner has provided written confirmation that all dwelling(s) to be erected on the Lands in which the lot(s) or block(s) in question is located, satisfy the Architectural Control Standards contained in Schedule "W' hereto; and (0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement. 4.7 Model Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the Lands, provided that: (a) each such application is in conformity with all By-laws of the Town, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Town as is required by law and this Agreement; (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; .' Page 33 (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. H such model home(s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Town may have under this Agreement, a statute, a regulation, or a by-law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Town that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Town harmless and indemnify the Town from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees, which arise by reason of construction and/or use of such model home(s), and the provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). 4.8 Architectural Control Standards All dwellings to be erected shall satisfy the Architectural Control Standards as contained in Schedule "WI hereto. 4.9 Requirements for Sale of Lands and Road Land Without derogating from any other provision of this Agreement the Owner shall not sell anyone or more portions of the Lands or the Road Land until each of the following conditions is satisfied: (a) the transfers referred to in paragraphs 2.4, 2.5 and 2.6 have been registered in accordance with paragraph 2.7; Page 34 ." (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 Hydr()oElectric Commi~ion, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Town, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefor is given to the Owner; (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Town to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credits required by this Agreement have been deposited with the Town and all letters of credit deposited with the Town are in good standing; and (e) the Owner has included in the Agreement to purchase the Lands or the lot(s) or block(s) on the Plan which is entered into by the prospective purchaser(s) as the case may be, a notice that the Lands are subject to the covenants and obligations set forth in this Agreement, and without limiting the generality of the foregoing, are subject to the provisions of 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 ." Page 35 the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; ,(c) all of the Utilities and Services, with the exception of telephone and cable T. V., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written satisfaction of the Director, the Newcastle Hydro- Electric Commission or the authority or company having jurisdiction over such Utilities and Services, as is appropriate; (d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; (e) either the Owner's Engineer has provided the Director with his written certification that the lot(s) or block(s), on which such building is located has been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to vary the requirements of the Grading and Drainage Plan with respect to the lot(s) or block(s) in question; and (t) 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( 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(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(e) within one (1) year from the date of the commencement of the temporary occupancy of the dwelling pursuant to a Temporary Occupancy Pepnit Until such written certificate is provided to the Town, the Town may retain' the OccuPaI\CY Permit Deposit provided for by paragraph 3.16 of this Agreement Page 36 .' 4.11 Requirements for Park (1) Not later than the expiry of the forty-five (45) day period following approval of draft Plan of Subdivision 1ST -88022 pursuant to Section 50 of the Planning Act, 1983, and in any event prior to the issuance of the Authorization to Commence Works pursuant to paragraph 5.10 of this Agreement, the Owner shall prepare and submit to the Director of Community Services for his approval a concept plan for the development of Block 54 on the 10M Plan, (called for the purposes of this Agreement, "Penwest Park"). The aforesaid master plan for the development of the Pen west Park is called the "Park Site Master Plan. The Park Site Master Plan shall show the location of all active and passive recreation areas, facilities and equipment, vegetation including trees, landscaping, accesses, adjacent proposed uses and such other features that are directed to be included in it for the Penwest Park by the aforesaid Director by written notice given to the Owner. (2) Not later than the expiry of the forty-five (45) day period following the day on which the Director of Community Services gives written notice to the Owner that he has approved the Park Site Master Plan with any modifications thereto that the Director considers to be appropriate, the Owner will prepare and submit for the aforesaid Director's consideration and approval a detailed park layout plan, a play area layout plan, a grading plan, vegetation and tree planting plan, plumbing and irrigation plan, a plan providing for the construction and installation of other necessary services including drainage and electrical services, a furniture, equipment and fixtures plan, any necessary shop drawings, detailed specifications, and a construction and installation schedule for and respecting Penwest Park, all of which shall be prepared to standards and have a form and content satisfactory to the aforesaid Director. (These plans, drawings and specifications collectively are called the "Working Drawings and Specifications"). (3) The Owner shall not commence construction and installation of Penwest Park until the Director of Community Services has given the Owner written notice that he has approved the Working Drawings and Specifications, with or without such changes as the Director may require to be made to them or any of them. (4) Not later than the day preceding the day on which the Director of Community Services gives written notice to the Owner that he has approved the Working Drawings and Specifications and authorizes the Owner to commence construction and installation of Penwest Park in accordance therewith, the Owner shall obtain the insurance required by paragraph 4.11(13) and deposit with the Town's Treasurer a certificate that such insurance has been obtained before such construction and installation is commenced. The Owner in good faith shall commence and proceed to complete Penwest Park with reasonable expedition in accordance with the .. ." Page 37 approved Working Drawings and Specifications so that the construction and installation of the Pen west Park will be completed no later than October 31, 1992. (5) The Owner agrees with the Town that at no time before or after the commencement of the construction and installation of Penwest Park shall the Owner store or cause to permit any other person to store topsoil and/or building materials on any portion of Block 54 on the 10M Plan. The Owner will keep Block 54 on the 10M Plan in clean condition at all times during the construction and installation of Penwest Park and until it is accepted by the Town in accordance with paragraph 4.11(8). (6)-The provisions of paragraph 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 5.18, 5.20, 5.24, 5.25 and 5.26 of this Agreement shall apply in respect of the construction and installation, and the completion and acceptance of Penwest Park, with all necessary changes to such paragraphs being considered to have been made to give effect to the intent of paragraph 4.11. (7) The Parties acknowledge that the current estimated cost of the construction and installation of Penwest Park is two hundred and sixty-eight thousand, seven hundred and seventeen ($268,717.00) dollars. Prior to the issuance by the Town's Chief Building Official of a building permit for the first dwelling proposed to be constructed on any of the Lands within the Plan, the Owner shall deliver to the Town's Treasurer an unconditional and irrevocable letter of credit in the amount of two hundred and sixty-eight thousand, seven hundred and seventeen ($268,717.00) dollars (the "Park Letter of Credit") issued by a bank listed in Schedule "A" or Schedule "B" of the Bank Act and acceptable to the Town's Treasurer. The letter of credit shall contain terms satisfactory to the Town's Treasurer. On the day following the day on which the Director of Community Services gives written notice to the Owner that Penwest Park has been completed in accordance with the approved Working Drawings and Specifications, the amount secured by the Park Letter of Credit may be reduced to such lower amount as may be considered by the aforesaid Director, in consultation with the Town's Treasurer, to be sufficient to provide adequate security to the Town that the Performance Guarantee for Penwest Park will be performed by the Owner from the date of the aforesaid notice of completion until written notice is given to the Owner that Penwest Park has been accepted by the Town in accordance with paragraph 4.11(8). The Park Letter of Credit is deemed to be a Performance Guarantee and a security for the Maintenance Guarantee for Penwest Park. (8) The Owner agrees with the Town that Penwest Park shall not be accepted or deemed to be accepted by the Town until (1) the Director of Community Services has given the Owner written notice that the construction and installation of the Penwest Park in accordance with the approved Working Drawings and Specifications .' (9) (10) (11) (12) Page 38 has been completed, and (2) after the later to expire of the components of the "Park Maintenance Guarantee" (as hereafter defined) to expire, the Town has given the Owner written notice that the Town has accepted Penwest Park. The Owner agrees to replace at its cost any vegetation or trees which die or deteriorate significantly in quality in the opinion of the Director of Community Services at any time during the period of one (1) year following the day on which the vegetation or trees in question are planted. In each case the replacement shall be installed as soon as is reasonably practicable after the aforesaid Director gives written notice to the Owner requiring it to do so. The Owner also agrees to correct any deficiencies or defects or defaults in respect of the installation of any fixtures, furniture, equipment, installations and/or services which are or should have been constructed or installed by the Owner on Penwest Park in accordance with" the approved Working Drawings and Specifications and in respect of which the aforesaid Director gives the Owner written notice of a deficiency, defect or default, provided that a deficiency or defect shall be corrected or remedied by the Owner forthwith after written notice thereof is given to the Owner by the aforesaid Director. The Owner's responsibility to correct a deficiency or defect a fixture, furniture or equipment terminates one (1) year following the completion of the installation of the fixture, furniture or equipment in question. (The Owner's covenants under this paragraph 4.11(9) in respect of both its components of (1) vegetation and trees and (2) defects and deficiencies are called the "Park Maintenance Guarantee"). With regard to insurance in respect of the construction and installation of the Penwest Park, the provisions of Schedule "K" to this Agreement shall apply with all necessary thereto being considered to have been made to make them applicable in respect of the construction and installation of Penwest Park and performance of the Park Maintenance Guarantee, provided that the aforesaid insurance shall be maintained until the Director of Community Services gives the Owner written notice pursuant to paragraph 4.11(8) that the Town has accepted the construction and installation of Penwest Park. I i The provisions of Schedule "L" to this Agreement shall apply in respect of the cons~ruction and installation of the Penwest Park with any necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 4.11. er agrees with the Town that the construction and installation of Penwest Par . with the exception of the plumbing, drainage and the irrigation systems, shall at al~ times be under the supervision of a qualified landscaped architect or qualified arc . ect approved by the Director of Community Services, who shall be retained by the er and who shall provide the aforesaid Director with his certificate that .. Page 39 Penwest Park has been constructed and installed in accordance with the approved Working Drawings and Specifications forthwith after he is of the opinion that the construction and installation of Penwest Park has been completed. (13) The desi~ construction and installation of the plumbing, drainage and irrigation systems shall be under the supervision of the Owner's Engineer who shall provide the aforesaid Director with his certificate that the plumbing, drainage and irrigation systems of Penwest Park have been completed in accordance with the approved Working Drawings and Specifications forthwith after he is of the opinion that they have been so completed. (14) The provisions of paragraphs 3.6,3.7,3.9,3.10,3.11 and 3.12 of this Agreement shall apply with the necessary changes thereto considered to have been made to give effect to the intent of this paragraph 4.11. (15) The Parties hereto understand and agree that nothing contained in paragraph 4.11 shall constitute a covenant by the Town to pass or not to pass a Development Charge By-Law under the provisions of the Development Charges Act, 1989. The Owner agrees with the Town that the Owner will not take any step to seek an exemption from the Town's Development Charge By-law if passed, or to seek or claim a reduction of or a credit in respect of the amount of the development charge imposed by the By-law which in any way is based on the expenditures made or to be made by the Owner in respect of the Penwest Park. 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 dermed in the Act), that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to such By- law, or complain under the Act of the development charge imposed by the By-law, or the amount that the Owner or any other person will be required to pay in respect of development of the whole or any portion of Land on the ground that the cost of Penwest Park has been provided by the Owner, or such cost has been provided for in this Agreement, or 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. 4.11 Special Conditions (1) During any construction on the Lands the Owner shall maintain fire access routes to the satisfaction of the Town's Fire Chief. .' Page 40 (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) Any deadends and/or open side of road(s) allowances shown on the draft Plan of Subdivision 18T-88022 shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Town. Paragraphs 2.5 and 2.7 apply in respect of such transfers with all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(3). (4) 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". .. Page 41 .- 5.3 Owner's Enlineer 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 "1". 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 and Associates Ltd. has been retained as the Owner's Engineer. 5.4 Desip of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with the Town's Design Criteria and Standard Detail Drawings. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by the Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineering Drawings and obtain all approvals for the construction and installation of the Works, as required by this Agreement. (3) On the execution of this Agreement, the Owner, at its expense, shall transfer to the Town any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes to being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Town's Solicitor. At the time of delivery of each transfer of land to the Town, the Owner shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to the lands to which it applies. 5.s Approval of Enlineerine Drawines Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of aU necessary drawings of the Works (the "Engineering Drawings"). U 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 ." Page 42 "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this Agreement, and thereafter all Works shall be constructed and installed in accordance with them. 5.6 Approval of Gradinl 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 Sta&ine of Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that the Owner prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Public Works and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Public Works and the Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in accordance with such approved Staging Plan and any amendment which may be approved thereafter by the Director of Planning and the Director of Public Works. The Staging Plan for the purposes of this Agreement is the Plan contained in Schedule "G-l" attached hereto provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to time with the written approval of the Director.., Page 43 .- 5.8 Approval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain the written approval of the Director of a draft schedule (the "Schedule of Works") which sets out the time at which, and the sequence in which, the Owner proposes to construct and install each of the Works, Utilities and Services which are required to be constructed and installed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the construction and installation of the Works is to be staged in accordance with the Staging Plan, prior to the date of issuance of the Authorization to Commence Works for each stage provided in the Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works, Utilities and Services in such stage in compliance with the approved Schedule of Works, and any amendment(s) thereto which may be approved by the Director. 5.9 AllProval of Works Cost Estimates and Staee Cost Estimates Prior to the issuance of any Authorization to Commence Works, the estimated cost of construction and installation of the Works, (the "Works Cost Estimates"), shall be approved by the Director and entered in Schedule "J" hereto. In addition, if a Staging Plan has been approved pursuant to paragraph 5.7, the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be approved by the Director and entered in Schedule "J" prior to the issuance of an Authorization to Commence Works in that stage. 5.10 Requirements for Authorization to Commence Works (1) The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, (the "Authorization to Commence Works"). The Owner shall only commence the construction and installation of those Works permitted by the Authorization to Commence Works. In addition to satisfying 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 pursuant to the Planning Act, 1983; (b) the final Plan of Subdivision of the Lands has been registered against the title to the Lands; ." Page 44 (c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as registered against the title to the Lands; (2) a copy(s) of the registered Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; (d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements and has delivered in escrow the Escrowed Transfer to the Town in accordance with paragraphs 2.4 and 2.6 of this Agreement; (t) the Owner has delivered to the Town transfers of the lands and paid the required cash in accordance with paragraphs 2.5, 2.6 and 4.11 of this Agreement, and such transfers have been registered against the title to the appropriate Lands; (g) the Owner has delivered to the Town letters signed on behalf of the Newcastle Hydro-Electric Commission, and/or other authority or company having jurisdiction with respect to the Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s) have been entered into by the Owner with them for the design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained an Engineer in compliance with paragraph 5.3 of this Agreement and has confirmed the name and address of its Engineer to the Director in writing; (i) the Owner has been given the written approval of the Director of the Engineering Drawings as required by paragraph 5.5 of this Agreement; (j) the Owner has received written approvals of the Director of Planning and the Director of Public Works of the Landscape Plan as required by paragraph 4.2 of this Agreement; (k) the Owner has received the written approval of the Director of the Grading and Drainage Plan required by paragraph 5.6 of this Agreement; (1) the Owner has received the written approvals of the Director of Public Works and the Director of Planning of the Staging Plan as provided in paragraph 5.7 of this Agreement; .,. .. Page 45 (m) the Owner has received the written approval of the Director of the Schedule of Works as required by paragraph 5.8 of this Agreement; (n) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of this Agreement; (0) the Owner has deposited with the Town the Performance Guarantee required by paragraph 3.4 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; (P) the Owner has deposited with the Town all policies of insurance or proof thereof required by paragraph 3.9 and Schedule "Kit of this Agreement; (q) the Owner has paid all costs required to be paid to the Town by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; (r) the Owner has made all payments to and deposited all letters of credit with the Town in respect of the External and/or Oversized Services that are required by paragraph 5.27 of this Agreement; (s) the Owner has deposited with the Director the Certificate(s) of Approval issued by the Ministry of the Environment with respect to the watermain, sanitary and storm sewers for which Authorization to Commence Works is sought; (t) prior to the commencement of site preparation of the Lands in question, the Owner has obtained the Central Lake Ontario Conservation Authority's approval of a one hundred (100) year storm overland flow routing for the Lands and has deposited with the Director written confirmation thereof; (u) prior to the commencement of site preparation of the Lands, including rough grading of road(s), the Owner has 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) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the constl":lction and'installation of the Works with the written approval of the Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1)(b), provided that the requirements of clauses 5.10(1)(d), (g), (h), (i), G), .' Page 46 (k), (1), (m), (n), (0), (P), (q), (r), (s), (t) and (u) 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), the Owner agrees with the Town that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he migh,t 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 ReQJ1irements for Commencement of Subsequent Sta&es of Works Notwithstanding any other provision of this Agreement, if the Director has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage defined in the Staging Plan. If the Town has issued an Authorization to Commence Works for a particular stage defined in the Staging Plan, an Authorization to Commence Works for any subsequent stage of the Staging Plan shall not be issued until: (a) the Stage Cost Estimates for such stage has been approved by the Director and entered in Schedule "J" hereto; and (b) the Owner has deposited with the Town the Performance Guarantee applying to the stage for which the Owner is seeking such Authorization to Commence Works. 5.U Inspection and Stop Work The Owner shall ensure that every contract that may be made by the Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Town may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders given by the Director pursuant to this paragraph 5.12. The Director, after consultation with the Owner's Engineer, may give the Owner, if it does not retain a contractor, or if it does, the Owner's contractor, a written order to stop any work that is being undertaken if, in the Director's opinion, either the work is not being undertaken such that a completed construction and installation of the Works satisfactory to the Town in accordance with this Agreement will result, or if the Performance Guarantee required to be provided pursuant to this Agreement in respect of the Works is not maintained in good standing. The Owner and the Owner's contractor shall comply with the stop work order forthwith on it being given by the Director. .' 5.13 (1) (2) 5.14 Page 47 Construction in Accordance with Enlineerine Drawines 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". 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. 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 th~ Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of any of the Works, the Owner, at its cost, shall construct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. Page 48 .' 5.17 Incomplete or Faulty Works and Liens (1) If, in the opinion of the Director, the Owner is not constructing and installing or causing to be constructed or installed any of the Works required by this Agreement so that it will be completed within the time specified for such completion in the Schedule of Works, or if the Works are being improperly constructed or installed, or if the Owner neglects or abandons the said Works or any part of them before completion, or unreasonable delay occurs in the execution of the same, or for any other reason the Works are not being constructed or installed properly and promptly and in full compliance with the provisions of this Agreement, or the Owner neglects or refuses to reconstruct or reinstall any of the Works which may be rejected by the Director as defective, deficient or unsuitable, or the Owner in the opinion of the Director otherwise defaults in performance of this Agreement, then in any such case after receiving the authority of the Town Council, the Director may give the Owner notice in writing of such default, neglect, act or omission. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays, after the giving of such notice and the expiry of such additional period as may be specified in the notice given to the Owner by the Director, the Town, at the cost and expense of the Owner, may employ a contractor or such workmen and purchase such services, supplies and/or services as in the opinion of the Director are required for the proper completion of the Works in accordance with this Agreement. In cases of an emergency, as determined by the Director in his discretion, any deficiency(s) or defect(s) in the Works, or any failure to complete the Works in accordance with this Agreement, may be corrected or remedied by the Town at the cost and expense of the Owner without prior notice to the Owner, provided that forthwith after the Town so acts, the Director shall give written notice to the Owner describing the emergency, the action taken by the Director, and the cost of correcting the deficiency or default in question. The cost of any work which the Town undertakes under this paragraph 5.17(1) shall be determined by the Director in his discretion and his decision shall be final. It is understood and agreed by the Parties that the cost for which the Owner is responsible under this paragraph 5.17(1) shall include a management fee to the Town either of thirty (30%) percent of the contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town to complete the Works 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 .. Page 49 Agreement. In any such case, the Director may notify the Owner in writing of such default. H the Owner fails to discharge the lien claimant within ten (10) business days, excluding Saturdays, after the giving of such notice, or within such further period of time as may be specified in the notice, then the Town may pay the full amount of the claim and costs into a Court of competent jurisdiction. The Town is hereby authorized by the Owner to draw on and appropriate the whole or any portion(s) of the Performance Guarantee to indemnify the Town against the costs and expense so incurred by the Town. In the event that the Town draws on and appropriates any portion of the Performance Guarantee to satisfy the claim of any one (1) or more construction lien claimants and costs, forthwith after the Director gives written notice to the Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee and/or the Security for the Maintenance Guarantee, as the case may be, to the full amount(s) required under the provisions of this Agreement. 5.18 Entty for Emer&ency 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 Damaae to E~stinl 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 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 .' Page 50 after being given written notice by the Director requiring the Owner to undertake such relocation. 5.10 pama. to Neiahbourine Wells (1) Prior to the commencement of and during the period of construction or installation of the Works, the Owner shall cause to be carried out, at its expense, the ground water monitoring program which has been approved by the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The draft Monitoring Program shall be submitted to the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoring Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the timing, form and addressees of the report of the Hydrogeologist's analyses and findings to the Town, as well as such other matters as the Director considers to be appropriate. After the draft Monitoring Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the "Monitoring Program" for the purposes of this Agreement. (2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the Hydrogeologist to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the Owner also shall cause the Hydrogeologist to make available to the Director, at no cost to the Town, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses made in connection with or implementation of the Monitoring Program. Forthwith following the completion of thf Monitoring Program, the Owner shall cause the Hydrogeologist to provide to the Oirector, at no cost to the Town, a copy of all data collected and all analyses and repo~ 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 orm satisfactory to the Town Solicitor that all the data, analyses and reports requ ed to be provided to the Director by this paragraph 5.20(2), have been pr ed to him. In addition to the foregoing, the Owner shall cause the Hydrpgeologist to prepare separate reports, to the satisfaction of the Director for each; and every occurrence of apparent well interference caused by construction .. Page 51 activity within the Lands and reported to the Town, and to deliver the same to the Director, at no cost to the Town, forthwith after each of them is completed. (3) If after considering a report thereon from the Director in this regard, Town Council determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within one (1) month of the completion of dewatering), in the opinion of the Town Council, the Owner shall make available to the affected Party(s), a temporary supply of water at no cost to the affected Party(s); or (b) where in the opinion of the Town Council the interference to a well or private water supply is of a long term duration, , at the option of the Owner and at its cost, the Owner shall connect the affected Party's property to the Town water supply system or provide a new well or private water system for such affected Party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected Party(s) prior to the interference, as may be required by the Town Council by written notice given to the Owner. (4) If the Director gives written notice to the Owner that he has reason to believe that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall cause the quantity of potable water considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as the Town Council, after considering a report thereon from the Director, decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs his obligation under paragraph 5.20(3), as the case may be. 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. Page 52 ,. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain the Works, if any building(s) on the said Lands is occupied, the Owner, at the Owner's cost, shall maintain each road(s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud free condition, suitable for ordinary vehicular traffic, to the approval of the Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to indicate that the road(s) are "unassumed road(s)" which the Town is not required by law to repair and maintain, to the satisfaction of the Director. (2) The Town agrees to snowplough and sand all paved road(s) shown on the registered Plan of Subdivision of the Lands, for and on behalf of the Owner until the Certificate of Acceptance of such road(s) has been issued, provided that until the road(s) are assumed by 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. Page 53 .. 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 \Vorks authorized by such Authorization to Commence Works, that there are no outstanding construction lien claims for payment by contractors, subcontractors, suppliers of services or materials or workmen relating to the construction and installation of such Works. 5.24 Requirements for Certificate of AcceJ)tance 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 the~eto, other than as an owner of land abutting a highway in which such Works are installed. Page 54 , . 5.26 Requirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to the Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by the Owner at the Owner's expense has provided the Town with written confirmation that at a date not earlier than the end of the longest of the maintenance periods set out in paragraph 3.10(3) for any of the Works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of Subdivision of the Lands and has found, placed or replaced all sUlvey monuments at all block comers, the end of all curves, other than comer roundings, and all points of change in direction or road(s) on such Plan; and (c) Town Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the Owner in respect of the Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner's obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 5.27 Road Reconstruction Works and Tributary Stormwater Manaeement Works (1) The HOke Road and Glenabbey Drive Reconstruction Works" and the "Tributary Stormwater Management Works" are defined and described in Schedule "G" hereto. The Owner shall construct and install each of them. The preliminary estimated costs of them are also set out in Schedule "P". The Owner acknowledges and agrees that it will pay the total costs thereof. The Owner will not seek any credit or rebate or of any part of the total costs thereof whether from or in respect of a charge imposed by a Development Charge By-Law which the Town Council may pass pursuant to the .. Page 55 "Development Charge By-Law" Act, 1989, or in any other manner,or for any other reason. (2) 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" (as defined in the Act) that results or will result from development in all or a defined part or parts of the Town, the Owner will not object to such By-Law or complain under the Act of the development charge imposed by the By-Law, or the amount that the Owner or any other person will be required to pay in respect of development of the whole or any 'portion of the Lands on the ground that the cost of either or both of the Works referred to in paragraph 5.27(1) have been paid by the Owner, or the payment of such cost has been provided for in this Agreement, or such cost has or has not been included in the development charge, or the development charge should have been imposed in respect of a different defined area(s) 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 - RESPONSIBILI1Y OF SUBSEQUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at his cost: (a) he shall be responsible for providing and maintaining adequate drainage of surface waters from such 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 "G" and paragraph 4.12(6) of this Agreement. Page 56 ARTICLE 8 - TIME OF ESSENCE Time is of the essence of this Agreement. ARTICLE 9 - AUTHORI1Y 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 Partiest and that this Agreement is made by the Town in reliance on the acknowledgement and agreement of the Owner as aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: We have the authority to bind the Bank. lbe name of lbe Royal Bank of I Canada was changed to I Royal Bank of Canada af set out in Order-in-cquncil P.C. 1990- 2221, a copy of which is attached to instrument registered as No. 162641 on the 2nd da of November, 1990, in th Land Registry Omce for t e Land Registry Division of Newcastle (No. 10). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CORPORATION OF THE TOWN OF TLE CANADA ". Page 57 ,- SCHEDULE .A. 11DS SCHEDULE IS SCHEDULE .A. to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of NewcastIe, enacted and passed the 24th 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 part of Lots 31 and 32 in Concession 2 of the Geographic Township of Darlington, (former Town of Bowmanville) designated as Parts, 1, 2, and 3 on a plan of survey deposited of record in the Land Registry Office for the Land Titles Division of Newcastle (No. 10) (the "Land Registry Office") as Plan 10R.3262, subject to the right of way described in Instrument No. 141327 in favour of William John Wesley Oke, his successors and assigns over that portion of the aforesaid Lot 32 designated as Part 2 on Plan 10R- 3262 until such time as it is dedicated as public highway. ~__~~~~~------_J -.. f ----, I I I ! -r I ---- . ---- ---..... -r----- ~ -~ 0 II fJ 'D '0 ~ ... I I I -==-~ I . I. o o o . , , \ , I , t , I L - - ~. "- LOi32\ , I , 1 ~ I , I \ , 1 , , , , I t ' l ' l 1 , 1 I 1 , \ , I I 1 I I I I ~ I I . I; -.. .;. ... . \ \ I - or"'" _. ;.r:-.:....................,..... ~ ..-.~.~...";'.(,. \ . . I L._ -...... s ! ,. . . t . . . . f".o LOT3' -- t j , f I I I I I . I , . I I . I ~ , I ---- - . . .' 0RAfr PlAN OF SUB. DIVISION OF PART OF L01S 31 & 32., CON. 2- TOWN OF NEWCASTLE REGION OF DURHAM 1If-88022 ........u r~ -........,s.c:.. .............. ... .. ..~..,. - .. -...,. .. ..----............. . -------....... - .........--.~--. . :......r-...!== i-- - ..-- --.-...---.... -- ""'-'-- = ::::r=: === -- .... ~ -......- - - .....-- --- ... - "'-".......... .... .. .............- = = .... =-:: --- -.- --- .. ... . ... - ... ... ... ... -. _.. (ft ('") :x: ,.., o C r ,.., - ...... - :.: .. .................. - .. ..... .... ........ .. -......... - -- - ... - ........ '"' - ~ ........ .... -.. .... - ....... -.- :s::- :: :P :: I . I -- - ~.._. - .. .Tf ,,-~-_____ ~ ~;x--=::-:=- .....,...~ ------..._~_....---- __,.."W....._....-............... .. .. ..... 1IJm --- fiiRv- ~c..ec.. - ~- --~- . ... -...............-.c:-..... ........ ...---~ I~ ....... ............. .._.....-....,.......... - ---..- ~~~-:.=-- ... --.... .... ........ ''"' '\ GlENABBEY .!~/(S2 MU'O~-' I.!._.... -'!.1t: -'1!lo'.ll ,.'... " DRIVE \ \ j, \ " BLOC/( 118 ) ~? I~'/ I. ....~lOCIC la ......:l... .... ".1'14 ....., .. I BLOCK III ..u.o ,.... . 2. n I .:-:..... ~ . I 18 . .. .. .. . 211 I . . ... . .u- . I > 10 III 0: ...... r, 24 Q - .. I c . I. 50 I 44 " .. g . I . a.LOT , , ~ .,....... U !) ., ... 0: k a 51 45 a 12 to '..r. """"'1 . ! 22 !. 52 -... PART lllt!'.tl~ I .1 15 .' I!. >- ".CIt. ),., . . ""'...... 55 W - M' Ul . 14 m ! !. I a' 54 ott .,........ Z _. 'ft W BLOCK 54 oJ .......0 ,t. .. 511 l!I . III ... \II 31 II .. .. 6 .. . .. ; " .. c . ~ i i :I: ~ ". , ~i lII. i Lor P1.AN ....... VR lifl.c.,n. ~2Q "..l.'"~_ Co... 'a '. 2 .. .. ~ .1~ .... tCllfM.........1 ,0" LOT 31 CONCESSION 2 .. 0 ..J ~ .. ~ ~ ~ ; . . .~.14 C....I 0.'" cu.". ,..... 'S' ..01111 .A..~ .., (toO.. .~~. ". '..110I' !N'l':, ... c..o.. .~..!"... ",'IIU """'n .,..... .' ... ..fN. .".,. Nwtnw:t . .. ... ...,. . ~:: . ... .. H- i ", ... .. ,." " " ... ".'101. ..... n.ooo . ,.01 .. ... .. 1ft .::~I:I - .... " .oo .- ,........ " - " MO' .. ... .. o. .. ... ,.. .. .. .oo .. ... """ It I . II :: ...... " :': .... II.. CI .... :: . II .. .... . : '" ... ... .. ... .0." .. .,. I'.'" "SS" 00. .. .. I'"'' . ,.. ,.. ... 10 I " ... ...... " ... " ... 11Ift.,,, . " .. .oo If or. . ,.. = :: . .O?.,I : ~ .oo ...... II :: .. ... ".." ... . II ::: M ..1 0 ... .. ". ~ ... ft..." .. .. ... Ill" so DCW . " ...... . ... . - 11.40. .. .. ... II.t, . ... . ... ."'0'''' .. . .oo .".. " .. ; ... .. " ... a. .. n, "'" 1101" .. ... .. 'N .. .." . .. .. ... ..... . .. ... , .. ... ..... .. GOD .. . .. ... .. ... ".u"w :: .. ... ...... .. .. :: . -OJ.to! t ..... .. ... J r.: . .. .,.. "ro" " . .. ... ..... .. .. ...."00' ... It .. ... .. '"~ .. ,. ..I....... .. .., '00 ..... . ... .. ... ..JQSO H' :::: ..- .. II .. ... '1,1t ..... u. . ... . . .. .. ... . - .." "'OW ..... . ... ., . 41 .. .., .. ... ...... lOW a. . . ... . . .. . .oo o lOG .. ,.. .. ..o. '..SClO .OI ~ . ... 0, 100 .. '.11 CM I .... ~ 'DO ..It II .. ." ,..us ...,.4.1 ..." " ... I' " 4' 1O.00s ..,... "IT.' ,.. ~.... ...... 10 ef'" ,...... """eu "'''_______,.,... ________. tit. -c;.u.;-M-;U.,-- tAll......, ...... " e,.u..M. 11 ." -.... J tell . ,.....u...,..., ..ct,.. It .'NOfII WtlEfJfOf .. c..,..... .,... ,..._1 1IltIIk-..", II ...............,....... .tfM4ll" ..'I ,...,.." "",..Itlh ..____If., 11.._______ .... ~.III:U ,.,.1 LOT 32 2 CONCESSION -..iOiirCH"..r...i- --iiGiO;;Ai-CLi.ii-- rL.."'" rv...- f elllf," TUf Tltl' IlI."_ 1011_.._. ..f'llltP .. THl LMD"'" oMCI 1'01I THlI,.AND nn.r.a CMIIOIf 01 MnC:AIlL&CN"'..____IJCLDU ClN nc ___011I01____..._.... AIID PTUID II nc UIII!E_ fOIl ,..wcn _____1lCTIQIf _____ All) HQUIIIIlO COtMIITS UID""~IMTS .Il~ _.TOlD q ""AN DOCUIIIJfT ... ___40"'___ ' --iAiD-..iTiAi--- ,.. "'-M1__' ____..._en 1I....KftOIIlI COIICI'" . ........... ,.......... PLAN Of..uMStoN Of PART Of LOT 32 CONCESSION 2 TOWN OF ~WCASTlE (formerly TOWNSHIP OF DA/l..NGlON, w.lNTy Of' IlJRHAM) REGIONAL t.UICF'oLITY Of' DURHAM SCALE I. ICOO . . - J, D, BAIINtS LIMITED - "" ~ =~-=,,-,..":;.?~ :':'-&:T.::f. ~ ........ MI"_'" ...-_UlII.......,.. -- IIUtuu L"""~ ..~...... .. .. ..... till "-- _.'11". _... _............ N' ..... . ..........u _Iff .... . .............. _Iff .....,.. .. ....... ,,_ - 1M . ---... trOll ~ ....... D.L,I. .. DlJIO........,.......~"......"... c..... 01-'" .011" toUkAI_..... ,j 1 OWNEIl'S Cl!Il11FI:ATE - PUN Of SUIlM1SlON """....CUIIIP't......: t. ~J.:~-.~~:J. ..=~\ ~. cow., _o...___..-u ..oc........ .... MIIl.'_ .....CWT.~.,. cutte1'~ ,. M .""eft............ DUlCafU"". ........fteII .. ,.. ~ Of.~ ....IC....-. ....,.. ....._ II' ".._..___. ... 108S 411 ONTARIO LMTED SURVEYOR'S CEIITIfICATE I CIIl'''Y'J_' t. tld tvII'\It1I ... ..... ... CGItI'IU .... ACC:0fI0Mt1 .'11 ,... '"WI''' "'...'..L..rnl...4C'....'.._.'....II....'............ . 'lC ..,........ ... ~.,.. 11II ,.. ...' 01' .."--------- - - ::.:. -~ :~~-;.:.: - - ,~ ~()~ES SURVnlNG MArtiNG lAND tNfQaMMIOflll UR\o ICIS Of"JIC(OI' 0Nl.... .o-;;-o'~l)O.II',"':.I. ...,... .","'UII) .... .', I~'U ..~l -- .. .. ......, ...tS......OO . ". Page 58 " SCHEDULE "B" nus SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. PLAN OF SUBDMSION (Insert reductions of Plan 18T -88022 and the 10M Plan) . . - . Page 59 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "e" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. CHARGES AGAINST LANDS (1) Municipal Taxes (2) Local Improvement Charges (3) Drainage Charges (Paid prior to Execution) (Paid prior to Execution) (Paid prior to Execution) -. -- ." Page 60 SCHEDULE "D" THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. DEVEWPMENT LEVIES Without fettering in anyway the Town Council in the exercise of its discretion to pass a Development Charge By-Law under the Development Charges Act, 1989, which imposes a development charge as permitted by that Act in respect of the development of lands in all or part of the Town including the Lands, after the date of this Agreement, the Owner agrees to pay to the Town amounts of money (the "Development levies") calculated by applying two 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 townhouse dwelling which the Owner proposes to construct on the Lands. The Owner shall make the following payments on account of Development levies to the Town in respect of Phase 1 of the Development of the Lands consisting of twenty-six (26) single family dwelling units; fifty-two (52) semi-detached dwelling units; zero (0) townhouse units is payable on the occasions set out below. The aggregate sum payable in respect of Phase 1 of the Development of the Lands is two-hundred and thirty-one thousand nine hundred and seventy-two ($231,972.00) dollars. Phase 1 of the Development of the J.ands (a) Twenty-five (25%) percent of the aforesaid aggregate sum, being fifty-seven thousand, nine hundred and ninety-three ($57,993.00) dollars on the execution of this Agreement. (b) Twenty-five (25%) of the aforesaid aggregate sum, being fifty-seven thousand, nine hundred and ninety-three ($57,993.00) dollars, on the date of 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 sum, being fifty-seven thousand, nine hundred and ninety-three ($57,993.00) dollars, on the earlier to occur of the first (1st) anniversary of the issuance of a building permit for the first (1st) dwelling proposed to be constructed on the Lands and the date of issuance -, -- Page 61 of a building permit for the fortieth (40th) dwelling proposed to be constructed on the Lands. (d) The balance of the aforesaid aggregate sum, being fifty-seven thousand, nine hundred and ninety-three ($57,993.00) dollars, on the earlier to occur of the expiry of the period of twenty-four (24) months commencing on the date of issuance of a building permit for the first (1st) dwelling proposed to be constructed on the Lands, and the date of issuance of the building permit for the sixtieth (60th) dwelling unit proposed to be so constructed. Phases Subsequent to Phase 1 of the Development of the Lands (a) Fifty percent (50%) of the Development Levies payable in respect of dwellings proposed for each Phase Subsequent to Phase 1 of the Development of the Lands are payable to the Town prior to the date of issuance of the building permit for the first (1st) dwelling in each such Phase. (b) Twenty-Five percent (25%) of the Development Levies payable in respect of dwellings proposed to be constructed on the portion of the Lands in each Phase Subsequent to Phase 1 of the Development of the Lands is payable on the earlier to occur of (1) the first (1st) anniversary of the issuance of a building permit for the construction of the first (1st) dwelling in each such Phase and (2) the date of issuance of a building permit for construction of the dwelling which when combined with the building permits theretofore issued for dwellings in the same Phase Subsequent to Phase 1 of the Development of the Lands comprise fifty-one percent (51 %) of the total number of building permits that may be issued for the construction of dwellings in the Phase in question. (c) Twenty-five percent (25%) of the Development Levies payable in respect of dwellings proposed to be constructed on the portion of the Lands in each Phase Subsequent to Phase 1 of the Development of the Lands is payable on the earlier to occur of (1) the expiry of the period of twenty-four (24) months commencing on the date of issuance of a building permit for the construction of the first (1st) dwelling in each such Phase, and (2) the date of issuance of the building permit for the construction of the dwelling which when combined with the building permits theretofore issued for dwellings permitted to be constructed in the same Phase comprise seventy-six percent (76%) of the total number of building permits that may be issued for the construction of dwellings in the Phase in question._ Page 62 .. Subject to the provisions of the Development Charges Act, 1989: (a) The Town shall review its schedule of Development Levies annually and may adjust the amount of the Development Levies herein in accordance therewith. (b) The Owner hereby acknowledges and agrees to such annual adjustment and further agrees that such adjusted Development Levies shall be applicable to 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 "Development Levies" are to be construed to be references to the Development Levies required to be paid by the Owner to the Town pursuant to paragraph 3.4 of this Agreement and this Schedule "D". They are not to be construed to be or to include references to a development charge that may be imposed by a Development Charge By- Law passed by the Town under the Development Charges Act, 1989. -. -. Page 63 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by-Law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. TRANSFERS OF EASEMENTS 1. On the execution of the Agreement, the Owner shall deliver to the Town transfers of the following easements: (a) Rear yard catchbasins and storm sewers Parts 1,2,3,4,5,6,7 & 8 on Plan lOR Parts 1,2,3 & 4 on Plan lOR (b) Temporary turning circles (Glenabbey Drive) Parts 3 & 4 on Plan lOR (Oke Road) Parts 1 & 2 on Plan lOR (c) Stormwater Channel Parts 3 & 4 on Plan lOR (d) Storm Sewer Parts 1,2 & 3 on Plan lOR 2, (a) Easements for the rear yard catchbasin and storm sewers, stormwater channel and storm sewer shall be perpetual in duration. (b) The easement for the temporary turning circle (Glenabbey Drive) shall terminate on the last to occur of (a) the date on which a Certificate of Completion of Works has been issued for the extension of Glenabbey Drive westerly; (2) the date by which the Owner at its cost has completed each of (a) the removal of the constructed turning circle from the area of such easement, (b) the installation of any necessary replacement curbing and sidewalks on Glenabbey Drive in such area, (c) the installation of topsoil and sodded the boulevards, on such area to finish Glenabbey Drive including the boulevard and sidewalks in the area of such easement to the satisfaction of the Director (the "Glenabbey Restoration'~; and (3) the date on which all of 14... '" ~. Page 64 Works comprising the Glenabbey Restoration have been accepted in writing by the Director. (c) The easement for the temporary turning circle (Oke Road) shall terminate on the last to occur of (1) the date on which a Certificate of Completion of Works has been issued for the extension of Oke Road; (2) the date on which the Owner at its cost has completed each of (a) the removal of the constructed turning circle from the area of such easement, (b) the installation of any necessary replacement curbing and sidewalks on Oke Ro~d in such area, (c) the installation of topsoil and sodded the boulevards in order to finish Oke Road including the boulevards and sidewalks in the area of such easement in accordance with the Town's Design Criteria and Standard Drawings to the satisfaction of the Director (the Oke Road Restoration"); and (3) the date on which all of Works comprising the Oke Road Restoration have been accepted in writing by the Director and written notice thereof has been given to the Owner by the Director. 3. Easements in portions of the Lands which are located within each Phase Subsequent to Phase 1 of tbe Development of the Lands as may be required by and to the satisfaction of the Director, shall be transferred by the Owner to the Town prior to the registration against title of the 10M Plan of Subdivision for the Phase in question. The Director shall determine the duration and terms of any such easements. The transfers shall be prepared by the Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory and restrictions, shall contain other provisions satisfactory to the Town's solicitor, sball be made for a nominal consideration, and shall be in registerable form. Prior to the registration of the transfer(s) of such easements against the title to the applicable lands, the Owner agrees with the Town that it will not require the issuance of building permits for the construction of buildings or structures on the portion of the Lands within the 10M Plan of Subdivision for the Phase in question. f- a -J cv f'f) cv < a - C/) C/) Lu () < a () Q: o - ~ 'q' -J Q - ~' ~ - J-. Q: II I lC -0 Ii;:: ~'q' it ------ \ ~ ~<v ~~~ \:> ,C:J ~~ 6 LO C K /3 0) - o rv ~ l!t 0) N) S)! o ~ u,,-'v ) ~~/ ~ ~ ~o[).o o\Zt. o~ ~\ ~G ~ \7 \6 ~ 58 \ 3/ , 22 ~ I.4.J I.4.J I.C ~ "- 0 I:/) - ....J ~ tf 0 I.C - "f "- Q. (,) lI,J ~ /9 /8 cc Q <' o ...... J.... () 4.J '" ...}... <v <0 <0 ~~ ~ ~'V ~'v CJ ~~ ~ " ~V:J <v <v ~~ ~ ......... Lu ~ ~ o '- PLAN 10 R- I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES ACT. DATE RECEIVED AND DEPOSITED DATE R, S. KARPIEL -------------- LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (NO 10) PARTS 1,2,3,4,5,6,7 AND 8 : PART OF PARCEL PLAN _ I, SECTION IOM- COMPILED PLAN OF PART OF LOTS 14, 15,32,33, 35,36,38 AND 39 REGISTERED PLAN 10M- TOWN OF NEWCASTLE REGIONAL MUNIICIPALITY OF DURHAM SCALE I: 500 20 40m . o 5 . 10 J.D,BARNES LIMITED - 1991 METRIC NOTES: DISTANCES SHIOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048, ALL PARTS SHOWN HEREON IHAVE PERPENDICULAR WIDTH AS SHOWN IN THE SCHEDULE AND ARE WHOLLY CONTAINED WITHIN THE UNDERLYING LDTS. PREVIOUSLY UNDEFINED LIMITS ARE PARALLEL WITH EXISTING 1I M ITS SCHEDULE PLAN PERPENDICULAR WIDTH 1.5m 1,5 m 1,5 m I, m IOM- I. m I. m 1.5m 38 CAUTION THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANINlG OF THE PLANNING ACT. SURVEYOR'S CERTIFICATE I CERTIFY THAT: I. THIS PLAN IS AN ACCURATE COMPILATION BASED ON DATA DERIVED FROM REGISTERED PLAN 10M - DATE _ _ _ _ _ _ _ _ _ R. S. KARPIEL ONTARIO LAND SURVEYOR 101 j.D ~68NES SURVEYING MAPPING LAND INFORMA liON SERVICES OFFICE OF ORIGIN: 110 SCOTIA COURT, UNIT.# 24 WHITBY I ONTARIO L1N BY? (416)723-1212 DRAWN BY, M, M, REFERENCE NO.: 90 - 25 - 4 64 - 04 - B . I . o ., CHECKED BY: R, S. K, REGISTERED LOT ~ 23 PART 4 PART 3 PL N ~ PLAN LOT ~22 PART 2 PART 10R- 3053 o ~ o o ..J (1) PARCEL LOT 6 LOT 7 REG\STEREO LOT 8 PARCEL 22-1 SEC ION IOM- 806 LOT o ?' rn ';t) o l" CJ --I LOT 9 ----- LOT \0 10 M - 806 4 PART I 2 3 4 LOT 3 LOT 2 LOT PARCE L PLAN LOT LOT 10M- STREETS - I 2.6 2.5 ----- LOT 2.4 \ (J) f1'1 (") -i - o z - o ; ------ _\ ~ SECTION 10 M- \0 M- ~ -0 l> ':xl (") f1'1 r 2.7 LOT ------ LOT 2.8 PAR' '3 \iJI 3 PAR' 4 LOT~ -0 r l> z LOT 30 SCHEDULE PAm-T OF PLAN 5 4 28 IOM- 29 PERPENDICULAR WIDTH 1.5 m 1.5 m 1.5 m 1.5 m -oG> l>r ~fTl ~Z "P ~CD ':xl CD f1'1fTl ~-< (J) I V'l f1'1 (') -I OCJ %::0 - -< OfTl ~ ;;.~ PLAN 10 R- I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES ACT. DATE RECEIVED AND DEPOSITED DATE - -R~.KARPIEL---- LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (N2 10) PARTS 1,2,3 AND 4 : PART OF PARCEL PLAN-I, SECTION IOM- COMPILED PLAN OF PART OF LOTS 4, 5, 28 AND 29 REGISTERED PLAN 10M- (formerly TOWNSHIP OF DARLINGTON ) .NOW IN THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE I: 500 o l5 10 20 I 40m I J.D. BARNES LIMITED - 1991 METRIC NOTES: DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. ALL PARTS SHOWN HEREON HAVE PERPENDICULAR WIDTH AS SHOWN IN THE SCHEDULE AND ARE WHOLLY CONTAINED WITHIN THE UNDERLYING LOTS, PREVIOUSLY UNDEFINED LIMITS ARE PARALLEL WITH EXISTING LIMITS, ~ CAUTION THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. SURVEYOR'S CERTIFICATE I CERTIFY THAT: I. THIS PLAN IS AN ACCURATE COMPILATION BASED ON DATA DERIVED FROM REGISTERED PLAN 10M- DATE R. S. KARPIEL ONTARIO LAND SURVEYOR 101 J.ll ~ORNES SURVEYING MAPPING LAND INFORMA liON SERVICES OFFICE OF ORIGIN: 110 SCOTIA COURT, UNIT,** 24 WHITBY, ONTARIO L1N 8Y7 (416)723-1212 DRAWN BY: N, M, CHECKED BY: R.S.K, REfERENCE NO.: 90 -25 - 464 -04-A .. I . a ., ~\) ~o 0" \.... \<0 ~ o~~~ " o~ \ \o~ ~CJ-<" c:, ~ [X ~ \ ~ o Sr ~(() ~~\) s~~ ~0 ~'v ~ ~Ci ~~ ~~ ~'v G*' ~O <0 PLAN IOR- I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES ACT. DATE RECEIVED AND DEPOSITED DATE R, S, KARPIEL LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (NO 10 ) PARTS 1,2 AND :3 : PART OF PARCEL PLAN-I, SECTION 10M- PLAN OF SURVEY OF PART OF LOTS 16 AND 17 AND PART OF BLOCKS 57 AND 58 REGISTERED PLAN 10M TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE 1:400 0246810 . 20 40m . J.D, BARNES LIMITED - 1991. DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048, METRIC NOTES: BEARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE SOUTHEASTERLY LIMIT OF .. 0- SIB IB DENOTES DENOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT PLANTED STANDARD IRON BAR IRON BAR CAUTION THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING' ACT, SURVEYOR'S CERTIFICATE I CERTIFY THAT: I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE LAND mLES ACT AND THE REGULATIONS MADE THEREUNDER, 2. THE SURVEY WAS COMPLETED ON THE DAY OF ,19 . DATE R,S. KARPIEL ONTARIO LAND SURVEYOR 101 j.D ~6RNES SURVEYING MAPPING LAND INFORMATION SERVICES OFFICE OF ORIGIN: 110 SCOTIA COURT lJ'.IJT:# 24 WHITBY, ONTARIO L1N BY 7 (416) 723 - 1212 DRAWN BY: CHECKED BY: REFERENCE NO,; 89-25-464-06 ... , III o ., M,M. R, S, K, r- SI8 UfOS) REGISTERED PART 1 PLAN 10R- 2019 N 180 34' 20. W PLAN IOM- BLOCK 58 _____ ~RCEL PLAN - I, SECTION ,7 ~(::I ~ST N~ :~~ .~~o.L L 64197 ~~. 10M - N ROAD ALLOWANCE BETWEEN INST. NO 75247 LOT LOT PART PARCEL 31 - 5 34' (1=1 180 ( 3RDLY~ LOTS ( CLOSED 31 32 PLAN SECTION 20" 20" 10R- 3873 CON 2 (DARLINGTON) 54 w w I REfE RE NCE BEARING 1 32 AND SEE INST, NO 30" , 7 3 07 ) INST. NO I PART 2 I AREA: 0,411 ho 67. 07 80851 (1005) B Gi c IIJ :a <<l !. ~ III C1t3 .,. ... If) 33 CONCESSION CONCESSION 6 . 5ei3 ~, INST N N2 IIJ . 8 Cao NO 00 ;:.0 z PART 3 AREA: O. I~ ho 180 ISO 31' 180 06' I CONCESSION ,.",. 107338 2 2 31' 00" 140.761 140.761 W (M 1 W I 'NST, NO 107338 1 2 W Sll. 579 I.&J ~~~ .N 00 il~ S. W, CORNE LOT at,OON.2 49 . 069 357, 177 IMI 357 , 098 (INST. NO 1073381 INST. NO 142861 Z L&J L&J 3:N .... LlJ CDe Z <c LlJ u- z ~ -.JV) -.JZ <cO ii5 C/) I.LJ eU 8~ a:u tI. (141'41 . . PLAN 10 R- I REQUIRE THIS PLAN TO BE DEPOS ITED UNDER THE LAND TITLES AND REGISTRY ACTS. DATE RECEIVED AND DEPOSITED DATE R. S. KARPfEL ONTARIO LAND SURVEYOR --------------- LAND REGISTRAR FOR THE LAND TITLES AND REGISTRY DIVISIONS OF NEWCASTLE (N2 10) PART I - PART OF PARCEL PLAN~ I , SECTION 10 M- PART 2- PART Of PARCEL 31-5 I SECTION CON. 2 (DARLINGTON) PLAN OF SURVEY OF PART OF aLOCK 5,8 REGISTERED PLAN IOM- AND PART OF LOT 32 CONCESSION 2 (GEOGRAPHIC TOWNSHIP OF DARLINGTON, COUNTY OF WRHAM) NOW IN THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DU~HAM SCALE I: 1000 0.10 20, I ' ., ~ J,O. BARNES UMITED - 1991 METRIC DISTANCES SHOWN ON THiS PL.AN ARE, IN METRES AND ' " CAN BE CONVERTED TO FEET B'\' DIVIDtNG BY 0.3048. NOTES: . , BEARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE W~$TERLY LtMITOF PART 1 AS SHOWN ON PLAN IOR-3873 HAVING A BEARING OF ill 18034' 20"W.' , 40 eo !m . [J SIB 18 1414 lOD5 1106 JOB DENOTES DENOTES DE:NOTES DENOTES DENOTES DENOTES DENOTES Of NC'lTE$ SURVEY MONUMENT FOUND SURVEY MONUMENT PLANTED STANDARD IRON 8AR IRON BAR BROWN AND COGGAN I;.Tj). O. L. S . DON~VAlN, AND FLEISCHIIMN~, O. L. S . M~O. BROWN. QL.S., ' J.D:BARNES L1MITED,O.LS. CAUTION . THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. ' . SURVEYOR'S CERTIFICATE I CERTIFY THAT: I. THIS SURVEY AND PLAN ARE CORRECT ANI) IN ACCORDANCE WITH THE SURVEYS ACT AND TliE LAND TITLES ACT AND THE REGISTRY ACT AND TKE REGULATIONS MADE THEREUNDER. 2, THE SURVEY WAS COMPLETED ON THE DAY OF ,1991. DATE _____________ -----RS.KA~tE[------ ONTARIO LAND SURVEYOR [II] J.D. BARNES LIM1TED SURVEYING MAPPING LAND INFORMATION SERVICES OFFICE ()=', ORiGiN: 110 SCOTIA COURT, UNIT # 24 WHlT8Y L ON:rARIO UN 8Y7 (416) 72"'-1212 DRAWN BY: N. M, REFERENCE N2: 89 - 25 - 464 - 05 - B CHECKED BY: R.S.K. ( ,SHIPPED~IJG 1 6 1991 .' . ~ N Z 0 UJ 00' LU U Z 0 U I'- 0 rt) I'- rt) rt) a5 0 - 0 Z rt) <t N 0 rt) Z en ~ t-= 0 ~ ..J LU LU Z en bJ 1LI :t ~ 0 1LI a:l L&J en 0 ..J U LU U Z <t :t 0 ..J ..J <( ..., E g 0 ~ - <t III 0 co .., 0:: !!? CII . 0 N -. .., 0 !! z \ \o~ t-SS o~c , c ~ ~\ I I \ \<0 \.-0\ ~ 18 (JOB) ~\,.~~ "'(\O~ S€.C e::: o ~ ~t-\) ~S\V Qt-G C€.~ p. ~~~ oc~ 'e>\" .... \ ' ~~~~ ~e z <( ..J 0.. rt'l 10 rt'l ..., l8! . CII \ll !~ II: C :g: o C\J l- e::: <( 0.. z g .... ~ ~~~~ aC€.~ ~~l' S. W. CORNER LOT 32 I CON, 2 t ROAD ALLOWANCE CONCESSIONS BETWEEN AND 2 \.- 0\ \1 \o~ ~<v ~ <J ~-J.. <0 <(j \ ~~ y<<; <0 ~'\ (j r*"- ~~ Ov~~(;j o..V", ~ v~. " ~ , ",,0 ",C?J o ""to ~ '!> e1"?> ~1.. 'C~ 1.. ~o~ , ~~\~G \Q~ \,.0\ ~ \...~ ~ CO~' '2. ~\o~ s€.C PLAN IOR,- I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES ACT. DATE RECEIVED AND DEPOSITED DATE R.S. KARPIEL Ontario Land Surveyor LAND REGISTRAR FOR THE LAND TITL ES DIVISION OF NEWCASTLE ( NO 10 ) PARTS I AND 3 PART OF PARCEL PLAN - I ,SECTION IOM- PART 2 PART OF PARCEL 31 - 5 , SECTION CON, 2 (DARLINGTON) PLAN OF SURVEY OF PART OF BLOCK 58 REGISTERED PLAN IOM- PART OF LOT 32, CONCESSION (GEOGRAPHIC TOWNSHIP OF DARLINGTON , COUNTY OF DURHAM) NOW IN THE TOWN OF REGIONAL MUNICIPALITY AND 2 NEWCASTLE OF DURHAM SCALE I: 500 0510 . l!O 40m . J. D. BARNES LIMITED - 1991 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. NOTES: BEARlNeS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERLY LIMIT OF PART I AS SHOWN ON PLAN lOR - , HAVING A BEARING OF N IBo34'20.W. . 0- SIB IB 1414 P PI P2 JOB DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT PLANTED STANDARD IRON BAR IRON BAR BRowN a COGG AN L TO, a L.S . PLAN 10M- PLAN 10R- PLAN 10R- J.D. BARNES LTD ,O.L,S. CAUTION THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT. SURVEYOR'S CERTIFICATE I CERTIFY THAT: I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON THE DAY OF ,19 . DATE -------------- R. S. KARPIEL ONTARIO LAND SURVEYOR 101 J.D ~6RNES SURVEYING MAPPING LAND INFORMA liON SERVICES OFFICE OF ORIGIN: 110 SCOTIA COURT UNIT #= 24 WHITBY ,ONTARIO LIN BY7 (416) 723 - 1212 DRAWN BY: M.M, CHECKED BY: REfERENCE NO.: 89- 25- 464-08 or I . C ., R. S, K, . .. l' Page 65 SCHEDULE wF' THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID IN LIEU THEREOF Dedication of Lands The Owner shall deliver to the Town in a form satisfactory to the Town, transfers in fee simple absolute the following land shown on the 10M Plan: 1. (a) Blocks 60, 61 and 62 - 03m. Reserves (b) Block 54 - Park (c) Block 53 - Overland flow channel 2. Land shown as Parts 1 and 2 on Plan 10R- for the purpose of the "Stormwater Detention Worktl (as hereafter defined) and overland flow channel. 3. Land shown as Parts 1 and 2 on Plan 10R- for the purpose of the Water Quality Work (as hereafter defined) and stormwater channel. 4. Land shown as Parts on Plan 10R- purpose of an extension of Oke Road. for the Dedication of Lands within each Phase Subsequent to Phase 1 of the Development of the Lands as may be required by and to the satisfaction of the Director, shall be transferred by the Owner to the Town prior to the registration against title of the 10M plan of subdivision for the Phase in question. The Director shall determine the terms of any such dedication. The transfers shall be prepared by the Owner at its cost, shall be free and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Town's solicitor, shall be made for a nominal consideration, and shall be in registrable form. " PLAN IOR- 18 (10051 I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES ACT, DATE RECEIVED AND DEPOSITED LOT 31 DATE INST. NO 56690 a 51042 R, S. KARPlEL ONTARIO LAND SURVEYOR LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (NO 10) N 180 47' 50" W 125, 82 59,637 @ v 10 18 (~) PART I PART OF PARCEL 31- 2, SECTION CON. 2 NEWCASTLE (DARLlNGTO N) PART 2 PART OF PARCEL 31-5, SECTION CON, 2 NEWCASTLE (DARLINGTON) N itt' 18 -0 c15 v ",,':: 1(." ~ 15\ .176 (!) BLOCK 45" w ~ 53 SIB 240 48' II: U) N C Z ~ 11.I 164, 988 W CD 0 Q 39' 00" U) -Q -a, 250 -(7) U) ~ LLI :A 0 ~ ~ SECTION 11.I ~ ('" CON. 2 (DA RlINGTON ) 0 0 ~ Z 11.I 0 54 II: z III -Q 6'-OCv... PLAN 10 R '" II. LLl "" 3873 ~ 11.I LLl ('" 0/)0 II: 'V '0- 3: -z,. :r-- l- N LLI CONCESSION 2 m - ..,. ~ LLI z 0 z 'V /42 <t ~ 3: ~ 0 ...J ~ ...J <t ",. 0 / s. W. CORNER -z,. LOT 32. CON. 2 Cl - <t 0 0 -.. ~ 357 . 098 (Oil a:: - I 0 , ~ SI8 \ (J00l51 , . ROAD ALLOWANCE BETWE EN LOTS 32 AND 33 l 10 PLAN OF SURVEY OF PART OF LOT 32 CONCESSION 2 (formerly TOWNSHIP OF DARL/NGTO'J, COUNTY OF DURHAM) NOW IN THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM PART W 10 cv cv 10 o ~ ;z . [PART 21 AREA = 2 ,747 h a PARCEL 32 (7)Ul VC lOW 'd1 va. 0_ 'Ov o o 250 39' 00. \46 ,28\ LOT 31 - 5 seA LE I; 1000 o . 10 l!O 50 100m . J.D. BARNES I LIMITED - 1991, w w .. iJ ,SJB 18 lore 1414 JOB P PI 01 DENOTES DENOTES DENOTES PENOTES DENOTES DENOTES OENOT~S DENOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT PLANTED STANDARD IRON BAR IRON BAR OONEVAN a FLE!$':tMAN CO. LTD, O.L.S. BROWN a COOGAN L TQ O. L.S, J. D. BARNES LIMITED O,L,S, PLAN lOR - 3873 REGISTERED PLAN 10M- INST ri/2 107338 CAUTION THIS PLAN 1$ NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT, SURVEYOR'S CE~TtFICATE I CERTIFY THAT: I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND LAND TIl:LES ACT AND THE REGULATIONS MADE THEREUNDER. 2. THE SURVEY WAS COMPLETED ON THE DAY OF , 1991 . DATE _ _ _ _ _ _ _ __ R. S. KARflIEL ONTAfUO LAND SURVEYOR ~ SURVEYING MAPPING tR LANO,f"ORMATION SERVICES ~ OFFICE OF ORIGIN: j.DBAANES ,~' 110 SCOTIA COURT LJNIT #- 24 UMITED ~ ~ WHITBY, ONTARIO UN 8Y7 R~ (416-) 723 - 1212 REFERENCE NO.: 89 - 25 - 464- 05 - A ... I . o ., DRAWN BY: M. M. .T'8n818' I SI8 (1106) REGISTERED PART I PLAN lOR - 2019 N IBo 34' 20. W ~ 34' 20" W I PART 2 I 0 I 3.854 18 AREA : 0.411 he 13 .854 61207 N Sl8 ISo 34' 20" W (REFERENCE BEARING ) 114141 PLAN IOM- BLOCK 58 _____ PA~L PLAN - I t SECTION / !1'- ~ST ~ :~i ~~~;09OI", L 64197 j;~ 10M - ROAD ALLOWANCE BETWEEN LOTS INST. NO 75247 LOT LOT PART PARCEL 31 - 5 ( CLOSED ( 3RDLY) 31 (1005) I 32 - :l III :I lD f ~ 10 Gt ~ ~ 'It CIi 'It If) PLAN 10R- 3873 SECTION CON UJ ( DARLINGTON) 2 o IS ~ 32 AND 33 SEE INST. NO 30 I I t 7 3 07 ) INST. NO 80851 CONCESSION CONCESSION INST _lIJ -8 -mO NO 00 ;:.g z PART 3 AREA: 0.133 he N 63 . 553 I (WIT) 818(11081 76 , 768 ISO 31' 180 05' I CONCESSION r::-: N2 ISO .... 107338 2 2 31' 00" 140.761 I .761 W (M) w 1 INn NO 107358 1 2 w 65,579 S. W. CORNER lOT lI2,OON.2 49 . 069 357, 177 (MI lIS7 . 098 (INST. NO 107338) INST. NO 142861 Z LLJ LLJ ~(\J ~ LLJ ala Z <l LLJ U- Z <l ~ -IV) -IZ <lO V) V) l&J aU ~~ a:u SIB (14141 .. - PLAN 10 R- I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES AND REGISTRY ACTS. DATE RECEIVED AND DEPOSITED DATE ------------ R.S.KARPIEL ONTARIO LAND SURVEYOR --------------- LAND REGISTRAR FOR THE LAND TITLES AND REGISTRY DIVISIONS OF NEWCASTLE (N2 10) PART I - PART OF PARCEL PLAN - I , SECTION 10 M- PART 2- PART OF PARCEL 31-5, SECTION CON. 2 (DARLINGTON) PLAN OF SURVEY OF PART OF BLOCK 5,8 REGISTE.RED PLAN IOM- AND PART OF LOT 32 CONCESSION 2 .( GEOGRAPHIC TOWNSHIP OF DARLINGTON, COUNTY OF ()JRHAM) NOW IN THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE I: 1000 f ~ ~, ~, ~ ~m J,O.B.ARNES LIMITED - 1991 ,UC'TR' .Ie DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND .!!!!!: CAN BE CONVERTED TO FEET BY DIVIDING f3Y 0.3048. NOTES: I!EARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE WESTERLY J..IMITOF PART I AS SHOWN ON PLAN IOR-3873 HAVING A BEARING OF N ISO 34r 20"W. . tJ Sle f8 1<4f4 1005 H06 JOB DENOTES DENOTES DENOTES o !NOTES DENOTES DE'NOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT PLANTED STANDARD IRON BAR ,IRON BAR BROWN AND COOGAN LTD t O.lo 5 . OONEVAN AND" FLEISCHMANN, O.loS. M.D. BROWN, o.L.S. J,D. BARNES LlMITED,O.l.S, CAUTION THIS PLAN, IS NOT A PLAN OF SUBOIVISION WITHIN THE MEANING OF THE PLANNmG ACT. SURVEYOR'S CERTIFICATE I CERTI FY THAT: I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE L.AND TITLES ACT ANO THE R~GISTRY ACT AND THE REGULATIONS MADE THEREUNDER. 2, THE SURVEY WAS COMPLETED ON THE DAY OF , 1991. OATE _____________ ----ftS.KA~tEL------ ONTARIO LAND SURVEYOR [II] J. D. BARNES LIMITED SURVEYING MAPPING LAND INFORMATION SERVICES OFFICE <F ORIGIN: 110 SCOTIA COURT, UNIT # 24 WHITBYLONTARIO UN eY7 (416) 72~- 1212 DRAWN BY: N. M. REFERENCE N2: 89 - 25 - 464 - 05 - B CHECKED BY: R.S,K. ,3 SHIPPED \!IG 1 6 1991 , .. I'- . -::t ' -<\1 \0 1'-. " r<J N"\.' '. ' ' P'.... 'C\l :\ I"'" .. \ ...,... . " ~ ~ ~~ ~ . , . T R AV.E>L L 'E' D' . f'N.ST, . . -.~ . ~ ~:', ", . :N-o'.,' '-, z' 0' , rr;:..., V::I' , (f) 'W ,0 Z' 0', () r--, O' . ....J.. ' i \ ~ .,;::. ..c:: ~ ,-' 1 I r .1<. . , \ . r .l '1 \.: \. . $l9 ( \4 I 4ff " \, I . I , I LI ; 1 II ; I, , .l \ IJ l ' 1, t - 0,1 : to' (t)' .,..... . - '1' '7\0 25" 40'" ~ ' 3'a; 5.0 ,} I I . I ( "[ .2: o ...... " z ::i a:: " <t ,0 . .11.' " ' '-r' . h. ' . ~ ' 'l t:. .' A ' ,r I' I t, 0') . '. . ...... '0, "-~ , (\j-'.. '1'-0 '~. ~ tr. ' ' (\) o " rt')- .f0 .w.,'..' ....I .. . ...... . e" <t' N .0 . .~".. ~ W" . (\J Z ,. t<'S, r- ~o .'.~ '..r() . '1'- -- .> ,1'l. {'\t ~. . I ;J o :z' ,'0 '0 a:' 10,<'1 ~ m :,,' . ., "32 " '\' - LO'T N', Z Q,. <..) C::: 0, N . 'm o <<l Z <t ~ a.. " ,0 Z"- o z' l ::1 . '<fr' to-: . . o --1 ...... ,00 ~. z. z ,0" <I:.. l-- ,..,J . (> 'a" ,w, tf') -0 "-t, o~. o. Z l QI Q' ':z ,0 0 \II . (t).~a:: --\iJ , ,lI. W ",.zz = , ;,(l: t- el). , z z 'W w =: :1- :z W' (0 " "'C\I" ';'.' ....;... > ~;t , b'o' . N~' " "0 ~'Q' . .'.. . ~' J- ' CJ) "0::' -. ~ '...' ':~~ ',' ,<'.~' . . ~.. " o () ~~ . . );~::z ... ".... '. ' .J. .~:< , '". .~ . ~ : 'i " ",:..-\'0 " lU /UJ .0 " )'0 .,. :.~~' '.W., ,<t' :> .. ;:"',"z " 1'0' Q' , :"'~~,<:~W~: ("', ,,~ - ~,.;.,. .... , .., -, "'.' '. . '. . - ." . .. ~ dr'.. '. · . . " ;;,.;:]" :~.~}d~~~t:r.:'i~.~ :~.i2:6~ . ",', r,~ . r.. " .' 'J ,'" . .'<'\' . " ',,',.6~< a ',. .'<t,: W O.'U') tr: 0 .J (.) .' ~..' "" . . ~ . .._ . J '" .. .. ","., . ' '~bNCE:SSI0N:-. '.. 0,(< ~~ , , r g, VIi: .A'NGtt '".'. ". " I / LOT 32,CbN,2 . (PLAN IO'R.2877'}, ' ROAD ALLOWANCE 8ET'NEEN CONCESS10 NS I AND 2 s c ~ E au L E fOl\~7'OF'L07 iC0:--lCESS10~ 32 2 ,; ;.. ... .. .~',' ...' - ,-'- ,": .2/ T~SI. \! 0 AR~A 123974 O.OOSho , ..' ~. ~ . ' . " ~ ..' .. " 'I' t ' i iPLAN , i i J ~ I l ~ i ,4 IOR~3cn~ lREQ111RE TH1S oLAN TO 8E DC'po....,---n U"f'\C'R --H'- 'I ..... ~II:..L 1\lL.._. I, t"- . I.REG,ISTR~~CT" Ilh' 1 DATE 'l/I~?~/"I~I . k~-~ R.S',~ ! REC::1VE8 A~D DE?OSlT~D 1 i DATE __~lJ13j__ ~:I()t ,~ ___ __ ~_b~~_ LAND RS 5i ~AR :=OR THE REGISTRY DIV1SlON OF N EWCAS'iLE {NC 10) I I PLAN OF SURVEY OF PART OF. LOT :3.2'" ICONCESSION .2 I (GEOGRAPHIC' TOWNSHIP "OF DARLINGTON; I COUNT,Y OF, DURHAM) , ,NOW IN THE TOWN., 'OF', NEWCASTL.E I REGIONAL. MUNICIPALity OF DURHAM SCALE o 5 r 1 : 500 to 20 40m r J.D. B'AR'NES L,tMJTED~'99J METRrc DISTANcEs, SHOWN ON'THIS ,PLAN 'AREIl\1METRES AND' ,', ' CAN aE,C'ONY'E:~rrE:D.;-TO FEE"il~Y' OIVtOIN(3: BY.o.~o4'a,' NOTES: .aE't\RJN~ IiSREON 'ARE AST~'ONOMIC ANOAliE~EF'€RRE:D to 'THE. " WESTERlY LIMIT' OF' ~T 1AS 'SHOWN ON' PLAN.: IOR.- 3,262, HAVtNG A BEARING OF,N leo 34"2d'w, ...... '" ," , , ' . " (. , DENOTES. 'SURVE..f;--.oOOMENT.FOUNO ~ . ': , DENOTtS-SURYE.Y ,MOmJM5N't :?LLtN:iEO...,.. ' 'OENOT~S '.',stnN'O-A~of~ON9A~ ..- , PENOTES ., .tRONaA~, " " " '.. '. .... ,DE:l'lOTES .: GtORGt:, DOUGL&sr "COOGA'N '. O.l.;.s. ot~TES '. M.,O:~..8R:O~.O.L-;S::..~ ' , 'DE:r::iOT,ES '~., .' PLt\'N/-"lOff;::' ~:?f'9.' '/ ': . ' :.. " ' .... ,', . .Q. '. .. StB," ,lB. : cf414} ~nOs} " ..\ ~ } ',' .. " ,'" .~. GAU.TION THts OlAtQ fS.''NO'TA: ~'AN .Or::SUBOfYl$lUNWlTH1N THE. M~ A N-t~(;.t>F ..i~' PL ~'NN.l'N~ .~Act.' SURVE'YOR'S :C'ERtft=Jc;.;i~."', ..' :">.. .' C~'T~YT~AT: " . . . '1. ' THiS ,~h.lRVEY ANOPlAN' 'ARE C,t)RR:EC.T 'A:No J1'4 ACCOR'i>ANC'EW1TH 'PotEl Stl~E:YS AC:T AND THE REGtSTRY ACT. ANt) T'HE, , RE,'GlJL,tt:riONSMADE' TH'EREIJN,t)ER. '. : 2. THE SU~V'E,"' WAS :,COMP'\..~r12D, 'ON T~E' 13th t:h\Y."OF: . MAY . , t991 , DAT{_1l!.O!t!.5~J .-:: '~-".rC'0A~~~- '..J '., R : S. t<'AR151E: L' . , '. ': '. ONT:t\Rlo. l.A~~. ~l:l~VEYOR ".' .J . " SUR~EY~NG',''- , M:L\PPlNG ~ - ~ . ." tANi) lNfOifMA lION SERVlCES . ' Joll ~~NES , O~F'CE:O~ORtG1N'" 110 SCOil A COllRT, \JNli '* 24 WHlTSY . O~TARlO L:'N BY 7 ; (416) 723- - \212 [)R,'\\~ l;n I \ CH~( '<W?''' ~~~~Rl;~(!-'lO,: 89 - 25 - 464 - 02 {'!I c, ~ ~ ~ R S. II( Page 66 SCHEDULE "G" nlls SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-Law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. WORKS REQUIRED 1. STORM SEWER SYSTEM The Owner shall construct, install and supervise the construction and installation of and maintain a storm drainage system, satisfactory to the Town, for the removal 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 agrees to submit Engineering Drawings for the Storm Sewer System, to the satisfaction of the Director. The Owner agrees to obtain any easements required by the Director which are external to the said Lands, at no expense to the Town for the disposal of storm water from the said lands and transfer the same to the Town. Paragraphs 2.4 and 2.7 of this Agreement apply with all necessary changes to them being considered to have been made to give effect to the intent of this provision. 2. ROADS The Owner shall construct and install the following services on the streets shown on the Plan at its costs as follows: (a) Pavement widths to be applied to the streets shown on _the Engineering Drawings. (b) The grading and paving of all streets, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be in accordance with the Town's Design Criteria and Standard Drawings. (c) The Owner shall construct curbs and gutters on both sides of all streets, in accordance with the Town's Design Criteria and Standard Drawings. ,- (d) (e) (f) (g) (h) Page 67 The Owner shall construct, install and maintain complete sidewalks in accordance with the Town's Design Criteria and Standard Drawings as shown on the Engineering Drawings. The Owner shall grade and pave all driveways between the curbs, and sidewalks, in accordance with the Town's Design Criteria and Standard Drawings. The Owner also shall grade and pave all driveways between the curbs and sidewalks, where sidewalks are installed, and in all other cases, to grade and gravel the driveway between the curbs and the lots lines. The Owner agrees to construct, install, energize and maintain street lighting, in accordance with the Town's specifications on all streets and walkways in this Agreement, to the satisfaction of the Director. The Owner agrees to install the topsoil and sod the boulevards between the curbs and the property line, in accordance with the Town's Design Criteria and Standard Drawings and approved Landscaping Plan, to the satisfaction of the Director. The Owner agrees to supply, install traffic signs and permanent street-name signs, in accordance with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Director. , 3. PEDESTRIAN WALKWAYS The Owner agrees at its cost to construct, install and maintain in accordance with this Agreement completed pedestrian walkways, including all boundary fencing and lighting, in accordance with the approved Engineering Drawings, the Town's Design Criteria and Standard Drawings and the Landscaping Plan. All such pedestrian walkways shall be: (i) paved or concrete from edge to edge; (ii) properly drained; (iii) fenced and screened; and (iv) extended to the curb of any intersecting street with appropriate curb cuts at these locations. 4. TEMPORARY TURNING ClRCI,ES The Owner shall tr~fer to the Town an easement for the temporary turning circle required by the conditions of draft approval of the Plan in accordance with the Town's Design Criteria and Standard Drawings, and shall construct and maintain .. Page 68 such temporary turning circle in accordance with the Town's Criteria and Standard Drawings, to the satisfaction of the Director. On the termination of the easement for the temporary turning circle, Part _on plan of survey deposited of record in the Land Registry Office as Plan lOR shall be transferred by the Town for a nominal consideration to the Owner or to its successor or assign(s) who then own the lots which abut the easement area for such temporary turning circle. 5. CONSERVATION WORKS In addition to the work required by Schedule "Q", the Owner shall construct, install and maintain certain conservation works within this Plan, such as retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences and all other apparatus, in accordance with the Engineering Drawings approved by the Director. 6. WT GRADING The Owner shall rough grade the Lands in accordance with the Tree Preservation Plan and the Grading and Drainage Plan, to the satisfaction of the Director forthwith following the Director giving the Owner written notice requiring it to do so. 7. LANDSCAPING (a) The Owner shall complete and install all landscaping requirements for the roads provided for in this Agreement and the installation of fencing in accordance with the approved Landscaping Plan. (b) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist the tree and shrub planting requirements provided for in this Agreement in accordance with the Landscaping Plan. 8. FOOTBRIDGE The Owner shall design, construct, install, supervise and maintain the footbridge, located at the rear of Lots 68 and 69 of the 10M Plan in accordance with the Ontario Highway Bridge Design Code and the Town's Design Criteria and Standard Drawings. .4 Page 69 9. EXTERNAL AND/OR OVERSIZED SERVICES (a) STORMWATER DETENTION AND WATER QUALI1Y WORKS The Owner shall design, construct, install, supervise and maintain the water quality and storm water detention Works located on Block on the 10M Plan, and the stormwater outfall to Robinson Creek in accordance with G.M. Sernas & Associates Ltd.'s Project No. 88031, Drawings No. P-llO, P-1l1, P-1l2, draft dated May 1990, and the "Robinson Creek Master Drainage Study" draft dated January 1991, both as finally approved by and on file with the Director. (The aforesaid stormwater detention work is called the "Stormwater Detention Work" and the water quality works are called the "Water Quality Work"). The Owner agrees to maintain at its cost the Stormwater Detention Work and the Water Quality Work to the satisfaction of the Director until the expiry of the period of the Maintenance Guarantee in respect of them. The Stormwater Detention Work and the Water Quality Work shall be maintained in a neat and tidy condition, compatible with the abutting land uses. The maintenance required shall include but not be limited to items such as periodic grass cutting, control of noxious weeds, collection and disposal of litter and sediment and any maintenance works that may be necessary to maintain the intended function and operation of the Works. (b) TRIBUTARY STORMWATER MANAGEMENT WORKS: INCLUSIVE OF ROBINSON CREEK EROSION" CHANNELIZATION DETENTION. WATER OUALI1Y AND TEMPORARY EROSION CONTROL WORKS The Owner shall design, construct, install, supervise and maintain all the Stormwater Management Works specified in the "Robinson Creek Master Drainage Study", draft dated February 1991, prepared by G.M. Sernas & Associates Ltd, as finally approved by and on file with the Director, and Drawings G-107, P-110 and P-112 of G.M. Sernas & Associates Ltd.'s Project No. 88031, draft dated May, 1990, as finally approved by and on file with the Director. These Works include erosion protection, channelization, Water Quality Work, storm water detention facility, landscaping and fencing. In addition, these Works include all temporary erosion control works required to perform the Works. (the "Tributary Stormwater Management Works"). The construction of the Tributary Stormwater Management' Works shall comply with the provisions 'of the "Robinson Creek Master Drainage Study" as finally approved by the Director together with any, contingency items and works deemed .-.. -~ Page 70 necessary by the Director of which the Director has given the Owner notice in writing. The Owner agrees to obtain at the Owner's expense and on the date of execution of this Agreement to transfer to the Town any lands or easements considered necessary by the Director to accommodate the construction, implementation and/or maintenance of the Tributary Stormwater Management Works. Paragraphs 2.4, 2.5 and 2.7 of this Agreement apply in respect of such transfers with all necessary changes being considered to have been made to give effect to the intent of this provision. The Owner agrees to maintain at its costs the Tributary Stormwater Management Works, to the satisfaction of the Director until the expiry of the period of the Maintenance Guarantee in respect of it. They shall be maintained in a neat and tidy condition, compatible with the abutting land uses. The maintenance required shall include but not be limited to items such as periodic grass cutting, control of noxious weeds, collection and disposal of litter and sediment and any maintenance works that may be necessary to maintain the intended function and operation of these Works. The Owner shall satisfy any requirements financial or otherwise which are allocated or assigned to it in the "Robinson Creek Master Drainage Study" and the "Cost Sharing Report" for this watershed as approved by and on file with the Director forthwith after the Director gives the Owner written notice requiring Owner to do so. (c) OKE ROAD AND GLENABBEY DRIVE RECONSTRUCTION WORKS The Owner shall reconstruct (1) Oke Road from Block 113 on the 10M Plan westerly to the easterly limit of the road allowance between Lots 32 and 33, Concession 2, former Township of Darlington, and (2) Glenabbey Drive from Block 114 ~n the 10M Plan westerly to the westerly limit of the Lands including: (i) excavation; (ii) grading and drainage; (iii) installation of granular "A" and "B"; (iv) asphalt paving; (v) street lighting; (vi) paving of driveways approaches; (vii) sodding of boulevards; (viii) curb and gutters; (ix) sidewalks; and Page 71 (x) Storm Sewer System and all appurtenances; (the "Oke Road and Glenabbey Drive Reconstruction Works"), all as shown on G.M. Sernas & Associates Ltd.'s Project 88031, Drawing No. P-105, P-107, P-108, P-111, draft dated May 1990 as finally approved by and on file with the Director. All work shall be completed in accordance with the Town's Design Criteria and Standard Drawings and the Engineering Drawings. Without derogating from the provisions of paragraph 5.27 of this Agreement the Owner agrees to pay all of the costs of the Oke Road and Glenabbey Drive Reconstruction Works which in the Director's opinion are required for the short term prior to the future reconstruction of Oke Road and Glenabbey Drive in order to accommodate for the short term that the anticipated vehicular traffic to and from Phase 1 of the Development of the Lands and to and from each Phase Subsequent to Phase 1 of the Development of the Lands. Page 72 SCHEDULE "G-l" THIS SCHEDULE IS SCHEDULE "G-l" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. STAGING PLAN (TO BE ATIACHED) N I . r - "j . , WG G- 101 HQIE ANO LEGl:NO 5[E 0 ' ~~~u.. 1 \ I I '4. I I I I I I I I ~ ", \ , \ , .I \ " ! '\. \ \ , \ \ \ ,(1 ,._ ~ .~. . '. . '.-:._- " '. '. ~. Of AlL EllIST. FOR L0CA11ON CllNCERNEIl TO BE IlE~S U1ILI1lEfu ANY ~lY COllIR~~ U~~V NOll~ NO":~1lES :If, ~ REQUIRED COllSULT....T11ON Of ElliS FORGI~~.v~ ~ IOCAlEO ON .- Page 73 SCHEDULE lIH" THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th 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 ~talled underground. The Owner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in whose ownership the system shall vest upon acceptance of the Works including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone limited 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. 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, Page 74 including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 5. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. 6. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of a mail distribution system to service the said Lands, in the location as approved by the Director. Page 75 SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation ofthe Town of Newcastle, enacted and passed on the 24th day of June, 1991. DUTIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirements of this Agreemen4 the Owner's Engineer shall prepare drafts of the following for the consideration and approval of the Director: (a) the Engineering Drawings; (b) the Grading and Drainage Plan; (c) the Landscaping Plan; (d) the Schedule of Work; (e) the Staging Plan; (f) the Works Cost Estimate; and (g) the Stage Cost Estimate. The approval of the Director shall not absolve or release the Owner or the Owner's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, or documents or from liability for any damage or loss caused or resulting directly or indirectly by the Owner's Engineer. 2. REPRESENT OWNER AND OBTAIN APPRQVALS The Owner's Engineer is hereby authorized by the Owner and shall act as the Owner's representative in all matters pertaining to the construction and installation of the Works and shall co-operate with the Town to obtain the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous inspection service during all phases of the construction and installation of the Works,and the private works and to perform the following: Page 76 (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; (d) provide co-ordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director; (e) investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the as-constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation and make them available for examination by the Director as required by the Director. 5. PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as appr~ved by the Director. JAKE AS-CQNSTRU~D DRAWINGS 6. The Owner's Engineer shall prepare and submit as-constructed drawings requ red by the Director for the approval of the Director. Page 77 SCHEDULE "J" THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. WORKS COST ESTIMATES STAGE 1 SUB-TOTAL 5% CONTINGENCIES SUB-TOTAL 10% ENGINEERING $ 323,194.04 $ 174,038.71 $ 131,600.91 $ 23,754.00 $ 23,780.75 $ 0.00 $ 160,286.00 $ 161,498.96 $ 11,684.40 $ 7,490.00 $ 78,404.00 $ 150,400.00 $ 36,380.00 $ 1,282,511.76 $ 64,U5.59 $ 1,346,637.35 $ 134~663. 73 I-STORM SEWERS SYSTEM (EXCLUSIVE OF CHANNELIZATION WORKS) 2 ROADS - YEAR 1 3 ROADS - YEAR 2 4 STREET TREES 5 STREETLIGHTING 6 FENCING 7 PARKS DEVEWPMENT 8 STORMWATER DETENTION WORK 9 WATER QUALIlY WORK 10 SILTATION CONTROL 11 CHANNELIZATION WORK U OKE ROAD AND GLENABBEY DRIVE RECONSTRUCTION WORKS 13 GRADING (R.O.W. & FUTURE WTS) TOTAL ESTIMATED COST OF WORKS $ 1,481,301.08 TOTAL VALUE FOR PERFORMANCE GUARANTEE RELATIVE TO STAGE 1 WORKS: ~ 11481~~21.08 The Performance Guarantee for the Works is based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Works Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost Estimates shall be used as a basis to adjust the value for the Performance Guarantee, in the event of an increas~ or decrease in the Works Cost Estimates. Page 78 SCHEDULE "K" nns SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed the 24th day of June, 1991. INSURANCE REOUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Town's Treasurer and licensed in Ontario to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damage or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; ( c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may results from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Town or to the property of any other person either directly or ind'irectly 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. Page 79 2. AMOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Town and shall provide the following minimum coverages for five million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Town shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives. " Page 80 SCHEDULE "L" THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REGULATIONS FOR CONSTRUCTION 1. REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director permission to carry out the blasting operation. 2. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purposes and such topsoil must remain within the limits of the said Lands. 3. DUMPING OF FILL OR DEBRIS The Owner shall not dump, or permit to be dumped, any fill or debris on the said Lands, or to remove or permit to be removed any fill from any land to be transfered to the Town, other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garbage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands and to ensure that no burning of construction garbage or debris is permitted on the said Lands. s. QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Town may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed on the direction of the Director. The costs of such tests shall be paid by the Owner. Page 81 6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS During this Agreement the Owner at all times ensure that all public roads abutting the said Lands and all public roads used for access to the said LandsJ during any construction on the said Lands, are maintained in a condition equal to that 'now existing and to the approval of the Director. The Owner shall maintain at all times, all such roads free of dust and mud originating from the said Lands during the course of construction. H damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner shall not use or occupy any untravelled portion of any public road allowance without the prior written approval of the Town or authority having jurisdiction over such public road allowance. 7. MAINTENANCE OF INTERNAL ROADS Prior to the placement of the base course of asphalt on any road required to be constructed under this Agreement, the Owner shall remove any contamination of the granular base course and repair and replace such base course, where necessaryJ to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads on the Lands are assumed by the Town, the Owner shall maintain all internal roads in a condition acceptable to the DirectorJ and shall ensure that such roads are free of dust and mud at all times to the satisfaction of the Director. 8. WEED AND RAT CONTROL After the commencement of construction, the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. Page 82 SCHEDULE "M" THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table: LOT OR BLOCK NUMBER ON PLAN 18T-88022 PERMITrED LAND USE Lots 1 to 105 inclusive on draft Plan of Subdivision 18T-88022 Residential Page 83 SCHEDULE WN" THIS SCHEDULE IS SCHEDULE WN" to the Agreement which has been authorized and approved by By-Law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for the erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER ON PLAN 18T -88022 LAND USE Blocks 55, 56, 57 and 58 on Plan 10M of Phase 1 of the Development of the Lands Pending future development, these Blocks shall be maintained by the Owner. Page 84 SCHEDULE "P" THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. 1. OKE ROAD AND GLENABBEY DRIVE RECONSTRUCTION WORKS Preliminary Total Estimated Costs: Preliminary Owner's Share: $150,400.00 $150,400.00 2. TRIBUTARY STORMWATER MANAGEMENT WORKS Preliminary Total Estimated Costs: Preliminary Owner's Share of Costs: $251,587.35 $251,587.35 Page 85 SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-Law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. CONSERVATION AUTHORITY'S WORKS CENTRAL LAKE ONTARIO CONSERVATION AUTHORI1Y (CLOCA) (1) No grading, filling or alterations to the Robinson Creek shall occur without the written approval of the Central Lake Ontario Conservation Authority. (2) Prior to commencement of site preparation, the applicant shall obtain Central Lake Ontario Conservation Authority approval of plans which indicate sedimentation control, stormwater outfalls and 100-year flood overland routing, and the means to ensure that buildings will be protected against surcharge flooding from the Robinson Creek under regulatory flood conditions. (3) Prior to final approval of the 10M Plan: (a) the applicant shall prepare to the satisfaction of the Central Lake Ontario Conservation Authority a master drainage plan for the Robinson Creek watershed; (b) the Central Lake Ontario Conservation Authority is to be satisfied that the Stage 1 Robinson Creek Master Drainage Plan recommended works will be completed to its satisfaction; and (c) the Applicant shall advise the Central Lake Ontario Conservation Authority in writing that he will not object to the changes in flow conditions on his lands which may result from the channelization of the Robinson Creek and/or the construction of a flood control detention pond. (4) (a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority, the recommendations referred to in the report required in Condition (3) of this Schedule "Q". Page 86 (b) The Owner shall carry out or cause to be carried out to the satisfaction of the Central Lake Ontario Conservation Authority site grading, sedimentation control, storm drainage and basement floodproofing measures. (c) The Owner shall agree to complete the channelization of the Robinson Creek based on plans acceptable to the Central Lake Ontario Conservation Authority before or concurrent with the construction of residences on the site. Page 87 SCHEDULE "R" THIS SCHEDULE IS SCHEDULE IIRII to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ENGINEERING AND INSPECTION FEES Estimated Costs of Works Fm Up to $100,000.00 4% to a MAXIMUM OF $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $3,000,000.00 to $4,000,000.00 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of Works shall include the Cost Estimates as specified in Schedule "J" hereto, and shall include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Town are subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Town. The aforesaid amount is to be paid prior to issuance of the Authorization to Commence Works for each stage shown on the Staging Plan. Page 88 SCHEDULE liS" THIS SCHEDULE IS SCHEDULE IISII to the Agreement which has been authorized and approved by By-Law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REGION'S CONDITIONS OF DRAFt APPROVAL OF PLAN OF SUBDMSION 18T.88022 1. That this approval applies to the draft plan prepared by Spectraconn Consulting Services, dated October 1989, revised in red, which illustrates, as revised 26, lots for single detached residential units, 75 lots for 152 semi-detached units, one block for storm water channel, one park block, a block for public walkway and blocks reserved for future development. 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 reserves, shown 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. This shall include a 0.3 metre reserve around the temporary construction access required in Condition 6. I 6. Thatl the Owner shall provide and maintain a temporary construction access linking Street B to Oke Street to the satisfaction of the Town of Newcastle. 7. That Block 112 on the draft plan shall be dedicated to the Town of Newcastle as pub c walkways. 8. That, the Owner shall convey land to the Town of Newcastle for park or other public reer ational purposes in accordance with The Planning Act, as amended. Alte atively, the municipality may accept cash-in-lieu of such conveyance. Page 89 9. That Block 106 on the draft plan shall be dedicated to the Town of Newcastle as Open Space and be adjusted to accommodate regional storm levels within its boundaries to the satisfaction of the Town of Newcastle. 10. That the Owner shall submit a Landscaping Plan and a Park Site Master Plan prepared by a qualified landscape architect to the Town of Newcastle for approval. 11. That the Owner shall submit a Master Drainage and Lot Grading Plan prepared by a professional engineer to the Town of Newcastle for approval. 12. That the Owner shall submit a Conceptual Site Servicing Report prepared by the Owner's Engineer to the Town of Newcastle. 13. That the Owner shall provide an engineer's or surveyor's verification that no portion of any proposed residential lot has coverage below the regional storm floodline elevation. 14. That such easements as may be required for utilities, drainage and servicing purposes shall be granted to the appropriate authorities. 15. That the land uses shown on the approved draft plan shall be placed in appropriate zoning categories in a Zoning By-law passed by the Council of the Town of Newcastle in accordance with The Planning Act 1983, as amended. 16. That the Zoning By-law referred to in Condition 15 shall contain the appropriate provisions to restrict any building or structure, other than those necessary for flood or erosion control, on Block 106. 17. No grading, filling or alterations to the Robinson Creek shall occur without the written approval of the Central Lake Ontario Conservation Authority. 18. Prior to the commencement of site preparation, the applicant shall obtain Central Lake Ontario Conservation Authority approval of plans which indicate sedimentation control, stormwater outfalls and lOO-year flood overland routing, and the means to ensure that buildings will be protected against surcharge flooding from the Robinson Creek under regulatory flood conditions. Page 90 19. Prior to final approval of the plan: (a) the applicant shall prepare to the satisfaction of the Central Lake Ontario Conservation Authority to a master drainage plan for the Robinson Creek watershed; (b) the Central Lake Ontario Conservation Authority is to be satisfied that the Stage 1 Robinson Creek Master Drainage Plan recommended works will be completed to its satisfaction; and (c) the applicant shall advise the Central Lake Ontario Conservation Authority in writing that he will not object to the changes in flow conditions on his lands which may result from the channelization of the Robinson Creek and/or the construction of a flood control detention pond. 20. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 21. 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. 22. That prior to final approval of this plan, the Owner shall satisfy all requirements, financial and otherwise, of the Town of Newcastle. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Town of Newcastle concerning the provision and installation of roads, services, drainage and other local services. 23. That prior to final approval of the plan, the Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, road and other regional services. Page 91 24. That the subdivision agreement between the Owner and the Town of Newcastle shall contain, among other matters, the following provisions: (a) The Owner shall carry out, or cause to be carried out, to the satisfaction of the Central Lake Ontario Conservation Authority, the recommendations referred to in the report required in Condition 19. (b) The Owner shall carry-out or cause to be carried-out to satisfaction of the Central Lake Ontario Conservation Authority site grading, sedimentation control, storm drainage and basement floodproofing measures. ( c) The Owner shall agree to complete the channelization of the Robinson Creek based on plans acceptable to the Central Lake Ontario Conservation Authority before or concurrent with the construction of residences on the site. 25. That prior to final approval of this plan for registration, the Commissioner of Planning for the Regional Municipality of Durham shall be advised in writing by: (a) the Town of Newcastle, how Conditions, 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 22 have been satisfied; and (b) Central Lake Ontario Conservation Authority, how Conditions 16, 17, 18, 19, 24( a), 24(b) and 24( c) have been satisfied. (, . .. Page 92 SCHEDULE lITlI THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized and approved by By-Law. No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. TREE PRESERVATION PLAN (See Attached) Page 93 SCHEDULE .11" THIS SCHEDULE IS SCHEDULE "11" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LANDSCAPING PLAN (See Attached) I' 111f APPUCANT WL1. I5f Rf6POH!lIIL.f TO ACQUltf THf NfCf6&ARY APPROVAL!! I"ROM Tt1[ UTl.ITY COf'pAH[!! ftK) THf RfSf"ONMl.f REAP AUTHOItITY o.r:. Nr.:WCA6Tl.f I"IJ!lIC WORKfl DfPARTMfHT:> PRIOR TO THf: t16TALLATION Of THE lANDSCAPf:' WORKS> ON TH[ I'tHCf'AL eouLfVARD. .....". r.~--, I I I , I I I I I i I I L___-' / ./' / / / .I / / .I I i --A / l ; I i I i I / "- PLANT UST KEY NO. BOTANICAL NAME Ace ...ACer .11~1Ir* ~'.IUlJt_. Nt4 te,,,,.. pt__.... 'aM'...."'.......... .. 1.'1ftUl..~"J1.u...r Of 1 .'~.~.. p.,. ... Pft.1fr....,,..... Pva ... ...... ___......... Qr II ........ ". ft ....... "dreII." - COt-AMON NAME SIZE REMARKS O~MMg'" ~.~....... "'A$b' . ......(. f'IanlIW-loeuIl kDvWI~P AnM __r_. -....n Chc*ebIDy Redo. .~Und8n 8OInm.CIIt 8Qfnm.eaI 8OfNJt.. eomrn... 68mm,C8I 8OmIn._ 6Omm.cal 6Qmm.Q81 6Gmm._ WIl WI .. WI ~. we WB WI WI - ~ ~ovr OHL Y DfAP OR 8ROKfN 8RAtiCHEfl. TRf:AT ALL curS> ~ ' ~ _. ovr:~ 15mt DIAM. WITH APfaROVfD ., ~ ~ TRf"E PAM. '.J ~ V"~ >0- -~~~C~ =-AT~;i.~W~~. ,- flCCIAItf' WITH #10 WRf: Tt:tRfADfD ~ _ '\. "r ;/...L. THROUGH 13111111 D1A. Rl.JMER HO!>[. ~ i"""'-;1'./ ~ !>TAKf' T~fE ON wtIDWAIW !>lDf. ~. ~"""""- - I WRAP TRUl'lK ~OM TOP Of BALL TO 305m A50V[ FltflT eRANCH ""'" ./.J. ~ I WITH APPROVEP Tlitfi: ~P ~ ,-...../ ~ ~ ~ I 5OL.MN1UM DfPTH Of" 475C1'-G') ~ o i" ~ ... I RfMOVf TOP 1/3 Of" 6URLAP fROM r------- ---j ROOT8ALL ~I I ~ I-- I PROVlDf 100mm Of' SHRf:DDfD I I'U.CH IN 100M Dff.1" 5AUCr:~ i~-----.J fllltOVDf THlIt[f 21 CottAM A(iIItII"OIIlM I TAeLn& AROIH> ROOT 5ALL. APPROVED PLAHTfoIC. &OL I1X ! > (-\ v, , WASH TOPflOl. INTO &PACE~ AROU'W ROOT BALL LEAVlNC. NO ~ POCI(fT~ H LH:IIflTl.efD SLe-OR.c\Df 11~ COI'PACTfD MOUHO Of -r APPttovm PLAI'fTIItG !tOlL I1X PLANTING &01. J1)( G PAAT& GOOD QUALITY TOPflOll 2 P~6 wtLL lItonfD COW MANlJU: 1 PART PfAT 1'10&& .56 Jq,Ofl/cui!Ilc Mr:TUC1 L5. I50Nf- MfAL P'E1t CUBlCYAItD&OI. HOTE' ALL llt1E~OHSIN I1.Lt1nRf"5 r-\ STANOARD TREE PLANT1NO \J vtlllCAL WOOD STAKES D-PLOO34 -.. -J5O - - I 130&1 v..... I~I . . r ~ .. "' LOCATION MAP GENERAL NOTES .. 1. CONTRACTORS I1J&T Ol'TA'" APPROVAL Of" TlU:f LOCATION 51AKf: OUT BY LAND5CAPf ARc.Hfll:CT AND MUNICIPAL REPRC&r:NTmvr: 2. F'INAL TRa NUM5E:R& AND lOCATIONS TO 5f DfTtRMN:D ON-&lTE 3. ALL PI. ANT MA TfltlAL ~ ARE lH>fJt A ON( C 1 ) YCAR GUARANTf:l AND MAtfTfNAtiCE PfRlOD !"ROM TI1E TIMf Of ffiAL I>UtClPAL APPROVAL 4. CONTRACTOR &HALL CHf'(;I( AND VERIf"Y ALL OlI1f:N&IOH& ON s.rrr: ~ Rff"ORT ANY D1SCIttl"ANCIr:5 TO THf LANDSCAPE ARCHlTfCl PRIOR TO CON6TRUCTION ~. THI!> DIUoWttG IS NOT TO 8f UflfD fOR CONSTRUCTION l.Im. SlGN[D 8'1' THf LA/'l)SCAPf ARettrTfC T 5ueD1V&l0N f"f."lClfllc. fllCA TrD ON ntGlNf'ffttlG PlAH& BY C..M. !>[~A& PARK f'fNCtIc. INDlCATrD ON PARK f'lAH& 5'1' HO<<Y I(ORTEtv.A& ... A&&OC. 04/26/91 AS PER TOWN COMMENTS NO. , DATE DESCRIPTION REVISIONS '" HENRY KORTEKAAS &: ASSOCIATES INC. LANDSCAPE ARCHITECTURE, ENVIRONMENTAL &: RECREATIONAL PLANNING 73 OLD KINGSTON RD. 1oJAX. ONT. L 11 JA6 427-2782 688-4808 KORTEKAAS CADD PLOTTING 73 OLD KINGSTON RD. AJAX. ONT. L 1T 3A6 427-2782 686-4808 t:Ro.JECT ~ PENWEST DEVELOPMENTS SPRINGFIELDS SUBDIVISION NEWCASTLE ONT. DRAWING STREET TREE PLANTING DATE PLOnED: DA TE PRINTED: DRAWN BY: SCALE: FILE NAME: K.R.B. 1:1000 Cfl012-L 1 CHECKED BY: PROJECT STARTED: DRAWING NO.: 02/25/C11 n II DESIGNED BY: PROJECT NO.: ~U V.W.M. Cfl012.0 .~ - . ; -- :.. Page 94 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-Law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. REQUIREMENTS OF OTHER AGENCIES MINISTRY OF NATURAL RESOURCES Prior to the commencement of any grading or construction on the site, the Owner shall submit for the review and approval of the Ministry of Natural Resources, a Site Drainage and Soil Erosion Control Plan that shows all proposed surface drainage works and describes the means to minimize on-site erosion and sedimentation of Soper Creek, both during and after grading and construction. The Owner shall implement the Lot Grading, Site Drainage and Erosion Control Plans for the site as required by Condition 13 of the Commissioner's approval of draft Plan of Subdivision 18T-88024 as amended on April 31st, 1989 contained in Schedule "S" hereto. The Owner shall not dam, dredge or alter the tributary of Soper Creek adjacent to Bradshaw Street without prior written approval being given by the Ministry of Natural Resources. Page 95 SCHEDULE "W" THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. ARCHITECTURAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the following architectural control standards: 1. EXTERNAL MATERIALS: a) Exterior construction must be a minimum of forty (40%) percent masonry products excluding stucco and concrete blocks. No substitution is allowed except by written permission of the Director of Planning and Development. b) Dwellings sited at corners require full height masonry products on all elevations. 2. COLOURS: a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such as earthtone range, pastel range, grey/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. (mPETITION OF ELEVATIONS AND S1YLES: 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. .- . , . d c) Page 96 Dwellings which mimic the influence of a particular architectural influence (eg. Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting the same architectural influence. . 4. OTHERS: a) All metal roof vents and stacks must be located in the rear slope of roofs and must be painted to match the roof colour if exposed to public view. b) All dwellings must carry brick 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. . , Page 97 SCHEDULE "Y" THIS SCHEDULE IS SCHEDULE "Y" to the Agreement which has been authorized and approved by By-law No. 91-98 of the Corporation of the Town of Newcastle, enacted and passed on the 24th day of June, 1991. LEGAL DESCRIPTION OF THE ROAD LAND Those lands and premises in the Town of Newcastle, in the Regional Municipality of Durham which are more particularly described as Part 1 on plan of survey deposited of record in the Land Registry Office as Plan lOR -