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Home My WebLink About84-105 " .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- 105 being a By-law to authorize the entering into of an Agreement with Walter Schleiss and Raymond D. Holland and the Corporation of the Town of Newcastle. 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 Walter Schleiss and Raymond D. Holland and the sai d Corporation dated thi s jlJ#.... day of ~ ' 1984, in the form attached hereto as Schedul e "X". 2. THAT Schedule "X" attached hereto forms part of thi s by-l aWe BY-LAW read a first time this 3rd day of day of August August 3rd 1984 1984 BY-LAW read a second time this 3rd BY-LAW read a third time and finally passed this day of August 1984 ~~ ~~.~ .. , C K . , I FIle No....LzP..:.j(j;.".I..!.Z....._........1 J11I,*,.~:I!>...l '. ' " ~ . ...' < I '. L THIS AGREEMENT made in quintuplicate this (o1t:day of .tk-LAA__tr 19Kf. ",-Zf- - BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the "TOWN" OF THE FIRST PART, - and - WALTER SCHLEISS AND RAYMOND O. HOLLAND Hereinafter called the "OWNER" OF THE SECOND PART WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in. Schedule "A" hereto, are hereinafter called the "Lands" and constitute 8.69 h~ctares, Phase I: .'. AND WHEREAS the Owner warrants that it is the registered owner of the lands; AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the Lands; AND WHEREAS the Owner warrants that it has applied to the appropriate Ministry of the Government of Ontario, hereinafter called the Ministry, for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Ministry.s conditions for such approval, the Owner has consented to enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, hereinafter called the "Region" to satisfy the requirements of the Regional Municipality of Durham, financial and otherwise; AND WHEREAS the Owner warrants that it has or will enter into an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; NOW THEREFORE in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: I BX-Iaw No...$'i~~ 11~~:::-:'-~~:~~,r'7'.'~"""'! -'-":~":~"'!""...".,~:..," - -- ' ) ~. " .. -4 . 1 ) - 2 - 1. DEFINITIONS In this Agreement: 1 .1 ICounci1" shall mean the Counci 1 of the Corporation of the Town of Newcastle; 1.2 "Director" shall mean the Director of Public Works of the Town of Newcastle or his designated representative as may be appointed by Council to act in his place; 1.3 "Treasurer" shall mean the Treasurer of the Corporation of the Town of Newcastle; 1 .4 "Di rector of Community Services II shall mean the Di rector of Community Services of the Corporation of the Town of Newcastle; 1.5 "Director of P1anning" shall mean the Director of Planning of the Corporation of the Town of Newcastle; 1.6 "Sol icitor" shall mean the Solicitor of the Corporation of the Town of Newcastle; 1.7 "Owner" shall include an individual, an association, a partnership or a corporation and wherever the singular is used herein, it shall be construed as including the plural. 1.8 IApp1icant" shall mean an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this agreement. 1.9 "Minister" shall mean the Minister of Municipal Affairs and Housing, Ontario. , ~ .. , , , I - 3 - 2. GENERAL 2.1 CERTIFICATION OF OWNERSHIP (1) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the said Lands and setting out the names of all persons having an interest in the said Lands and the nature of their interest. (2) The Owner shall, at the time of the execution of thi s Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land excluding the said Lands, which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of this Agreement. 2.2 COpy OF PLAN AND AGREEMENTS REQUIRED The Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Ministty. The said plan is attached hereto as Schedule "8" and is hereinafter called ~he "Plan". The Owner shall also furnish to the Town at the time of the executi~n of this Agreement, one copy of the said Plan containing the stamp of approvap of the Region, and a copy of the subdivision agreement entered into between th~~ Owner and the Region with respect to the said Pl an if such approval and/or "4' Agreement is in existence at the time of the execution of this Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement, the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the 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, or, if such agreement or agreements are not in existence at the time of the execution of this Agreement, the Owner agrees to provide the Town with a copy of each such agreement immediately after such agreement is signed. 2.3 DEDICATION OF EASEMENTS (1) The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed transfers of easements free and clear of all encumbrances as set out in Schedule "E" hereto. (2) If, subsequent to the registration of the Plan, but prior to the issuance of a building permit in respect of a lot or block, further easements are required for utilities or drainage, or other purposes, in respect of any lot or block within the Lands, the Owner agrees to transfer to the Town such further easements upon request. The Town shall not unreasonably request such further easements, and in no event shall a further easement be requested which would prevent the erection of a dwelling on any such lot or block. 2.4 DEDICATION OF LANDS The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed deeds of conveyance, sufficient to vest in the Town, or where applicable, in any other public authority or person, abso1 ute titl e in fee simple, free and clear of all liens, charges, encumbrances and easements, the lands set out in Schedule "F" hereto. Such conveyance shall include the dedication by the Owner to the Town of the lands required by the terms of The Planning Act, as amended, from time to time to be dedicated for publiC purposes, other than for highways, unless the Town has agreed to accept cash in lieu of such lands, as provided herein. , . . , I .. - 4 - 2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS The aforementioned deeds and grants of easements shall be prepared by the Owner and registered at the Owner's expense at the same time as the Plan is registered. In such deeds and grants of easements 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. 2.6 INTEREST IN SAID LANDS The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. 2.7 NOTIFICATION OF OWNER If any notice is required to be given by the Town to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: SCHLEISS AND HOLLAND 17 Swiss Heights Drive OSHAWA, Ontario L1 H 7K5 or such address as the Owner has notified the Town, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. 2.8 REGISTRATION OF AGREEMENT The Owner and Mortgagee hereby consent to the registration of this Agreement by the Town and covenant and agree not to register or permit the registration of any document after registration of the Plan of Subdivision on any land included in the said Plan unless this subdivision Agreement, and any deeds, easements or other documents required to be furnished thereunder, have first been registered against the title to the land included in the Plan. 2.9 RENEGOTIATION ANO AMENDMENT OF AGREEMENT (1) The Owner agrees that the Town may at its option in the circumstances set out below on thirty (30) days written notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Minister approves a Plan of Subdivision for the said lands which is substantially different from the Plan attached hereto as Schedule "8"; or (ii) the Plan of Subdivision is not finally approved by the Minister and registered within eighteen (18) months of the date of the execution of this Agreement; or (iii) the agreement between the Owner and the Region has not been executed at the time of the execution of this Agreement, or such agreement has been executed and is subsequently amended, and the provisions of such agreement affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the plan, and failing agreement, this Agreement shall be null and void. . .. - 5 - , (2) The parties may from time to time by mutual agreement 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. (3) The parties hereto acknowledge that at the time of the execution of this Agreement, only a red lined copy of the plan of subdivision is in existence and all descriptions in this Agreement and the Schedules annexed hereto refer to the descriptions in the red line plan annexed hereto as Schedule liB". Upon the final plan of subdivision being approved by the Minister of Housing the final plan shall be substituted for the red lined plan annexed as Schedule "B" and alls amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules (and without limiting the generality of the foregoing, in particular Schedules "B", "E", "F", "G", "N", "0", "P", and "0") with the final plan of subdivision. 2.10 TOWN TO ACT PROMPTLY Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the 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 and in all respects the Town and its officers, servants or agents shall act reasonably. 2.11 ASSIGNMENT OF AGREEMENT The Owner shall not assign this Agreement without prior written consent of the Town, which consent shall not be unreasonably withheld and no such assignment shall relieve the subsequent owner of any of his obligations under this Agreement. 2.12 SCHEOULES TO AGREEMENT The following schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions ' contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedu1 e II A" ilLegal description of said Lands" Schedule "B" _ "Plan of Subdivision for final approval II Schedu1 e "C" "Charges against said Lands" Schedule "D" "Development charges" Schedule liE" "Grants of easements to be dedicated" Schedule "F" "Lands and/or cash to be dedicated" Schedule "G" "Works required" Schedule "H" "Uti1ities required" Schedule "1" "0uties of Owner's Engineer" , Schedule "J" "Cost Estimates" Schedule ilK" "Insurance Policies required" Schedule "L" - "Regu1ations for construction" , ... - 6 - Schedule II Mil - II Use of said 1ands" Schedu1 e II Nil "Lands unsuitable for building" Schedule "011 II La nds requi ri ng site p1 an" Schedu1 e lip II - "0versized and/or External Services II Schedule "QII - "Conservation Authority's Works" Schedu1 e "R" "Engineering and Inspection Fees" Schedule liS" "Minister's/Regionls Conditions of Approval II 2.13 MORTGAGE The Mortgagee does hereby postpone his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage and the Mortgagee covenants and agrees that in the event that he obtains ownership of the said lands by foreclosure or otherwise, he shall not use or develop the said lands except in conformity with the provisions of this Agreement. 2.14 SUCCESSORS This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. 2.15 PLAN APPROVAL Upon receipt of the payments herein required and upon the execution and registration of this Agreement, the Council will recommend to Ministry that the plan be approved for registration. 400 "- - 7 - 3. FINANCIAL 3.1 PAYMENT OF TAXES The Owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said Lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the Owner of such lands. 3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES The Owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedul e "C" hereto. Such charges shall incl ude the Town's share of any local improvements which serve the said lands and shall include the coomuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 PAYMENT OF DRAINAGE CHARGES The Owner shall, at the time of the execution of this Agreement pay all drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act, R.S.O. 1980, against the said Lands, as set out in Schedule "C" hereto, inclUding the commuted value of such charges falling due after the execution of this Agreement. 3.4 PAYMENT OF DEVELOPMENT CHARGES The Owner shall pay all development levies in the amounts and at the times set out in Schedule "0" hereto. Notwithstanding the provisions of Schedule "0" as to the times at which the development charges shall be paid, the Owner shall, prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges assessed against the said lot or block. 3.5 CASH IN LIEU OF LANDS The Owner agrees that, if the Town agrees to accept cash in lieu of the dedication by the Owner to the Town of lands for public purposes, other than hi ghways, the amount of such cash payment shall be as set out in Schedu1 e "F" hereto. The Owner further agrees to pay to the Town on any such cash payment as set out in Schedule "F" hereto, at the time of the execution of this Agreement. 3.6 PERFORMANCE GUARANTEE REQUIRED (1) The Owner shall, prior to the issuance of any Authorization to Commence Work, lodge with the Town by cash or by means of an irrevocable letter of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the proviSions of this Agreement. Such cash or irrevocable letter of credit shall be in an amount equal to the Works Cost Estimate with respect to the Plan or stage of the Plan covered by the Authorization to Commence Work. (2) All documents furnished under this paragraph shall be approved by the Treasurer and the Solicitor of the Town. (3) The cash or irrevocable letter as provided in subparagraph (1) hereof are hereinafter collectively referred to as a "Performance Guarantee". 3.7 USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement by due date of the invoice for such costs. ~ '\. - 8 - 3.8 INDEMNIFICATION OF TOWN AND INSURANCE The Owner covenants and agrees to indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Owner agrees to indemnify the Town with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement. The Owner shall also provide the insurance called for by Sc hedu 1 e II K" of t his Agreement. 3.9 MAINTENANCE GUARANTEE PERIOD In order to guarantee that all defects in the Works which become apparent after the issuance of a Certificate of Completion for such Works, will be properly repaired or replaced, the Owner shall, prior to the issuance of the Certificate of Completion for such Works, lodge with the Town a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian bank, and in an amount equal to ten percent (10%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Town SoliCitor, and the Town Treasurer, and shall guarantee the Works from the date of completion as follows: a) Two years on the storm sewer system; b) One year on the roadways. 3.10 USE OF MAINTENANCE GUARANTEE The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or any part of any Maintenance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement, by the due date of the invoice for such costs. 3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Town the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) 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 relating to such Works. (4) the Town may, from time to time, reduce the amount of the value of the Performance Guarantee to reflect the progress of the works required to an amount equal to the value of the uncompleted works, plus ten percent (10%) of the value of the completed works on approval by the Director of a Progress Certificate prepared by the Owner's Engineer. 3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE (1) The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and the Town is satisfied that, in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required, there are no outstanding claims relating to such Works. (b) (2) The Town shall release to the Owner the unused portion of any Maintenance Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof. ... .. - 9 - 3.13 PAYMENT OF MUNICIPAL COSTS (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to include the words "at the expense of the Owner" unless the context otherwise requires. (2) The Owner shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Town in connection with the preparation for and attendances at the Ontario Municipal Board hearings for the amendments of the Town's By-law 2111. (3) The Owner shall reimburse the Town for all reasonable legal and administrative expenses actually incurred for the preparation and registration of this Agreement, and the legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any release. ( 4) The Owner sha 11 have the ri ght to inspect, upon reasonab 1 e not ice, duri ng regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is seeking reimbursement. (5) The Owner shall pay to the Town for all engineering and inspection costs in accordance with the proviSions of Schedule "R" hereto. 3.14 UNPAID CHARGES The due date of any sum of money payable herein, unless a shorter time is specified, shall be thirty (30) days after the date of the invoice. Interest at one and one-half per cent (1-1/2%) per month shall be payable by the Owner to the Town on all sums of money payable herein, which are not paid on the due dates, calculated from such due date. 3.15 OCCUPANCY PERMIT Prior to the issuance of the first building permit, the Owner agrees to lodge with the Town, an Irrevocable Letter of Credit annually renewable and issued by a chartered Canadian bank in an amount of Seven Thousand and Five Hundred Dollars ($7,500.00) to guarantee that occupancy does not occur in respect of any lot or block before the issuance of an Occupancy Permit for such lot or block. In the event that occupancy occurs in respect of any lot or block before the issuance of an Occupancy Permit contrary to paragraph 4.8, the sum of Seven Hundred and Fifty Dollars ($750) shall be immediately forfeited to the Town for any lot or block and upon forfeiture, the Owner shall immediately restore the Letter of Credit for the full amount of Seven Thousand and Five Hundred Dollars ($7,500.00) so that the amount of security deposit on hand with the Town always equals Seven Thousand and Five Hundred Dollars ($7,500.00). The letter of credit shall be released to the Owners at such time as the last unit is ready for occupancy in accordance with the terms of this Agreement or at such earlier date as agreed in writing bY the parties. The Town agrees to permit the Letter of Credit lodged by the Owner to be substituted, either in whole or in part, by a Letter of Credit submitted by a builder to whom the Owner has sold lots or blocks within the Plan. The Owner agrees to obtain any such Letter(s) of Credit on behalf of, and in favour of the Town, at such time as any or all of the said lands are sold. The Town further agrees to release substituted portions of the Owner's Letter of Credit in respect of occupancy upon receipt of any such Letter of Credit submitted by a builder. The Owner agrees that, should lots or blocks be sold to more than one builder, to obtain on healf of and in favour of the Town, an occupancy deposit in the form of an Irrevocable Letter of Credit, in an amount not more than Seven Thousand and Five Hundred Dollars ($7,500.00), and not less than Seven Hundred and Fifty Dollars ($750.00) per lot up to a maxium of ten (10) lots from each additional builder to whom lots are sold. ... ~ - 10 - 4. PLANNING 4.1 LANDSCAPING PLAN The Owner agrees to grade, topsoil, seed and/or sod all lands to be conveyed to the Town for park or other public purposes within Phase I. At such time that the remainder of the park dedication within subsequent phases has been dedicated to the Town, the Owner shall plant such trees and other vegetative materials as may be required by the Town in accordance with a Master Landscape Plan, to be prepared the the Owner's expense by a Landscape Architect and submitted to the Town for approval. 4.2 USE OF SAIO LANDS The Owner agrees that the said Lands shall not be used for any purpose other than that set out in Schedule "M" hereto without the prior written consent of the Town. 4.3 LANDS UNSUITABLE FOR BUILDING The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "N" hereto are unsuitable for building purposes and that no app1 ication will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Directors of Planning and Public Works and/or any other authorities having jurisdiction. 4.4 LANDS REQUIRING SITE PLAN The Owner covenants and agrees that no application for any building permit in respect of the lots or blocks of the Plan which are set out in Schedule "0" shall be made until the Owner has entered into a Site Plan Agreement with the Town respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said Site Plan Agreement. 4.5 REQUIREMENTS FOR BUILDING PERMITS Neither the execution of this Agreement by the Municipality nor the approval by the Town of the Plan for registration, nor the issuance by the Town of any Certificate of Acceptance shall be deemed to give any assurance that building permits when applied for will be issued in respect of any of the said Lands. The Owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (1) all easements for Utilities or drainage, or other purposes across the lot or block in respect of which a building permit is proposed to be issued have been transferred to the Town; and (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed base course of asphalt and where a two-stage curb is proposed this includes the base of the two-stage curb, or the Director of Public Works has approved alternative access for construction purposes which will not result in the contamination of any road base for any road to be dedicated for public purposes within the Plan; and (3) all of the Works required to be constructed and installed under such roads have been constructed and installed to the approval of the Director; and " - 11 - (4) all of the Utilities required to be constructed and installed under such roads have been constructed and installed to the approval of the authorities having jurisdiction other such Utilities; and (5) the Owner hasprovi ded the Di rector of P1 anni ng with amyl ar and four copies of a street numbering plan satisfactory to the Town and each street number shall permanently apply to the lot or block shown on the Plan and shall be provided by the Owner to all subsequent owners; and (6) the balance of all Development Levies have been paid in respect of the lot or block in the Plan for which the building permit is applied for; and (7) the applicant has deposited the Occupancy Penalty fee as required by paragraph 3.15 of this Agreement; and if the application for a building permit is in respect of any lot or block set out in Schedule "N" the Owner has fulfilled the conditions with respect to the lots and blocks as set out in Schedule II Nil as requi red by paragraph 4.3 of thi s Agreement; and if the application for a building permit is in respect of any lot or block as set out in Schedule "0" the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "0" as required by paragraph 4.4 of this Agreement. (10) the Owner has provided the Director of Planning with a mylar copy of the registered plan of this subdivision. (8) (9) (11) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. 4.6 MODEL HOMES AND ARCHITECTURAL CONTROL (1) (a) Notwithstanding the provisions of paragraph 4.5 of this Agreement, "the Owner may apply for building permits for up to twenty (20) model homes on the lands, provided that such application is in conformity with the requisite by-laws of the Town and The Ontario Building Code, as amended, and provided that all building permit fees, occupancy penalty and appropriate development levies as provided for in this Agreement have been paid or provided. (b) The Owner agrees that prior to issuance of building permits in respect of model homes, to obtain the approval of the Director of Public Works in respect of access to the model homes, or alternatively, that any road required to provide access to the model homes shall be constructed to the completed Granular B base with a 10cm contamination layer of Granular A, which shall be removed and disposed of prior to final construction of the road. (2) The Owner agrees that any model home shall be used for display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraph 4.8 of this Agreement have been complied with and if such model home is occupied for residential purposes contrary to this paragraph the provisions of paragraph 3.15 shall apply. (3) (a) the Owner covenants and agrees with the Town that he will exercise or cause to be exercised, architectural control over the design and construction of dwellings within the plan by requiring that the exterior construction on all dwellings be predominantly masonry, e.g. brick, stone or other earthern products, but not more than fifty percent (50%) stucco, or shall be predominantly finished wood siding, but excluding concrete block, plywood, particle board and other similar wood sheeting materials. (b) the Owner covenants and agrees that in the Agreement of Purchase and Sale, he will require each builder purchasing from him to file, prior to applying for a building permit, with the Town a Master Plan, to be approved by the Town, for the lot purchased by the builder/purchaser showing housing types, elevations and the distribution of models on such lots. , ' 4.8 - 12 - 4.7 REQUIREMENTS FOR SALE OF LANDS The Owner agrees not to sell any or all of the said Lands until: (1) the Town has registered against the title to such lands any grant of easement in respect of such lands; and (2) where no building permit has been issued in respect of any lot or block proposed to be sold, the Owner has obtained from the prospective purchaser a covenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its obligations under this Agreement; and ( 3) (4 ) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. the Owner has ,inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligations set forth in this Agreement. (5 ) REQUIREMENTS FOR AUTHORIZATION TO OCCUpy Notwithstanding the requirements of any statute regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other structure, the Owner shall not permit any building on the said lands to be occupied, and no one shall occupy such building without the written permission of the Town hereinafter called an "0ccupancy Permit". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any building until: (1 ) (2) (3) ( 4) ( 5) all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course of asphalt, to the written approval of the Director; and all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written approval of the Director, and the building has been connected thereto; and all of the Utilities, save telephone and cable T.V. required to be constructed and installed and connected to the building have been so constructed, installed and connected to the written approval of the authorities having juriSdiction over such Utilities; and the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and the Owner's Engineer has provided the Director with written confirmation that the lot or block, where such building is located, conforms to the Grading and Drainage Plan, or has received the written approval of the Director with respect to any variance to the Grading and Drainage Plan. , , . - 13 - 4.9 SPECIAL CONDITIONS (To be determined in each case) , / .. - 14 - 5. PUBLIC WORKS 5.1 TOWN WORKS REQUIRED The Owner shall be responsible for the construction and installation of the services and landscaping more particularly referred to in Schedule "G" hereto (hereinafter called lithe Works"). Until the issuance of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the Owner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certi ficate of Acceptance, the Works shall vest in and become the responsibility of the Town. 5.2 UTILITIES REQUIRED The Owner shall be responsible for entering into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as more particularly referred to in Schedule "H". 5.3 OWNER'S ENGINEER The Owner shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owner's Engineer", to administer this Agreement, whose duties are set out in Schedule "1" hereto. 5.4 DESIGN OF WORKS The Owner agrees that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Town. In the event of any dispute as to such standards or in the event of any dispute as to such design requirements, the decision of the Director shall be final. 5.5 APPROVAL OF ENGINEERING DRAWINGS The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all drawings of all of the Works hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for re-approval and further revisions if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. 5.6 . APPROVAL OF GRADING AND DRAINAGE PLAN The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage Plan", and Showing thereon the existing drainage pattern on all adjacent lands, all proposed grading and drainage works for the said Lands, 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. This Grading and Drainage Plan shall be approved and signed by the Director prior to the construction of any services or roads on the said Lands. If no construction of the works is commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for reapprova1 and revision, if required by the Director and no such work shall be done unless in accordance with the said revised and reapproved drawings. 5.7 STAGING OF WORKS If the Owner wishes to construct and install the Works and Utilities in stages, the Owner shall, prior to the issuance of any Authorization to Commence Work as hereinafter provided, prepare for the approval of the Council of the Town, a plan hereinafter called the "Staging P1an" which divides the Plan into stages for the construction, installation and maintenance of the Works and Utilities. . .. . , - 15 - The Owner shall not proceed until such Staging Plan has been approved by Council, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with the approval of Council. 5.8 APPROVAL OF SCHEDULE OF WORKS The Owner shall, prior to the issuance of any Authorization to Commence Workt as hereinafter providedt receive the written approval of the Director of a schedule (hereinafter called the "Schedu1e of Workslt) which sets out the timing sequence in which the Owner proposes to construct and install all of the Works and Utilities andt Where the installation of the Works and Utilities are to be staged the Owner sha11t prior to the Authorization to Commence Work for each such stage, receive the written approval of the Director of a Schedule of Works for such stage. The Owner shall proceed only in accordance with the approved schedu1et except as it may be subsequently amended with the approval of the Director. 5.9 APPROVAL OF COST ESTIMATE The Owner agrees thatt prior to the issuance of any Authorization to Commence Work as hereinafter providedt the estimated cost of construction and installation of all of the Workst hereinafter called the "Works Cost Estimate"t shall be approved by the Director and entered in Schedule "J" hereto. If the Town has approved a Staging Plan for the said Landst the Owner further agrees that the estimated cost of construction and installation of the Works for each staget hereinafter called a "Stage Cost Estimatelt shall be approved by the Director and entered in Schedule ItJ" hereto. 5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, hereinafter called an II Authori zat ion to Commence Works ". The Owner shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements contained hereint no Authorization to Commence Works shall be issued for any of the Works until: (1) the Plan has received final approval from the Minister; and (2) the Plan has been registered; and (3) the Owner has delivered copies of the Plans and Agreements as required by paragraph 2.2 of this Agreement; and (4) the Owner has paid to the Town any outstanding charges against the said lands required by paragraph 3.4 of this Agreement; and (5) the Owner has conveyed to the Town any easements as required by paragraph 2.3 of this Agreementt and such easements have been registered; and (6) the Owner has conveyed to the Town any lands and paid any cash as required by paragraphs 2.4 and 3.5 of this Agreementt and any such conveyance has been registered; and (7) the Owner has delivered letters from the appropriate Public Utilities Commissiont or authority or company having jurisdictiont stating that satisfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 5.2 of this Agreement; and (8) the Owner has appointed an Engineer as required by paragraph 5.3 of this Agreement; and (9) the Owner has received the written approval of the Director for the Engineering Drawings as required by paragraph 5.5 of this Agreement; and (10) the Owner has received the written approval of the Director of the 1 andscapi ng requi red as part of the Works and more part icu1 ar1y referred to in Schedule "G"; and \- " , , - 16 - (11) the Owner has received the written approval of the Director of the Grading and Drainage Plan as required by paragraph 5.6 of this Agreement; and (12) Not Applicable (13) the Owner has received the written approval of the Director of the Town for the Staging Plan as required by paragraph 5.7 of this Agreement; and (14) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 5.8 of this Agreement; and (15) the Owner has received the written approval of the Director for the Works Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of this Agreement; and (16) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works as required by paragraph 3.6 of this Agreement; and (17) the Owner has deposited with the Town any policies of insurance as required by paragraph 3.8 of this Agreement; and (18) the Owner has paid all Town costs as required by paragraph 3.13 of this Agreement as of the date of the issuance of the Authorization to Commence Works; and (19) the Owner has paid all costs due to the Town for oversizing as required by paragraph 5.27 of this Agreement. (20) Notwithstanding the above, the Owner may commence installation of the work as referred to in Schedule "G" hereto with the written approval of the Di rector prior to the registration of the Plan provided that Sections 3,4,7,8,9,10,11 13,14,15,16,17,18, and 19 of this clause have have been satisfied. No Certificate of Acceptance of the work, as referred to in Clause 5.25 of this Agreement, shall be issued by the Director, until the Plan has been registered and all other requirements relevant to ~he Certificate of Acceptance have been met. The construction or installation of any of the work pursuant to this clause shall, notwithstanding the aforementioned approval of the Director, be taken at the sole risk of the Owner. The Owner shall save harmless the Municipality from any action or cause of action resulting from the construction or installation of any of the work as may, be undertaken pursuant to this Clause. 5.11 REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES If the Town has approved a Staging Plan for the said Lands, the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the Town has issued an Authorization to Commence Works for one stage of the Plan, in addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until: (1) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J" hereto; and (2) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works. 5.12 INSPECTION AND STOP WORK The contract with any contractor employed by the Owner to construct or install any of the Works shall provide that employees or agents of the Munipa1ity may, at any time, inspect the work of such contractor pertaining to the said Lands and the Director, after consultation with the Ownerls Engineer, shall have the power to stop any such work in the event that, in their opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Town. ~ . I - 17 - 5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION All of the Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in writing by the Director. All construction on the said Lands shall be carried out in accordance with the regulations for construction as set out in Schedule ilL" hereto. 5.14 SEQUENCE OF CONSTRUCTION AND INSTALLATION The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to construct and install all of the Works continuously and as required by the approved Schedule of Works. 5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION The Owner shall, within two (2) years of the date of the issuance of an Authori zation to Commence Works, 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 t~ee planting. 5.16 ADDITIONAL FACILITIES OR WORK REQUIRED If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owner shall, until the conclusion of the maintenance guarantee period, construct or install such additional faci1 ities and perform such additional work as the Town may request from time to time. 5.17 INCOMPLETE OR FAULTY WORK (1) If, in the opinion of the Director, the Owner is not executing or caustng to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the,provisions of this Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such case the Director on the authority of the Council of the Town may notify the Owner and his surety in writing of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty (30%) percent of a 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 Charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a default in performance under this agreement, then in any such case the Director may notify the Owner and his surety in writing of - 18 - such default and if the Owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately, at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or mai ntenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the Director reinstate the performance or maintenance guarantee to the full value required under the terms of the agreement. 5.18 ENTRY FOR EMERGENCY REPAIRS The Owner agrees that, at any time and from time to time, employees or agents of the Town may enter the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. 5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS (1) The Owner agrees to pay the cost of repairing any damages to any services which, without limiting the generality of the foregoing, shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the said Lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or authorities responSible for such services. The Owner further agrees to pay the cost of moving any of the Works installed under this Agreement, in driveways or so close thereto as in the opinion of the Director, will interfere with the use of the driveway. (2) The Owner agrees to, if the well or private water supply of any person outside the Plan 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 short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or (b) where the interference to a well or private water supply is of a long term duration, at the option of the Owner and at his expense, connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 5.20 USE OF WORKS BY TOWN The Owner agrees that any of the Works may be used by the Town or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Town nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of his obligations under this Agreement. , . - 19 - 5.21 MAINTENANCE OF ROADS AFTER COMPLETION (1) Notwithstanding any other requirement in this Agreement to maintain the Works, if any building on the said Lands is occupied, the Owner shall maintain all of the roads, which are required to be constructed and which provide access to such building, until a Certificate of Acceptance has been issued for such road. The Owner shall: (a) maintain the roads at all times in a well drained, dust and mud free condition, fit for all normal vehicular traffic, to the approval of the Director; and (b) during the course of installation of the Works and Utilities provide and maintain safe and adequate access to all occupied buildings. (2) The Town agrees to snowplow and sand paved subdivision roadways. Until the roadways are vested in the Town the Owner shall pay one hundred percent (100%) of the actual cost of snowplowing and sanding such roadways. (3) The proviSions of any work or service by the Town under paragraph 5.18 or subparagraph (2) of this paragraph, shall not in any way constitute approval or assumption of the road and the road shall not be deemed to have been assumed until a Certificate of Acceptance has been issued. ' 5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION The Owner 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 confirmation thereof, referred to herein as a "Certificate of Comp1etion". The Town agrees to issue two separate Certificates of Completion; one for the storm sewer system and one for the roadways. The Town agrees to issue the Certificate of Completion for the storm sewer system as soon as the construction of the storm sewer system has been completed. In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) 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 the Town Council has approved the written report of the Director that such Works have been constructed and installed in accordance with the latest version of the Engineering Drawings approved by the Director; and (2) The Town is satisfied that, in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works, there are no outstanding claims relating to such Works. 5.23 PERIOD OF REQUIRED MAINTENANCE OF WORKS The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period as follows: a} two years on the storm sewer b} one year on the roadway. 5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE The Owner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confirmation thereof, referred to herein as a "Certi ficate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion 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 period set out in paragraph 5.23 of this Agreement. 5.25 OWNERSHIP OF WORKS BY TOWN The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Town and the Owner shall have no right or claim thereto, other than as an Owner of land abutting a road in which such Works are installed. . ~ . . - 20 - 5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certificate of Re1ease", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued until: (1) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Town, has provided the Town with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by resolution, acknowledged that the Owner has met all of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all Obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided herein and the Ownerls acceptance of the conditions for applying for Town building permits as provided herein. 5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES (1) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule "P" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the Owner that portion of the cost of the Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the capacity of such services estimated to be available after the Owner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calculated by the Director, whose decision shall be final. In determining the cost of the Oversized or External Services there shall be added annually from the first anniversary of the issuing of the Certificate of Completion to the costs set out in Schedule lip" a sum equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized or External Services calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2%). (2) In the event that payment is required to be made under this paragraph by the Town before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversized or External Services. (3) In the event that payment is required to be made under this paragraph by the Town before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate charged by such bank, plus two percent (2%) from the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. 5.28 RESPONSIBILITY FOR DRAINAGE Even after the issuance of the Certificate of Release the registered owner of each lot or block on the Plan shall have the sole responsibility for providing and maintaining adequate drainage of surface waters from such lot or block in accordance with the approved Lot Grading and Drainage Plans referred to by paragraph 5.6 herein. . , ~ - 21 - 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 ) THE CORPOR ' ION OF THE TOW~ OF ) ~ ) ~ ) ~R ,'.H~~ , . '. 'THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 8-+-10/ of the Corporation of the Town of Newcastle, enacted and passed the ~ day of ~t- 198C{.' LEGAL DESCRIPTION OF SAID LANDS (by Reference Plan) To be completed by Surveyor or Ownerls Solicitor. ALL .., Sl.G~L.. that ..rtaia p.r.al or e..e' of 1... ... ,...t... .1t..'.. 1,1.. ... ~.t.1 ta 'k. to.. of lov...tl., to tb. .o.tofl.l Kualat,altt' .f 0...11... t....l'l., to the to..."i, of nOl'll.".., C....t, of I).rh.., P"Oyt... of Oat..to, beta. ...,.... .f '.rt of L.t '4. C......l.. ,. 0..'''0'''.. Tow..bip .f Da..l1e,.... (f.I'....l, 1'......lp .t Darlt_....) ... ....rlb.. .. '.1'..1 34-1 1. the a.,tator '.1' ...tt.. 10"'. C......l.. S. -'."...tl. (III'11.,t..) ... '..t,..'04 .. ,o..t 1 .. " Pl.. .f S.l'ye, .f ....1'. ttl.' 1. tb. Offl.. .f t... Tltl.. at ......tl. (... 10) .. ...be.. 10a-4" b.la. tbe .hol_ of ,.. ."t. '''1'0.1. 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 a~thorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPOR TION OF THE TOWN OF(NEWCASTLE l ~,/ l ~~~R~' ) _.l ~~ . . . . . THIS SCHEDULE IS SCHEDULE liB" to the Agreement whi ch has been authori zed and approved by By-law No. N-fOS'of the Corporation of the Town of Newcastle, enacted and passed the '}t4 day of ~/- 198~ PLAN OF SUBOIVISION (copy of final plan prior to registration) Draft Plan of Subdivision 18T-77001 Part of Lot 34, Concession 3 Town of Newcastle (Township of Darlington) Regional Municipality of Durham PHASE I of Development 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 ) THE CORPORATION OF THE TOWN OF NEWC~TLE l~~ l ~~,~ ) LE K ' ) ) ) ~ " ) ~.~~~~ " . , P, THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authori zed and approved by By-l aw No. (<(-(0/ of the Corporation of the Town of Newcastl e, enacted and passed the 3--l day of ~/- 198 v.' CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES NIL (2) LOCAL IMPROVEMENT CHARGES NIL (3) DRAINAGE CHARGES NIL 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 ) THE CORP ATION OF THE TOWN OF ~EWCAST E ) ) ) ) ) ) 1 ~ ~~~- , r~;JR SCHL~t~ l ~.~~~J . . 'THOIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authori zed and approved by By-law No. ft./-rQ.J/ of the Corporation of the Town of Newcastle, enacted and passed the ~ day of ~Jt- 19~' DEVELOPMENT CHARGES 1} Stage lA' of Phase I The Owner shall pay to the Town development charges for Stage lA' only, in the amount of $74,115.00 (calculated at the rate of $915.00 for each dwelling unit, 81 units) which shall be paid as follows: 25% of the aforesaid sum forthwith upon the date of execution of this Agreement 25% of the aforesaid sum at the date of the issuance of the building pennit for the fi rst dwell i ng unit. 25% of the aforesaid sum upon the issuance of the building permit for the 41st dwelling unit. the remainder of the aforesaid sum upon the issuance of the building pennit for the final dwelling unit of this stage of development. 2} Stage 'B' of Phase I The Owner shall pay to the Town development charges for Stage IB' only, in the amount of $38,430.00 (calculated at the rate of $915.00 for each dwelling unit, 42 units) which shall be paid as follows: 25% of the aforesaid sum forthwith upon the date of execution of this Agreement 25% of the aforesaid sum at the date of the issuance of the building pennit for the first dwelling unit. 25% of the aforesaid sum upon the issuance of the building permit for the 22nd dwell i ng un it . the remainder of the aforesaid sum upon the issuance of the building pennit for the final dwelling unit of this stage of development. For the purposes of this Schedule and the Agreement development charges actually paid to the Town shall be applied in the first instance on a pro-rata basis against all lots or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but, upon the issuance of the first building pennit and thereafter, the development, charges shall be first applied in full satisfaction of the development charges owing on the lots or blocks in respect of which the building pennits have been issued and the balance of any development charges actually paid to the Town (if any) shall be applied on a pro-rata basis against all lots 'or blocks within the Plan upon which it is contemplated by this Agreement that residences shall be built but for which no building pennit has been issued. For the purposes of this Schedule and the Agreement the number of building pennits issued shall be the aggregate of all building pennits issued with respect to any lot or block within the Plan whether issued to the Owner or any other person. The Town shall annually review its schedule of Development Charges and it may adjust the amount of its Development Charges in accordance with the increase of capital cost as may be appropriate using the Southam Construction Index for calculating such adjustments. The Owner hereby acknowl edges and agrees that shou1 d buil di ng permits not be issued in respect of any stage or phase of the subject plan within two (2) years from the date of registration of the stage or phase of the Plan, that this Schedule "0" Development Charges, shall be subject to adj ustment in accordance with the schedule of Development Charges in effect at that time. 'Page 2 of Schedul e "0" 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 " ) THE CORPOR TION OF THE TOWN OF NEWCASTLE ) ) ) ) ) ~ ) ~ L, ' ~ )..~ M Y R ~~. . LERK , . . . , 'TlilS SCHEDULE IS SCHEDULE liE" to the Agreement which has been authori zed and approved by By-law No. ~'f-(o/ of the Corporation of the Town of Newcastle, enacted and passed the ~ day of ~~ 1985<' GRANTS OF EASEMENTS TO BE DEDICATED The Owner shall deliver to the Town in a form satisfactory to the Town the following easements: (by reference plan) To be completed by Surveyor once easements are established. 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 \0 'JHJS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authori zed and approved by By-law No. (y-l'oS of the Corporation of the Town of Newcastle, enacted and passed the~, day Of~?- 198~ LANDS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS (a) 810cks for 0.3 reserves. (to be lifted when required by Owner) for Nash Road allowance widening (b) Blocks (c) Dedication of Parklands - Block 83 (2) CASH IN LIEU OF LANDS There is to be no cash payment in lieu of Parkland dedication. 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. SEALED AND DELIVERED l ~DN OF THE TOWN 6F_ NEWCASTLE ! .~c ) L . ^ ) RK ) ~~~ SCH -I ~. ~~/.ffc/ SIGNED, .. . I . . TlUS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authori zed and approved by By-law No. fc(-ro.!" of the Corporation of the Town of Newcastle, enacted and passed the 3~ day Of~?- 198~ WORKS REQUIRED 1. STORM SEWER SYSTEM The Owner shall construct, install, supervise and maintain a storm drainage system, satisfactory to the Town, for the removal of upstream storm water and storm water originating within the said lands as shown on the approved Engineering Plans, including storm sewer mains, manholes, service connections, catchbasins and leads, open channels, storm outfal1s and any other appurtenances as may be required in accordance with the Town of Newcastlels Design Criteria and Standard Drawings. The Owner agrees to produce Engineering Drawings for the storm drainage system, to the satisfaction of the Director of Public Works. The Owner agrees to obtain any easements required external to the said lands, at no expense to the Municipality for the disposal of storm water from the said lands. 2. ROADWAYS The Owner shall construct and install the following services on the various streets, shown on the Plan as fo110ws:- (a) pavement widths to be applied to the following streets:- i) Nash Road, 10 metre wide pavement (cost shared as details in Schedule "P"). (b) ii) all internal streets, a pavement width of 8.50 metres. The grading and paving of all streeets, including the installation of Granular "A" and Granular "B" material to provide a proper base for paving, shall be as per the Town of Newcastle Design Criteria & Standard Drawings. The Owner shall construct curbs and gutters on both sides of all streets, as per the Town of Newcastle's Design Criteria and Standard Drawings. The Owner shall construct, install and maintain complete sidewalks in accordance with the Town of Newcastle's Design Criteria and Standard Drawi ngs, on the fo 11 owi ng 1 ocat ions:- 1) Nash Road, north side only 2) All internal streets, one side only 3) All as shown on the approved engineering drawings. The Owner agrees to the grading and paving of all driveways between the curbs and sidewalks, in accordance with the Town of Newcast1els Design Criteria and Standard Drawings. In areas where there are no sidewalks, driveways will be paved to the property line. The Owner agrees to construct, install and maintain Street Lighting, in accordance with the Town's specifications, on all streets and walkways, to the satisfaction of the Director of Public Works. (c) (d) (e) ( f) (g) The Owner agrees to the topsoi1ing and sodding of the boulevards between the curbs and the property line, as according to the Town of Newcast1els Design Criteria and to the satisfaction of the Director of Public Works. 'Schedul e "G" - 2 - (h) The Owner agrees to supply, install and maintain traffic signs and permanent street-name signs, in accordance with the Townls Design Criteria and Standard Drawings and to the satisfaction of the Director of Public Works. (i) The Owner shall provide, plant and maintain, under the supervision of a qualified nurseryman or horticulturist (and guarantee for one year from date of planting) one tree on each lot, as per the Landscaping Plan and in accordance with the Town of Newcast1els Design Criteria and as approved by the Director of Public Works. Tree species to be to the satisfaction of the Director, and 2 to 2.5 metres in height and 3 cm. in caliper, staked and bagged as necessary. 3. LOT GRADING The Owner agrees to rough-grade all blocks and parks, according to the Tree Preservation Plan and the Lot Grading Plan, to the satisfaction of the Director of Public Works and in the case of parks, to the satisfaction of the Director of Community Services. 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 ) THE CORPOR nON OF THE (TOWN OF NEWCASTLE ) ~ ) ~ ) ~L~~ l +,0. ~~Nt? 'TH'IS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authori zed and approved by By-law No. fC{~(QJ/ of the Corporation of the Town of Newcastle, enacted and passed the ~ day of ~~ 198'1. UTILITIES 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. The electrical services will be as follows:- (a) primary feeders will be underground installation provided that subject to review and approval of the Director of Public Works, primary feeders located along the Nash Road frontage of the subject lands may be above- ground installation; and (b) secondary lines (i.e. services to houses) will be underground. The Owner shall also make any necessary arrangements with any T.V. Cable Campany 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 Th.e Owner shall arrange with the appropriate authority having jurisdiction for 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 completion 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. The telephone services are to be installed as per approved Bell Canada drawings. 4. 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. 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 THE CORPO TION OF THE TOWN OF NEWCASTLE ~~~~ ti)~~OR~. CLERK -~ . ' THIS SCHEDULE IS SCHEDULE "1" to the Agreement which has been authorized and approved by By-law No. '<f~'OJ/ of the Corporation of the Town of Newcastle, enacted and passed the ~ day of ~'- 198J( DUTIES OF OWNERIS ENGINEERS 1. DESIGN WORKS AND PRIVATE WORKS The Owner's Engineers shall prepare the following for the approval of the Director: {a} (b) (c) (d) f~~ (g) the Engineeering Drawings; the Grading and Drainage Plan; the Landscaping Plan; the Schedule of Work; the Staging Plan; the Works Cost Estimate; and the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. 2. REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer 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 service during all phases of the construction and installation of the Works and the Private Works and to perform the f 0 11 owi ng : (a) (b) (c) (d) (e) ( f) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and inspect the construction and installation to ensure that all work is being performed in accordance with the contract doucments; and arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the 0; recto r; and provide co-ordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the requirements of the Director; and investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. s. PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the Director. .' . . , eage 2 of Schedule "I" 6. PREPARE AS CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare the As-constructed Drawings for the approval of the Director. 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 ~ THE CORPORATION OF THE TOWN OF NEWCASTLE l ~~-<~f ~ I.~~' ~ ) , CLERK ~ ~ )' .".. ) ~CHLE SS . ~ ""- ) ~~ ) D.~ TH is SCHEDULE IS SCHEDULE II J II to approved by By-1 aw No. '6 '1- t' o...s( enacted and passed this ~ the Agreement which of the Corporation day of ~~ COST ESTIMATES ESTIMATED COST OF WORKS (Phase I Stage A and B) has been authorized and of the Town of Newcastle, 198~ STAGE A STORM SEWERS (including pipes, manholes, catchbasins and connections, headwalls and appurtenances) $ 416,224.00 ROADS (including final grading, Granular bases, asphalting, curbs and gutters, sodding and boulevards) $ 377,487.05 $ 54,558.00 $ 24,140.00 $ 5,625.00 $ 20,000.00 $ 89,803.49 $ 987,838.34 ROUGH GRADING SIDEWALKS FENCING STREET LIGHTING SYSTEM ENGINEERING & CONTINGENCIES @ 10% TOTAL ESTIMATED COST OF SERVICES The Performance Guarantee has been based on Preliminary Estimates only, and, when the final Engineering Drawings have been approved by the Director of Public Works, a revised Cost Estimate of the Works, Hydro, Engineering and Contingencies shall be prepared by the Owner's Engineer and submitted to the Director of Public Works for his approval. This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. 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 THE CORPO TION OF THE TOWN OF NEWCASTLE ~.~. CL RK STAGE B $ 67,213.00 $ 166,766.60 $ 21,002.30 $ 16,514.50 $ 5,500.00 $ 8,000.00 $ 28,499.64 $ 313,496.04 .. , . THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authori zed and approved by By-law No. f'<f-~o../ of the Corporation of the Town of Newcastle, enacted and passed thi s ~ day of ~v 198~ INSURANCE POLICIES REQUIRED 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 Municipal Teasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Town against all damages or claims for damages for: (a) (b) (c) (d) (e) ( f) (g) 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; and 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; and any injury to any person or persons including workmen employed on the said Lands and the public; and any loss or damage that shall or may result from the storage, use or handling of explosives; and any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and any loss or damage that shall or may happen to any public road or to a~y other property of the Town or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works and Utilities pertaining thereto. 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: (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bodily injury to, or death of, two or more persons arising out of the same accident; and $1,000,000.00 for anyone occurance of property damage. (c) The issuance of such policy or policies of insurance 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 polices of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or , page 2 of Schedu1 e "K" (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives. 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, SEAlEO AND DELIVERED) THE CORPO TION OF THE TOWN(OF NEWCASTLE ~ ) ) ~ } ~H~~~-~ - ) ~~ ~L~#d ) rlXiK~-_." MI:UItrl de ~OR~_ CLERK . . THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by By-law No. r<f-tof of the Corporation of the Town of Newcastle. enacted and passed this r.-J day of~?- 1987f 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 TOP SOIL The Owner shall not remove any top soi 1 from the said Lands except for construction purposes and such top soil must remain within the 1 imits of the said Lands. 3. DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed any fill from any lands to be dedicated to the Town other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be disposed of in an orderly and sanitary fashion in a dumping area off the said Lands provided by the Owner and approved by the Director. The Town shall not be responsible for the removal or di sposa1 of garbage and debris. The Owner agrees to del iver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands. 5. QUALITATIVE AND QUANTITIVE TESTS The Owner agrees that the Town may have qualitative or quantative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the Owner. 6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that all publiC roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No publiC road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untrave1led portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. 7. MAINTENANCE OF INTERNAL ROADS The Owner shall, prior to the placement of the final surface treatment on any road required to be constructed under this Agreement, remove any contamination of the base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the base course as a temporary road. .. Page 2, Schedule "L" - 2 - 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. 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 ~ TION OF TH~ TOWN OF NEWCASTLE ~ ) ~,~~ ~ CLERK ! d~~, .. ~L~R- sCHL l ~.~~~L . , , . . THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authori zed and approved by By-law No. tc.(-ltJf of the Corporation of the Town of Newcastle, enacted and passed thi s J~ day of ~?- 198~ USE OF SAID LANDS The Owner agrees that the said lands shall not be used for any purpose other than as set out in the following table: LOT OR BLOCK NUMBER LAND USE ALL In accordance with provisions of By-law No. 2111, as amended. 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 ~ ~ ) ~ ) ) ) ~j,'~.~. )~ ~ H&.!'.h~'/ ,. ;L C Tins SCHEDULE IS SCHEDULE "N" y> the Agreement which has been authori zed and approved by By-law No. fq,-toJ of the Corporation of the Town of Newcast1et enacted and passed this ~ day of ~~ 198c!: LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the said lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Directors of Planning and Public Works and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED Block 82 1) To be deve10pmed in conjunction with adjacent lands. 2) Subject to an appropriate rezoning to permit development. 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 ) THE CORPOR ION OF THE! TOWN OF NEWCAST E ) ~ I "Oe~ ) ) ) )~"~~~ l ' D. .. . - THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authori zed and approved by By-law No. Iv- (or of the Corporation of the Town of Newcastle, enacted and passed this o:y..-t day of ~t--- 198~ LANDS REQUIRING SITE PLAN APPROVAL The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a site plan agreement has been entered into with the Town and the building permit complies in all respects with the terms of the site plan agreement. LOT OR BLOCK NUMBER NIL 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 ) ) ) ! /1-, /,Y, R ~ ) ,z'~R~ l#~~~ ~~R -SCHLEISS }~~ ) R, D. HOLLAND . . >..\ .. . .- 'tHIS SCHEDULE IS SCHEDULE "P" to the Agre.ement which has been author; zed and approved by By-law No. g{~(~~ of the Corporation of the Town of Newcastle, enacted and passed this ~ day Of~.L 1981; OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES 1. EXTERNAL ROAD SYSTEMS: Nash Road (west limit of property to Street 'KI) The Town endeavours to collect from the Developers of the lands along the south side of Nash Road, opposite to the frontage of this development, 50 percent of the road construction costs of Nash Road, and rebate said amount to the Owner. the preliminary estimated cost of these road works to be rebated is $22,200.00 The above Engineer. the final Works. figures are preliminary costs based on data received from the Ownerls These estimated costs will be required to be updated and revised when Engineering Drawings have been approved by the Director of Public 2. STORM SEWERS: Nash Road (west limit of property to outfall) In accordance with Paragraph 5.27 of the Agreement and Schedule "G" (1) of the Subdivision Agreement, hereto attached, the Town agrees to make every effort to collect and reimburse the Owner 50 percent of the sewer cost from the west limit of this phase of development (Phase I) to Street 'K', 100 percent of the sewer cost from west limit to storm manhole 7, and for all excess capacity required for External Drainage areas serviced by said sewer east of Street 'K' to outfall, at such time as additional development takes place which shall utilize such sewer. All calculations will be completed ,by the Owner's Engineer and approved by the Director of Public Works, and the cost sharing amount and costs of the oversizing shall be'determined upon final approval of the Engineering Drawings by the Director. The Estimated Cost of the sewer works to be rebated is as follows: (a) 50 percent of cost of sewer from west limit of property, easterly to Street IKI $ 17,700.00 (b) 100 percent of sewer cost from west limit of property, westerly to manhole 7 (c) Sewer oversizing from Street IK' to,outfa11 $ 1,900.00 $ 18,000.00 TOTAL $ 37,600.00 The appropriate share of the engineering fees related to the costs of work under P.l and 2. above shall be added to the rebate amounts. 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. SIGNEO, SEALEO AND DELIVERED ) ) ~ ) ATION OF TH~ TOWN OF NEWCASTLE ~~ '~.~. ~ CLERK ) ~~'t L R SCHLEISS l ~ ~44~ ) AY D. HOLLAND . ,. ,... " . .. - lHIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authori zed and approved by By-law No. ~f.{-(O,.J/' of the Corporation of the Town of Newcastle, enacted and pa s sed thi s~, day of ~~ 198 ~ CONSERVATION AUTHORITYIS WORKS (a) The Owner agrees to construct the storm sewer outfall into Farewell Creek, in accordance with the approved Engineering Drawings, as approved by the Town and the Conservation Authority. (b) The Owner agrees to comply with the Fill, Construction and Alteration to Waterways Regulation to the Central lake Ontario Conservation Authority as it applies to this site and to comply with any conditions made in any permit which may be issued under these regulations. 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 l THE CORPO ATION OF THE TOWN OF NEWCASTLE ) ) ~ ~L~ ) ~ nI~/~.<:Y7~ ) KA '(7'0. HilL[Atlb "" ~ p~~~ . .. > . . ., " . · THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authori zed and approved by By-law No. ty.,-(o,j/ of the Corporation of the Town of Newcastle, enacted and passed this ~ ,day of ~L.- 198V' ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT Estimated Costs of Works Fees Up to $100,000.00 Actual cost of engineering services and inspection fees up to a MAXIMUM of $4,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $100,000.00 to $500,000.00 $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 2.5% 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 $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of this Schedule cost estimates as specified in Schedule "J" for Hydro Distribution System shall not be included for the purposes of . calculating engineering and inspection fees as contemplated by this Schedule. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALEO ANO DELIVERED) ) ) ) ) ~ ) ) ) ) ~ Y R L ~~,~ ,~ HL I l +.~---~ . , . ,~ . " -" ~ '" .. · THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. i~-IO.J/ of the Corporation of the Town of Newcastle, enacted and passed this ~ day of ~t-- 198~ MINISTER1S/REGIONIS CONDITIONS OF DRAFT PLAN APPROVAL - Copy to be Attached - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. AY R ~LJc~~' SIGNED, SEALED AND DELIVERED ~ L R S HLEISS ~~~~ If Y 0 D. H LL A" ,. ,4 t '-~ .:,. " ~ '+,$";,, .... "'See footnote .:W , ~, ,~ ,.. See footnote L ,~,\:l ,. ~,;; i' , ~~. . \ ,;/' ~. ~, .See footnote "'See footnote k il l. .. DYE 8: DURHAM CO. LIMITED FORM NO. 114 AFFIDAVIT OF SUBSCRIBING WITNESS I, fc. re=72- 2. /J'J /h?7>,4 Ie. c: of the CtG., o"} CS~~ in the /2,Q..f I' (}-)--, J) -<.~a..~ ,/ ~2 '/~ - /~.tJ ,C 'CQ ..;av' make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at o '"8~ a... by /.I)~ ~S9 ~ /?~".t~ :0. 4.n{~ I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the T~ t::// /!I~C!i..4tte ~ Y-ks, ~~ el'J ~ this I D.t'J... day of ~(f'u..J' I -I2UL 1 '1 /"'\ ~I / , ~...tY:J~'~"-~~'~~ 19 8 t/ ;' alne Isabel Pascoe, a c.mmt..tlM~'" Judicial District of Durham, for Tn, Corporation of the Town" New''''''t EXpires December 21, 1986, . Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "atter the instru"",nt had been read to him and he appeandfully to understand if', Where executed under a power of attorney insert "(no"'" ofattorMY) as atwrMY for (no"", of party)"; and for next clause substitute "1 verily believe that the person whose signature 1 witnessed was authorized to execute the instrument as attorney for (nameY'. AFFIDAVIT OF SUBSCRIBING WITNESS I, of the in the make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at by I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the I this day of 19 A COMMISSIONER FOR TAKING AFFIDAVITS. ETC. . Where a party is unable to read the instrument or where a party signs by making hi. mark or in foreign characters add "atter the instru"",nt had been read w him and he appeared fully w understand if', Where executed under a power of attorney ineert "(no"'" of attorney) '" attorney for (no"", of party)"; and for next c1auee aubatitute -I verily belie"" thDt 1M peroon who.. ,ignotun I witn....d WfJI authorized to ezecute the instrum.nt '" alwrney for (nome)", f ., ,t ~ "1 .. ..~.. .. I~ .: , ... t -::r- = - ;a: \D ...-4 U"") Cl ::;::) -=-c I 0':> /lO - 1679 ~ , ~. '-~ ~~ ~~~~ ~ /#, DATED: 1984 BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - WALTER SCHLEISS AND RAYMOND D. HOLLAND SUBDIVISION AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB lJO File: 18T-77001