HomeMy WebLinkAbout84-121
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 84-121
being a by-law to authorize the entering
into of an Agreement with Betty Jo King,
594829 Ontario Limited 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 Betty Jo King, 594829
Ontario Limited and the said Corporation, dated this /'J/J! day of
DEC!e:/1t3~t.. 1984, in the form attached hereto as Schedule IIX. II
2, THAT Schedule IIXII attached hereto forms part of this by-law.
By-law read a first and second time this 9th day of October 1984.
By-law read a third time and finally passed this 9th day of October 1984.
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Document G.ifneral
Form 4 - tMd Registration Refolm Act, 1984
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CrL ..~::., is Of RE(EiPT
APR 9 f1 34 AM '65
(1) Registry 0
(3) Property
Identifier( .)
Land Title. lXI I (2) Page 1 of 58
Block Property
pages
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017. )
i6dltional:
See 0
Schedule
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(4) Nature of Document
Subdivision Agreement
(5) Consideration
Nil
Dollars $
ASS. DEi>. LAND REGISTRAR
t-lEWCASTLE No. 10 BOWMANV1Ltf '(&) Description
Parcel 33-2, Section Con. 2, Town of Newcastle,
(Darlington), Regional Municipality of Durham
New Property Identifiers
Additional:
See 0
Schedule
I Executions
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Additional:
See
Schedule
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Additional
Description 0 Parties 0 Other Ii]
(8) This Document provides as follows:
Copy of Agreement attached
( (9) This Document relate. to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
N/A
Continued on Schedule 0
)
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SignQl)aIS) Date of Signature
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(11) Address
forSemC8 40 Temperance Street, Bowmanville, Ontario, LIC 3A6
(12) Party(les) (Set out Status or Interest)
Name(s)
by her solicitor, David B. Thomas
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Sign~re ) Date of Signature
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(13) Address
for Service
R.R. No.3, Bowmanville, Ontario, LIC 3K4
(14) Municipal Address of Property
Not assigned
(15) Document Prepared by:
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THOMAS, ALLORE, MICHAEL
Barristers & Solicitors
Suite 403, 22 King SL W.
OShawa, Ontario
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Newsome and Gilbert. Limited
Form LF1333 (1/85)
Apnl. 1985
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LAND TITLES ACT
APPLICATION TO REGISTER NOTICE OF
AN UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY
Section 74 of the Act
To: The Land Registrar for the Land Titles Division of
Newcast1eCNo. 10)
The Corporation of the Town of Newcastle has an unregistered estate,
right, interest or equity in the land registered in the name of
BETTY JO KING, as Parcel 33-2, in the Register for Section Con. 2,
Newcastle CDarlingtonTownship).
And hereby apply under Section 74 of the Land Titles Act for the entry
of a Notice of Agreement in the Register for the said parcel.
DATED April 4th, 1985
THE
CORPORATION OF THE TOWN OF
Gk~
David B. Thomas
NEWCASTLE,
Per:
The address of the applicant for service is:
40 Temperance Street,
Bowmanville, Ontario,
LlC 3A6
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LAND TITLES ACT
AFFIDAVIT IN SUPPORT OF APPLICATION FOR"
ENTRY OF NOTICE OR EXTENSION OF NOTICE
Section 74 of the Act
I, DAVID B. THOMAS, of the City of Oshawa, in the Regional Municipality
of Durham, make oath and say as follows:
I am the solicitor for the applicant named in the attached Application for
Entry of a Notice of Agreement under Section 74 of the Land Titles Act.
The particulars of the Applicant's interest in the land are as follows:
The attached Agreement dated the 13th day of December, 1984, between The
Corporation of the Town of Newcastle, and Betty Jo King.
SWORN BEFORE ME at the City
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of Oshawa, in the Regional
Municipality of Durham, this
David B. Thomas
4th day of April, 1985
A Commissioner, etc.
_ ....oeD . CcJrnft'IIsSIol for
DONNA LOUIse w........._of Durham. for
1akinQ AfI\daYI1I'.~ Barr\IlIII' SoIICltllIS.
'tllOmIIt ADore. IVIU_
ElqIIre$ June 8. 1988.
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DATED: April 4, 1985
LAND TITLES ACT
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Section 74
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A P P LIe A T ION
THOMAS, ALLORE, MICHAEL
Barristers and Solicitors
Suite 403
22 King Street West
Oshawa, Ontario
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THIS AGRErtM~NT made in qui ntupl icate thi s 13th day of December
1 9 84 .
BET WEE N:
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the "TOWN" OF THE FIRST PART,
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BETTY JO KI NG
Herei na fter call ed the "OWNER" OF THE SECOND PART
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594829 ONTARIO LIMITED,
Hereinafter called the PARTY
OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the "Lands" and constitutes 5.45 hectares;
AND WHEREAS the Owner warrants that it is the registered owner of the Lands;
AND WHEREAS the Owner warrants that there are no'enGu~r~~ces registered against
the. subject property.
AND WHEREAS the Owner warrants that it has applied to The Regional Municipality
of Durham, hereinafter called the Region for approval of a plan of subdivision
of the lands;
AND WHEREAS to comply with the Region'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 Ourham, hereinafter called the
"Region" to sati sfy the requi rements of the Regional Municipality of Durham,
financial and otherwise;
ANn 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: .
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1. DEFINITIONS
In this Agreement:
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1.1 "Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1 .2 "Di rector" shall mean the Di rector 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
Newca st 1 e ;
1 .4 "Di rector of Community Services" shall mean the Di rector of Community
Services of the Corporation of the Town of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the Town of Newcastle;
1.6 "Sol icHor" shall mean the Sol icHor 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 "Commissioner" shall mean the Commissioner of Planning for. the Regional
Municipality of Durham.
1.9 "Minister" shall mean the Minister of Municipal Affairs and Housing,
Ontario.
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2.
2.1
GENERAL
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 this 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
Subject to paragraph 2.10(3) hereof, 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 Region. The said plan is attached hereto as
Schedule "B" and is hereinafter called the "Plan". The Owner shall also furnish
to the Town at the time of the execution of this Agreement, one copy of the said
Plan containing the stamp of approval of the Region, and a copy of the
subdivision agreement entered into between the Owner and the Region with respect
to the said Plan if such approval and/or 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
a1 so 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 LANOS
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 or applicable phase 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, absolute title 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.
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2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
. The aforement i oned deeds and grants of easements shall be prepared by the Owner
and regi stered at the Owner's expense at the same time as the Pl an 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 LANDS FOR SCHOOL PURPOSES AND SECONOARY OPTION
(1) There are no lands for school purposes and secondary option.
2.7 INT~REST IN SAID LANDS
The Owner hereby charges all its interest in the said Lands with the obligations
set out in this Agreement.
2.8 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:
30 Caristrap Street
BOWMANVILLE, Ontario
Ll C 3Y7
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.
2.9 REGISTRATION OF AGREEMENT
The Owner hereby consentsto 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 requi red to be .furni shed thereunder, have fi rst been regi stered
against the title to the land included in the Plan.
2.10 RENEGOTIATION AND 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 Commissioner approves a Plan of Subdivision for the said lands
which is substantially different from the Plan attached hereto as
Schedule "B"; or
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(ii) the Plan of Subdivision is not finally approved by the Commissioner
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.
(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 descri pt ions in the red 1 i ne p1 an annexed hereto as Schedule "8". 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 "8" and all
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 "8", II E" , "F", "G", "N", "0", "P", and
"Q") with the final plan of subdivision.
2.11 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.
2.12 ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of the
Town and no such assignment shall relieve the subsequent owner of any of his
obligations under this Agreement.
2.13 SCHEDULES 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 "8" "Pl an of Subdivi sion for final approval II
Schedule "C" "Charges against said Lands"
Schedule "0" "Deve10pment charges"
Schedule "E" "Grants of easements to be dedicated"
Schedule "F" II Lands and/or cash- to be dedicated"
Schedu1 e "G" "Works required"
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Schedule IIHII IIUtilities requiredll
Schedul e 11111 1I0uties of Owner's Engi neerll
Schedule IIJII IICost Estimatesll
Schedu1 e IIKII IIInsurance Policies requiredll
Schedule IILII IIRegulations for constructionll
Schedu1 e IIMII IIUse of said 1andsll
Schedule II Nil IIBuilding restrictionsll
Schedu1 e 11011 IILands requiring site p1anll
Schedule IIpll 1I0versized and/or External Servicesll
Schedu1 e IIQII IIConservation Authority's Worksll
Schedule IIRII IIEngineering and Inspection Feesll
Schedu1 e IISII IIMinister's/Region's Conditions of Approval II
2.14 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.
2.15 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.
2.16 PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Council will recommend to the Region that
the plan be approved for registration.
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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 thi s Agreement, pay all charges
with respect to existing local improvements assessed against the said Lands, as
set out in Schedu1 e "c" hereto. Such charges shall inc1 ude the Town I s share of
any local improvements which serve the said Lands and shall include the commuted
value of such charges including charges falling due after the date of the
execution of this Agreement.
3.3 PAYMENT OF DRAINAGE 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,
i nc1 udi ng the commuted val ue of such charges fa11i ng 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
highways, the amount of such cash payment shall be as set out in Schedule "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 of the Town.
(3) The cash or irrevocable letter as provided in subparagraph (1) hereof are
hereinafter collectively referred to as a "Performance Guarantee".
3.1 USE OF PERFORMANCE GUARANTEE
The Owner agrees that the Town may at any time,
authorize the use of all or part of any Performance b~drant~e if the 0wner fails
to pay any costs payable by the Owner to the Town under this Agreement by due
date of the invoice for such costs.
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3.8 INDEMNIFICATION OF TOWN AND INSURANCE
The Owner covenants and agrees to . indemni fy the Town agai nst 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
Schedule "K" of this 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 for from the date of completion as follows:
(a)
Initial Stage of Road Construction: the greater of two (2) years
from the date of issuance of the Certificate of Completion for the
initial stage of road construction or upon the date of issuance of
Certificate of Completion for the final stage of road construction.
Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
(b)
3.10 USE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town may at any time,
authorize the use of all or any part of any Maintenance Guarantee it 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 val ue of the completed Works .on approval by the Director of a Progress
Certificate prepared by the Owner's Engineer.
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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
(b)
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.
(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.
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 Ilat the expense of the Owner 'I unless the
context otherwise requires.
(2) 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.
(3) The Owner shall have the right to inspect, upon reasonable notice, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Town is seeking
reimbursement.
(4) The Owner shall pay to the Town for all engineering and inspection costs
in accordance with the provisions of Schedule IlRIl 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 E.M.O. 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 Canadi an bank in an amount of Seven Thousand, Five Hundred Doll ars
($7500.00) 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 a Letter of Credit
for the full amount of Seven Thousand, Five Hundred Dollars ($7,500.00). So
that the amount of security deposit on hand with the Town always equals Seven
Thousand, 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 the builder to whom the Owner has sold a lot or block with
the Plan. The Owner agrees to obtain any such Letter or Letters 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. Furthermore, the Owner
acknowl edges that occupancy deposits wi 11 be provi ded for future phases of
development of said lands.
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PLANNING
APPROVAL OF TREE PRESERVATION PLAN
The Owner agrees not to remove trees from valley lands without the written
approval of the Central Lake Ontario Conservation Authority and not to remove
trees from lots or blocks except those that would otherwise prevent it from
carrying out the Works or from utilizing any lot or block by reason of its
inability to site a dwelling on such lot or block because of such trees.
4.2 USE OF SAID 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 application
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
i ssuedhave 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, to the
written approval of the Director unless otherwise approved by the
nirector. Alternatively, if weather conditions prevent the
construction of the base course of asphalt, an additional lOOmm layer
of Granular IAI gravel may be installed as a disposable
"contamination" surfa~e; 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
(4 )
all of the Utilities required to be constructed and installed under
such roads have been constructed and installed to t~e approval of the
authorities having jurisdiction over such Utilities; and
the Owner has provided the Director of Planning with a mylar 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
(5)
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(6) the balance of all Levies and/or Development Charges have been paid
in respect of the lot or block in the Plan for which the building
permit is applied for;. and
(7) the Owner has deposited the Occupancy Letter of Credit as required by
paragraph 3.15 of .this Agreement; and
(8) 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 "N" as
required by paragraph 4.3 of this Agreement; and
(9) 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.
(11) the Performance Guarantee and/or Maintenance Guarantee required
pursuant to this Agreement has been deposited with the Town and is in
good standi ng.
(12) the applicant has submitted a site plan satisfactory to the Director,
and verified by the Owner's Engineer that the final grades of the
respective lot(s) or block(s) is appropriate for the building(s)
proposed to be constructed and the grading of the lot conforms to the
approved lot grading plan, and the Town's Design Criteria and
Standard Detail Drawings.
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, 1980, 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 10 cm
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 provi s ions of paragraph 4.8 of thi s Agreement have been compli ed 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 exerci se or
cause to be exercised, architectural control over the design and
construction of dwellings within the plan by requiring that the
exterior construction of all dwellings be at least 45 percent masonry
e.g. brick, stone or other earthern products, but exclUding stucco and
concrete block, or at least 45 percent finished wood siding, excluding
plywood, particle board or 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.
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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
(3) the Owner has obtained from the prospective purchaser a licence to permit
the Owne~ and/or Town, to enter upon such lands to perform its obligations
under this Agreement; and
(4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to
this Agreement has been deposited with the Town and is in good standing.
(5) the Owner has included the following Notices in the Agreements of Purchase
and Sale entered into by prospective purchasers:
(a) that the lands are subject to the covenants and obligations setfo,rth
in this Agreement, and more particularly, Section 5.28 'in respect of
obligations of subsequent owners; .
4.8 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 "Occupancy Permit". In addition to any other
requirements contained herein, no Occupancy Permit shall be issued for any
building until:
(1) 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
(2) 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
(3) 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
'(4) 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
(5) the Owner's Engineer has provided the Director with certification; being
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. '
(6) Notwithstanding the provisions of sub-paragraph (5) of this Clause the
Owner shall be entitled to a temporary Occupancy Permit in the event that
the Owner has not ,been able to comply with the requi rements of SlAb f"'~"'.1"""~ (J) 1lI.~
sub-paragraph (5) by reason of seasonal,. weather or other conditions
beyond the control of the Owner.
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4.9 SPECIAL CONDITIONS
(1) The Owner covenants and agrees to satisfy the requirements of the Central
lake Ontario Conservation Authority as contained in Schedule "Q" hereto.
(2) The Owner covenants and agrees that lots 32 to 39 inclusive, lots 59,60
and 61 as shown on draft Plan of Subdivision 18T-83006 shall proceed only
through future phases of development of the said lands, pursuant to the
provisions of this agreement. Future phases and the authorization to
commence works within each Phase will require compliance with Section 5.10
- Authorization to Commence Works and 5.11 - Requirements for
authorization of subsequent stages. The Owner aCknowledges that future
Phases of development will require the payment of the appropriate
development charges (Schedule 101); the providing of any grants of
easement (Schedule lEI); 'the dedication of lands (Schedule IFI) and the
payment of cash contributions for the upgrading of Nash Road and Given
Road adjacent to said lands (Schedule IJI - as submitted pursuant to
Section 5.11).
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5. PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of the
servi ces and 1 andscapi ng more part i cul arly 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 Certificate 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 "W.
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
"0wner'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 stonn 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 reapproval 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 Plan" which divides the Plan into stages
for the construction, installation and maintenance of the Works and Utilities.
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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 Work, as
hereinafter provided, receive the written approval of the Director of a schedule
(hereinafter called the IISchedule of Works") which sets out the timing sequence
in which the Owner proposes to construct and install all of the Works and
Utilities and, where the installation of the Works and Utilities are to be
staged the Owner shall, 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
schedule, except as it may be subsequently amended with the approval of the
Director.
5.9 .APPROVAL OF COST ESTIMATE
The Owner agrees that, prior to the issuance of any Authorization to Commence
Work as hereinafter provided, the estimated cost of construction and
install at ion 'of all of the Works, herei nafter call ed the IIWorks Cost Estimate" ,
shall be approved by the Director and entered in Schedule "JII hereto. If the
Town has approved a Staging Plan for the said Lands, the Owner further agrees
that the estimated cost of construction and installation of the Works for each
stage, hereinafter called a "Stage Cost Estimate" shall be approved by the
Director and entered in SChedule IIJII hereto.
5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any Qf the
Works without the written permission of the Town, hereinafter called an
II Authori zation to Commence Works II. The Owner shall only cOll1lTlence those Works
permitted by the Authorization to Commence Works. In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued for any of the Works until:
(1) the Plan has received final approval from the Region; 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 Agreement, 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 Agreement, and any such conveyance has been
reg; stered; and
(7) the Owner has delivered letters from the appropriate Public Utilities
Commission, or authority or company having jurisdiction, 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 icul arly referred to in
Schedule IIG"; and
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(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) the Owner has received the written approval of the Council of the Town for
the Staging Plan as required by paragraph 5.7 of this Agreement; and
(13) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.R of this Agreement; and
(14) 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
(15) 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
(16) the Owner has deposited with the Town any poliCies of insurance as
required by paragraph 3.8 of this Agreement; and
(17) 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
(18) the Owner has paid all costs due to the Town for oversizing as required by
paragraph 5.27 of this Agreement.
(19) Notwithstanding the above the Owner may commence installation of the work
as referred to in Schedule "G" hereto with the written aprova1 of the Director,
prior to the registration of the Plan provided that Sections
3,4,7,8,9,10,11 ,13,14,15,16,17 and 18 of this Clause 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 the 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 Owner's Engineer, shall have the
ower to stop any such work in the event that, in their opinion, work is being
performed in a manner whi ch may result in a completed install at ion that wou1 d
not be satisfactory to the Town.
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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
"L" 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
Authorization 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 tree planting.
5.16 ADDITIONAL FACILITIES OR WORK REQUIRED
If, in the opinion of the Director, any minor or incidental additional work is
requi red 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 facil 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 causing
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
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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 maintenance 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 Oi rector rei nstate the performance or mai ntenance 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. duri ng the course of dewateri n9 and excavat ion
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 pa rty; or '
(b) where the interference to a well or private water supply is of a long
term duration, at the opt ion of the Owner and at hi s 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 whi ch 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.
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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
Oirector; 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
Completion". 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 Cbmmence Works for
which a Certificate of Completion is required, have been inspected by the
Oirector, 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 WO.rks authorized by such Author1zation 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 fall ows:
(a) Initial Stage of Road Construction: the greater of, two (2) years
from the issuance of the Certificate of Completion for the initial
stage of road construction or upon the date of the issuance of the
Certificate of Completion for the final stage of road construction.
Final Stage of Road Construction: one (1) year from the date of the
issuance of Certificate of Completion for the final stage of road
construction.
(b)
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 "Certificate 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.
.
.
. .
.
cli
.
- 20 -
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.
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 Release", in a fonn 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 confi rmation 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
therei~ of all obligations of the Owner under this Agreement with the exception
of the Owner's responsibility for drainage as provided herein and the Owner's
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 Servicesll) which are more
particularly set out in Schedule lip" 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 port ion of the cost of the
Oversized or External Services (which is also set out in Schedule liP") 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 SlJl1 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.
.'
.'
"
c25.
- 21 -
5.28 RESPONSIBILITY OF SUBSEQUENT OWNERS
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 the
following:
(1) The registered owner shall be responsible 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 in
Paragraph 5.6 herein.
(2) The registered owner of lots 13,14,15,16 and 1 on Plan lOM-
and Lot 61 on Draft Plan of Subdivision 18T-83006 shall be responsible for the
mai ntenance of fenci ng requi red pursuant to Paragraph Seven (7) on Schedul e I G'
to this agreement.
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
l-..~~
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BETTY JO KI N6 .. ~
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594829 ONTA. . TEO _ ~;J...{-
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.
THIS SCHEDULE IS SCHEDULE II A" to the Agreement which has been authori zed and
approved by By-law No. (get-IV of the Corporation of the Town of Newcastle,
enacted and passed the tjk.. day of 6>t:fe>JI.6tt-. 1984.
LEGAL DESCRIPTION OF SAID LANDS
All and singular that certain parcel or tract of land and premises situate,
lying and being in the Town of Newcastle, in the Regional Municipality of
Durham, formerly in the Township of Darlington, County of Durham, Province of
Ontario, being composed of Part of Lot 33, Concession 2, geographic Township of
Darlington, (formerly Township of Darlington) now designated as Parcel 33~ in
the Register for Section 111I, Co~ J '. 2, Newcastle (Darlington) and
designated as Parts 1,2 and 3 on a Plan of Survey of record filed in the Office
of Land Titles at Newcastle (No. lO) as Number lOR-1936 being the whole of the
said parcel.
Subject to an easement described in Instrument 93793 in favour of the Regional
Municipality of Durham, its successors, and assigns, over part of said Lot 33,
designated as Part 2 on Plan lOR-1936.
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
In the presence of:
}
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594829 ONTA~I~ jtMITED -f~~
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THIS SCHEnULE IS SCHEDULE "B" to the Agreement which has been authori zed and
approved by By-law No. gt-,~ of the Corporation of the Town of Newcastle,
enacted and passed the 'j.a- day of c::rG;T~ 1984.
PLAN OF SUBDIVISION
Schedule "B" consists of the following:
the Draft Plan of Subdivision 18T-83006
Part of Lot 34, Concession 2
Town of Newcastle (Darlington)
Final P1an(s) prior to registration of Phases
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
In the presence of: ~
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BETTY JO KING '~
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59482 ONTAR ED - f~~dD-i:
PLAN
OF PART
TOWNSHIP
TOWN
REGIONAL
SCALE I
10m 5 0
~
CUT STONE
MONUMENT
10
I
SUBDIVISION
CONCESSION 2
the
NEWCASTLE
MUNICIPALITY OF DURHAM
C. F. FLEISCHMANN, O.L.S., 1984
OF
OF
OF
LOT 33,
DARLINGTON t
OF
now
,
In
CURVE
CURVE DISTANCES SHOWN ON PLAN ARE ARCS
tAB.L E
RA DIU S
30.00
65.00
65.00
6.00
15.24
IS.25
18.25
18.25
18.25
18.25
18.25
18.25
15.24
26.00
26.00
26.00
45.00
45.00
20.00
21.847
21.847
21.847
21 .S47
50.00
50.00
50.00
21.847
A
35016'40
500608
6053 52
63032 10'
4 1005 30
49039 50
4602221
380 1 I 58'
35030' 03 '
40033'53"
4700725"
0404530 '
4 I 005 30
1003909'
30045 18
22007 43
4037'1 "
7022 50
470;n 30
12048' 02"
3504541
36030' 23'
00053 23 ·
15044'48'
1500349'
0402203"
8057 31
DATA
ARC
IS.419
5.788
7.S25
6.653
10.930
15.S19
14.77\
12.167
11.30S
12.921
15.010
1.516
10.930
4.834
13.956
10.042
3.628
5.797
16.566
4.88 I
13.636
13.920
0.339
13.742
13.145
3.811
3.416
LOT
6
8
9
10
I I
12
13
14
15
16
17
18
IS
20
21
22
23
24
26
36
37
38
39
45
46
47
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20
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1/,/101.:Iv//I/(;, ____ ""---
___ 8y Oi:"p, PLAN 0 BLOCK ,'<;-
____ /v'- /998 __
THE ____ 1/ 1liWys.J
(B'( I</NGJ~ , ______
On:> '"" I~
:. PI-AN IIGHWA' ----
N~ qy 1'0
179 \:- 2
( I-IWy's ) -
NOTE:
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NI7057'IO"W or
THE EAST LIMIT OF THE FORCED ROAD AS SHOWN ON PLAN 10R- 1384.
TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM.
SURVEYOR'S
CERTIFICATE
CERTIFY THAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS
ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER.
STANDARD IRON BARS SHOWN THUS
16 mm SQ. IRON BARS,60cm LONG, SHOWN THUS
MONUMENTATION FOUND
STANDARD IRON BARS PLANTED SHOWN THUS
IRON BARS PLANTED SHOWN THUS
2. THE SURVEY WAS COMPLETED ON THE DAY OF
198
SIB
18
~
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--0--
DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
IS.131
5.786
7.821
6.318
10.697
15.32S
14.371
11.943
I I. I 28
12.653
14.590
1.515
10.697
4.827
13.789
9.979
3.627
5.793
16.097
4.871
13.416
13.686
0.339
13.698
13.108
3.810
3.412
CHORD
N 20 55 20 E
N7200224 W
N7S002 24 W
N49043 15 W
N 2035 35 E
N 104 I 35 W
N49042 41 W
N8S000' 10 E
N5I009'10"E
N 13007'12" E
N30043' 28' W
N5603955 W
N38029'55'W
N230 16 45 W
N430 58 58 W
N70025 29" W
N79010'45"W'
N730 1045 W
N 44" I 4' 25 E
NSSo 17'54' E
N61001 03 E
N24053'Ol' E
N02? 46 24" W
N I 20 3S' 16 E
N 0204603 'w
N 12028 59 W
N020 0904 E
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PLA N 10M - _ _ _ _ _ _ _ _ _ _ _ _ _ _
I CERTIFY THAT THIS PLAN 10M- _ _ _ _ _IS REGISTERED
IN THE LAND REGISTRY OFFICE FOR THE LAND TITLES
DIVISION OF NEWCASTLE (N910) AT _ _ _ _ _ O'CLOCK ON
TH E _ _ _ _ DAY 0 F _ _ _ _ _ _ _ _ _, 198_ _, AN D ENTERED
IN THE REGISTER FOR PARCEL____________,
SECTION ,AND REQUIRED CONSENTS AND
AFFIDAVITS - AR-E -REGISTERED AS PLA N DOCUMENT N2
LAND REGISTRAR
A PPROV ED _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
EXAMINER OF SURVEYS
NOTE: ,
THIS PLAN COMPRISES PART OF PARCEL
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METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
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OWNER'S CERTIFICATE
.A\
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THIS IS TO CERTIFY THAT:
I. LOTS I TO 49, BOTH INCLUS IVE. BLOCK 50, THE STREETS NAMELY VALLEYCREST
DRIVE AND BELLEVIEW COURT AND THE RESERVE NAMELY BLOCK 51, HAVE BEEN LAID
OUT IN ACCORDANCE WITH OUR INSTRUCTIONS.
2. THE STREETS ARE HEREBY DEDICATED AS PUBLIC HIGHWAYS.
DATED THE____ DAY OF___________. 19S__
WITNESS
BETTY JO KING (OWNER)
BETTY JO KING
APPROVED UNDER BY LAW IS4/S0 AS AMENDED, PASSED PURSUANT TO ONTARIO REGULATIONS
890/S0 AND S91/80 MADE UNDER THE PLANNING ACT R.S.O. 1980, ON THE ____ __DAY
OF_______,19S__
COMMISSIONER OF PLANNING
IN WITNESS WHEREOF THE CORPORATION OF THE REGIONAL MUNICIPALITY OF DURHAM HAS
HEREUNTO AFFIXED ITS SEAL PROPERLY ATTESTED THIS____ DAY OF_______198__.
REGIONAL CHAIRMAN
REGIONAL CLERK
8
DONEVAN
ONTARIO LAND
II ONTARIO ST. J
OSHAWA, L1G 4Y6.
725-4795, 683-370 I
FLEISCHMANN CO. LTD.
SURVEYORS
SHERIDAN MALL,
PICKERING, UV IB8.
839-S693
DRAWN BY: W.F.C. CHKD. BY: G.C. F.
SCALE I: 750 J08 NQ 1-4729 F
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DRAFT
OF PART
FORMERLY
TOWN
REGIONAL
PLAN OF SUBDIVISION
OF LOT 33, CON.CESSION 2
TOWNSHIP OF DARLINGTON
OF NEWCASTLE
MUNICIPALITY · OF DURHAM
BLOCK
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ADDITIONAL INFORMATION REQUIRED
UNDER SECTION 33 OF THE PLANNING ACT
7V7E:.-rR/C '-D/ST.4/'VCES SHOVV'^-/ c:::::;J/'.J
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a. AS SHOWN ON DRAFT PLAN
b. AS SHOWN ON KEY PLAN
c. AS SHOWN ON DRAFT AND KEY PLANS
d. RESIDENTIAL, SINGLE FAMILY DWELLINGS,
e. NORTH: RESI DENTI AL , WEST: VACANT, SOUTH:
HIGHWAY - COMMERCIAL ,EAST: CREEK VALLEY
f. AS SHOWN ON DRAFT PLAN
Q. AS SHOWN ON DRAFT AND KEY PLANS
h. REGIONA L PI PED WATE R
l. SANDY LOAM
It SANITARY SE~RS, STORM SEWERS
I. ONTARIO HYDRO EASEME NT (ABANDONED)
(RELEASE OF E:ASEMENT APPLlE 0 FOR)
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OWNER'S CERTIFICATE
SURVEYOR'S CERTIFICATE
HIGHWAY
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\ I AUTHORIZE DONEVAN a FLEISCHMANN CO. LTD. TO
PREPARE AND SUBMIT THIS DRAFT PLAN OF SUBDIVISION
'TO 7"J...IE:. REG/OA../ ~ DL/RHAI"7 Ft::>R
AP...c:>~c::>V./"\.. L .
I HEREBY CERTIFY THAT:
THE BOUNDARIES OF THE LAND TO BE SUBDIVIDED
ARE CORRECTLY SHOWN.
----- -----
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BOWMANVILLE, ONTARIO
-----
DR. A. E. KING
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DATE C. F. FLEISCHMANN, OLS.
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DONEVAN8 FLEISCHMANN CO. LTD. RE"V/SF""r:>: r=-F"~. 7-AE34-
ONTARIO LAND) SURVEYORS ~#I-47e9.A
" ONTARIO ST., SHERIDAN MALL,
OSHAWA, L1G 4Y6 PICKERING, LIV IB8
MARC:I-I es-/qa.s/ ~E3::1f: 1-4-7&:=1
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THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authori zed and
approved by By-l aw No. ~/z--I of the Corporation of the Town of Newcastle,
enacted and passed the 1~ day of ~c.....:z:e.~~ 1984.
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
payment due on execution of this Agreement
(2) LOCAL IMPROVEMENT CHARGES
nil
(3) DRAINAGE CHARGES
n11
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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CLERK
BE-ri? ~~.~ -< ~ ~~
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594829 ONTAR ITED - (Jvq~
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. .
3\
THIS SCHEDUL.E IS SCHEDULE 11011 to the Agreement which has been authori zed and
approved by By-law No. i>y.../q of the Corporation of the Town of Newcastle,
enacted and passed the 7~. day of Oc..,,:T.c~< 1984.
DEVELOPMENT CHARGES
I PHASE I: (Forty-nine lots - as shown on Plan 10M- )
The Owner shall pay to the Town development charges in the amount of $44,835.00
(calculated at the rate of $915.00 for each dwelling unit) which shall be paid
as follows:
25% of the aforesaid sum ($11,208.75) prior to issuance of the buildin~
permit for the first (1st) dwelling unit to be constructed within the
first phase.
25% of the aforesaid sum ($11,208.75) prior to the issuance of the
building permit for the thirteenth dwelling unit to be constructed within
the fi rst phase.
25% of the aforesaid sum ($11,208.75) prior to the issuance of the
building permit for the twenty-fifth dwelling unit to be constructed
within the first phase.
the remainder of the aforesaid sum ($11,208.75) prior to the issuance of
the building permit for the thirty-seventh dwelling unit, to be
constructed within the first phase.
(Eleven lots - Numbers 32,33,34,35,36,37,38,39,59,60
and 61 on Draft P1an of Subdivision 18T-83006)
The Owner sh,a11 pay to the Town of Newcastle Development Charges in the amount
of $10,065.00 (calculated at the rate of $915.00 for each dwelling unit) prior
to the issuance of the first (1st) building permit for a dwelling unit to be
constructed Ion any of the following lots as shown on Draft Plan of Subdivision
18T-83006:
II Future Phases:
Lots 32, 33, 34, 35, 36, 37, 38, 39, 59,60 or 61.
For the purpc)ses of thi s Schedule and the Agreement developrnent charges actually
paid to the Town shall be applied in the first instance on a pro-rata basis
against all 110ts or blocks within the Plan upon which it is contemplated by this
Agreement thclt residences shall be bui 1 t but, upon the issuance of the fi rst
buil di ng permit and therea fter, the development charges shall be fi rst appl i ed
in full satisfaction of the development charges owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development charges actually pa i d to the Town (i f any) shall be appl i ed 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
buil di ng permit has been issued.
For the purpc1ses of thi s Schedu1 e and the Agreement the number of bui 1 di ng
permits issuE!d shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Owner or any
other person.
,
.
, .
3~
. .
.
'Schedul e "0"
- 2 -
The Town shall review the schedule of development charges annually and shall
adjust the amount of the development charges in accordance with the increase of
capital costs as may be appropriate using the Southam Construction Index for
calculating such adjustments.
The Owner hereby acknowl edges and agrees that shoul d buil di n9 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 adjustment in accordance
with the schedule of Development Charges in effect at that time.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year fi rst above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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THE CORPO TION OF THE TOWN OF NEWCASTLE
~~uJ.~
CLERK
f:::.., ~___ ~ ~~ ""'-
BETTY JO KING :':> ~ ')
594829 <<g;I~ED - fkt.'tJ..J':;
.' ..'
. .
33
THIS SCHEDULE IS SCHEDULE IIEII to the Agreement which has been authorized and
approved by By-law No.8Y-/u of the Corporation of the Town of Newcastle,
enacted and passed the 1~ day of ~c....T.o"~~ 1984.
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(a) First Phase of Development, ... Parts I on Plan lOR-I, Parts I on
Pl an lOR-I
(b) Any easements required for utilities, drainage, or other purposes in
respect of any lot or block within future phases of development;
within the said lands as shown on Draft Plan of Subdivision 18T-83006
(Schedule "BII); approved by the Regional Municipality of Durham. 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 such lot or block.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have .hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
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THE CORPO TION OF THE TOWN OF N~WCASTLE
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BETT~J~~ ~2-~"
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594829 TARI- - -,ED - p~
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34-
,
,
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authori zed and
approved by By-law No. Bf- /2:/ of the Corporation of the Town of Newcastle,
enacted and passed the 9~ day of <'cZ:-o.B6< 1984.
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the Town,
deeds to the following land:
(a) i) Block 51 (for a 0.3 metre reserve) as shown on the attached Plan
10M-OJ
ii) Block 50 (for a public walkway) as shown on the attached Plan
10M-OJ
(b) Block 63 ~for road widening purposes); Block 65 (for a 0.3 metre
reserve), both of which are within the limits of said lands as shown
on the draft plan of subdivision 18T-83006; approved by the Regional
Municipality of Durham. Such dedications shall be delivered at such
time as each respective Block is incorporated within future phases of
deve 1 opment .
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Town, as cash in lieu of the dedication by the
Owner to the Town of lands for public purposes, the amount of five percent
(5%) of the market val ue of the said lands agreed upon as five percent
(5%) of $405,000.00, being $20,250.00, which shall be paid as follows:
- $10,125.00 upon the execution of this agreement.
- $10,125.00 prior to the issuance of the twenty-fifth (25th) dwelling
unit bo be constructed within the First Phase.
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
In the presence of: ~~. :d~~
) M Y
~ A.~fLd' /~
) . CLERK
l .e,4P:P.~ 4(~~
) BETTY JO KI ~ ~
l ~-~
l 5948" fun'- n '-HITEO - ftu;:dJ
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PLAN
MATERiAl
-PLASTIC MATERIAL - MYLAR
GAUGE 0.003 INCH
PROCESS - PHOTO GRAPHIC
INK SPECIAL 'T'
~
PLAN
OF
SURVEY
38 AND 39
OF
PART OF LOTS
PLA N 10M -
TOWNSHIP OF DARLINGTON, now in the
TOWN OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
. .
SCALE -I 400, C.F FLEISCHMANN O.L.S., 1984
10m
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30m
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METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
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35
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE LAND
TITLES ACT.
PLAN IOR- ___
RECEIVED AND DEPOSITED
DATE_______
DATE _______
SIGNATURE
LAND REGISTRAR FOR THE
LAND TITLES DIVISION OF
NEWCASTLE (N2 10)
APPROVED
EXAMINER OF SURVEYS
"CAUTION" THIS PLAN IS
· WITHIN THE MEANING OF
NOT A PlAN OF SUBDIVISION
THE PLANNING ACT.
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE N2003040"E
OF A EAST LIMIT OF VALLEYCREST DRIVE AS SHOWN ON PLAN IOM-
TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM.
STANDARD IRON BARS. SHOWN THUS SIB
16mm SO. IRON BARS. 60cm .LONG, SHOWN THUS IB
20mm DIA. ROUND IRON BARS. 60cm LONG _ SHOWN THUS 18 ~
MONUMENTATION FOUND .
MONUMENTATION PLANTED 0
SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE
DAY OF
, 198
DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
a
FLEISCHMANN co. LTD.
LAND SURVEYORS
SHERIDAN MALL I
PICKERING I LlV IB8
839- 8693
DON EVAN
ONTARIO
II ONTARIO ST. I
OSHAWA t L1G 4Y6
725 -4795 I 683 -3701
DRAWN BY:W.F.C. CHKD. BY:L.M.N.
SCALE 1:400
JOB Nil 1-4729-F
-----..
.
.
3~
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authori zed and
approved by By-law No. €Y-7z( of the Corporation of the Town of Newcastle,
enacted and passed the 9~ day of J!>c.rc:.&t1E< 1984.
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, including storm sewer mains,
manholes, service connections, catchbasins and leads, open channels, stonn
outfa11s and any other appurtenances as may be required in accordance with the
Town of Newcastle's 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)
(b)
Pavement widths as proposed.
The grading and paving of all streets, inclUding the installation of
Granular "A" and Granular "B" material to provide a proper base for paving,
shall be 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 sidewal ks in
accordance with the Town of Newcastle's Design Criteria and Standard
Drawings as proposed.
The Owner agrees to the grading and paving of all driveways between the
curbs and sidewalks, in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings. In areas where there are no sidewalks,
driveways will be paved to the property line. For the purposes of this
subsection paving shall include interlocking brick installed in accordance
with plans and specifications to be approved by the Director.
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 topsoiling and sodding of the boulevards between
the curbs and the property line, as according to the Town of Newcastle's
Design Criteria and to the satisfaction of the Director of Public Works.
The Owner agrees to supply, install and maintain traffic signs and
permanent street-name signs, in accordance with the Town's Design Criteria
and Standard Drawings and to the satisfaction of the Director of Public
Works.
(h)
(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 Newcastle's 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.
. . 0
.
37
.
Schedule "G"
- 2 -
3. PEDESTRIAN WALKWAYS
The Owner agrees to construct, install and maintain completed pedestrian
walkways, including all appurtenant fencing and lighting, in accordance with
Engineering Drawings in accordance with the Town of Newcastle's Design Criteria
and Standard Drawi ngs to be approved by the Di rector of Public Works, and shall
4. TEMPORARY TURNING CIRCLES
The Owner shall provide and grant to the Town, any temporary easements as are
required by the Town's Standard Drawings, and construct and maintain such turning
circles in accordance with the Town's Design Criteria and Standard Drawings
approved by the Director.
5. CONSERVATION WORKS
In addition to the work required by the Schedule "Q", the Owner shall construct,
install and maintain certain conservation works within this Plan, such as
retaining walls, drainage channels and watercourse channelization works,
including all appurtenant fences and all other apparatus, in accordance with the
Engineering Drawings approved by the Director of Public Works.
6. 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.
7. FENCING (Phase I)
1} Fencing along rear of Lots 13,14,15,16 on Plan 10M-I (abutting Nash Road).
F1ankage of Lot 1 on Plan 10M-I in accordance with plans and specifications to be
approved by the Director of Public Works and the Director of Planning.
2} Future Phases
Fencing is to be installed at the Owner's expense long the flankage of Lot
61; as shown on the draft Plan of Subd1vi sion 18T -83006 at such time said lot is
incorporated within future phases of development of the said lands, in accordance
with plans and specifications to be approved by the Director of Public Works and
the Director of Planning.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
.the day and year fi rst above written and the parti es hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized 'in that behalf.
?fi~1
} THE CORPO TION OF THE TOWN OF NEWCASTLE
~
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SIGNED, SEALED AND DELIVERED
In the presenc.e of:
~~
BE~Y~~ <~
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594 29 ONTARIofMITED - Pre<><~
..
. .
38
. .
THIS SCHEDULE IS SCHEOULE IIW to the Agreement which has been authori zed and
approved by By-law No.BY-(~ of the Corporation of the Town of Newcastle,
enacted and passed the 9~ day of t1>e70~ 1984.
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 Oirector. All electrical
services are to be installed 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. ST~EET LIGHTING SYSTEM
The 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 acceptance of the works including all appurtenant apparatus and
equipment, in the locations as approved by the Director. The Owner shall
furnish written evidence satisfactory to the Director that such a.rrangements
have been made prior to the issuance of any Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or Bell Canada for
the design,provision and installation of a telephone system to serve the said
Lands, as approved by the Director. All telephone services are to be installed
underground.
4. 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}
In the presence of: }
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BETTY J KI '\
.
.
,
39
THIS SCHEDULE IS SCHEDULE II I" to the Agreement which has been authorized and
approved by By-l aw No. M'I-/"2/ of the Corporation of the Town of Newcastle,
enacted and passed the 9~ day of t?e7~ 1984.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Director:
~~~
(c)
(d)
(e)
( 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 following:
(a)
provide field layout including the provision of line and grade to the
contractors and, where required, restaking; and
(b)
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
Oi recto r; and
(c)
(d)
provide co-ordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; 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.
(e)
( f)
4. MAINTAIN RECORDS
The. Owner's Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The Owner's Engineer shall. provide the Di rector with reports on the progress of
the construction and installation on a monthly basis, or at such other interval
as approved by the Director.
.
.
Lta
"
Schedule I
- 2 -
6. PREPARE AS CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare the As-constructed Drawings for ~he 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
In the presence of: ~ ~ ~~
) MAYOR
~ J)tL<~L0J cO~~
) CLERK
n JZ 1\.,-,.. l t>. ~....~ ~~
)fj1 J .r}Ur" j l BETTYJO :NG ~. ~
I 5948~NTA~IM10 -~
,
,
Ltl
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and
approved by By-law No. a '/-/~I of the Corporation of the Town of Newcastle,
enacted and passed this ?d-. day of OC-Tc86<. 1984.
1) SUMMARY TABLE
PHASE I
(VALLEYCREST
QR.!YIL _ _ _
PHASE 2
(BELLVIEW
COURT)_ _ _
PHASE 3
(TOOLEY'S
E.OAD1_ _ _
PART 1
(Underground Services & Grading
$156,256.25
$ 54,533.00
PART 2
(Road Base Works)
PART 3
(Above Ground Works)
53,450.85
25,581.75
23,412.27
28,212.28
$lBB,JS1.93
103,527~02
69,006.04
$278,713.14
$387,979.17
382,240.16
To be
Determi ned
TOTAL
2) CASH CONTRIBUTIONS
i) NASH ROAD
ITEM DESCRIPTION UNIT
-
QUANTITY UNIT PRICE TOTAL
1750.00 $ 3.15 $ 5,512.50
744.00 11 .55 8,593.20
248.00 13.65 3,385.20
325.00 5.00 1,625.00
200.00 99.75 19,950.00
325.00 30.00 9,750.00
320.00 35.00 11,200.00
1150.00 2.65 3,047.50
3.00 1 ,400.00 4,200.00
175.00 11 0.00 19,250.00
4.00 650.00 2,600.00
6.00 550.00 3,300.00
Sub Total $ 92,413.40
$ 13,862.01
TOTAL $106,275.41
26,568.85
1. Excavation cu. m
2. Granular B (375mm) cu. m
3. . Granular A (15Omm) cu. m
4. 100mm Perf. Pipe Underdrain cu. m
5. 120mm Asphalt cu. m
6. Concrete Curb & Gutter 1.m.
7. Concrete Sidewalk 1.m.
8. 100mm Topsoil & Sod sq. m
9. Street Lights each
10. 375mm Storm Sewer 1.m.
11. Catch Basins each
12. Manholes v.m.
15% Engineering & Contingencies
Developers Cash Contribution at 25%
3) LETTERS OF CREDIT
A) PHASE I - VALLEYCREST DRIVE
PART 1 - UNDERGROUND SERVICES & GRADING
ITEM
1 .
2.
3.
4.
5.
6.
7.
8.
9.
10.
DESCRIPTION
UNIT
QUANTITY UNIT PRICE TOTAL
1.00 $1 ,500.00 $ 1 ,500.00
4000.00 3.00 12,000.00
9.00 75.00 675.00
9.00 85.00 765.00
25.00 75.00 1,875.00
148.00. 80.00 11,840.00
41.00 90.00 3,690.00
44.00 100.00 4,400.00
36.00 95.00 3,420.00
81.00 550.00 44,550.00
Clearing Site
Rough Grading & Excavation
200mm C.S.P.
300mm C.S.P.
250mm Concrete Pipe
300mm Concrete Pipe
375mm Concrete Pipe
450mm Concrete Pipe
400mm C.S.P. Pipe
1500mm C.S.P. Pipe
1 . s.
cu. m
1.m.
1 .rn.
1.m.
1.m.
1.m.
1.m.
1 .m.
1 .rn.
-\
, . .. If~
.
. Schedu1 e "J" - 2 -
A) PHASE I - VALLEYCREST DRIVE (Continued)
PART 1 - UNDERGROUND SERVICES & GRADING
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
11. Concrete Endwa11 each 1.00 $2,500.00 $ 2,500.00
12. 1200mm Precast Manhole v.m. 21 .00 600.00 12,600.00
13. 2400mm Precast Manhole v.m. 10.00 1,000.00 10,000.00
14. Single Catchbasin each 6.00 800.00 4,800.00
15. Double Catchbasin each 2.00 1,400.00 2,800.00
16. Catchbasin Connection 1 .m. 28.00 70.00 1 ,960.00
17. Inlet Catchbasin each 1.00 1,500.00 1,500.00
150mm Storm Service each 30.00 500.00 15,000.00
Sub Total $135,875.00
15% Engineering & Contingencies $ 20,381.25
TOTAL $1 56,256.25
PHASE I - VALLEYCREST DRIVE
PART 2 - ROAD BASE WORKS
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1. Granular B cu. m 1138.00 $ 12.00 $ 13,656.00
2. Granular A cu. m 545.00 14.00 7,630.00
3. HL6 Base Ashpa1t cu. m 108.00 100.00 10,800.00
4. 100mm Pipe Underdrain 1.m. 799.00 7.00 5,593.00
5. Street Lights each 5.00 1 ,400.00 7,000.00
6. Sodded Wa 1 kway 1.m. 36.00 50.00 1,800.00
Sub Total $ 46,479.00
15% Engineering & Contingencies $ 6,971.85
TOTAL $ 53,450.85
PHASE I - VALLEY CREST DRIVE
PART 3 - ABOVE GROUND WORKS
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1. HL3 Surface Asphalt cu. m 135.00 $ 1 00.00 $ 13,500.00
2. Concrete Curb & Gutter 1.m. 799.00 30.00 23,970.00
3. Concrete Sidewalk 1.m. 380.00 35.00 13,300.00
4. Topsoi 1 & Sod sq. m 3485.00 2.65 9,235.25
Sub Total $ 60,005.25
15% Engi neeri ng & Contingencies $ 9,000.79
TOTAL $ 69,006.04
B) PHASE 2 - BELLVIEW COURT
PART 1 - UNDERGROUND SERVICES & GRADING
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOT AL
1 . C1 earl ng 51 te 1 . s. 1.00 $1 ,500.00 $ 1 ,500.00
2. Rough Grading and Excavation cu. m 5500.00 3.00 16,500.00
3. 300mm Concrete Pipe l.m. 62.00 80.00 4,960.00
4. 375mm Concrete Pipe 1.m. 79.00 90.00 7,110.00
5. 1200mm Precast Manhole v.m. 6.00 600.00 3,600.00
------------
, . 1-3
. .
..
, SChedule "J" - 3 -
B) PHASE 2- BELLVIEW COURT (Continued)
PART 1 - UNDERGROUND SERVICES & GRADING
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
6. Single Catchbasin each 4.00 $ 800.00 $ 3,200.00
7. Catchbasin Connection 1.m. 1 5 . 00 70.00 1 ,050.00
8. l50mm Storm Service each 19.00 500.00 $ 9,500.00
Sub Total $ 47,420.00
15% Engineering & Contingencies $ 7 , 11 3. 00
TOTAL $ 54,533.00
PHASE 2 - BELLVIEW COURT
PART 2 - ROAD BASE WORKS
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
-
1 . Granular B cu. m 595.00 $ 1 2. 00 $ 7,140.00
2. Granu1 ar A cu. m 298.00 14.00 4,172.00
3. Hl6 Base Asphalt cu. m 59.00 100.00 5,900.00
4. 100mm Pipe Underdrain 1.m. 319.00 7.00 2,233.00
5. Street L1 ghts each 2.00 1 ,400.00 2,800.00
Sub Total $ 22,245.00
15% Engineering & Contingencies $ 3,336.75
TOTAL $ 25,581.75
PHASE 2 - BELLVIEW COURT
PART 3 - ABOVE GROUND WORKS
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 . HL3 Surface Asphalt cu. m 79.00 $ 100.00 $ 7,900.00
2. Concrete Curb & Gutter l.m. 319.00 30.00 9,570.00
3. ~9R~ret8 ~i~8wi1k 1.",. 129. gg JIi.QQ ~,299.99
4. Topsoil and Sod sq. m. 1,090.00 2.65 $ 2,888.50
Sub Total $ 24,SS8.SQ20,358.50
15% Engi neeri ng & Contingencies $ 3,683.78 3,053.77
TOTAL $ 28,242.2823,412.27
C) PHASE 3 - TOOLEY'S ROAD
- To be determined, pursuant to the preparation of a Works Cost Estimate
(Schedule 'J ') in consideration of the terms and provisions of said
Agreement and draft approval as issued (Schedule '5').
The Performance Guarantee has been based on Preliminary Estimates only,
and, when the final Engineering Drawings have been approved by the Oirec.tor of
Public Works, a revised Cost Estimate of the Works, 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.
, "
.
. Sc hed u 1 e "J"
'-H
- 4 -
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
In the presence of: )
r
)
~
)
c;J6yoll
)
J)~"c)~
CLERK
.~ ~ ~ L. t'-
BETTY JO KING ) ~
. )1r~
594829 ONTAm - (jil'ED -f~
.
,
't5
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which
approved by By-l aw No. ~"-/Zl of the Corporat ion
enacted and passed thi s 1 ~ day of I'e T~~
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
has been authori zed and
of the Town of Newcastle,
1984.
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 any
other property of the Town or to the property of any other person either
directly or indirectly by reason of the Owner undertaking the development
of the said Lands together with any or all of the Works 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
(c) $1,000,000.00 for anyone occurance of property damage.
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
l1mitat ions for:
(a) any shoring, underpinning, raising or demolition of any building or
structure; or
(b) any pile driving or caisson work; or .
. '.
.'
. .
Schedule "K"
ttto
- 2 -
(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, SEALED AND DELIVERED
In t he presence of:
9r>~"
~THE CORPOR ION OF THE TOWN OF NEWCASTLE
)
I i C~d~lERK. ~
)
) ~ OZP-~ ~ -( ~...~
) BETTY JO KING ~ ~
)
)
) D - p~oU.A..-\: ,-
)
.
4
Lt7
THIS SCHEDULE IS SCHEDULE "l" to the Agreement which has been authori zed and
approved by By.law No. 8Cf-/<!..(of the Corporation of the Town of Newcastle,
enacted and passed this 'j~ day of Oc.~~ 1984.
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 soil from the said lands except for
construction purposes and such top soil must remain within the limits 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 di sposed 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 disposal of garbage and debris. The Owner agrees to deliver a
copy of this clause to each and every builder obtaining a building permit for
any part of the said Lands.
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 untrave"ed
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.
.
.
. .
Schedule "L"
8. WEED AND RAT CONTROL
Ltg
- 2 -
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 seal s by the hands of their proper officers duly
authorized in that behalf.
SIGNEDt SEALED AND DELIVERED) THE
In t he presence of: )
)
r
~
)
)
)
C1}3~I'l
)
)
CORPO TION OF THE TOWN OF NEWCASTLE
.t y .
L ~LU) ~
CLERK
~'~~ ~ <~~
BETTY JO KIN ~ ~
ITED ~ f'l"e/.)Iole-:k
.
.
iq
THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authori zed and
approved by By-law No. g'l-IZ/ of the Corporation of the Town of Newcastle,
enacted and passed thi S fA:.. day of ~C-70a4'!'<:. 1984.
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 lots and blocks
In accordance with Restricted
Area (Zoning) By-law 84-63 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.
SIGNEO, SEALEO AND DELIVEREO )
In the presence of: )
)
)
)
~
)
~~Jj
)
~
Y
dL~-CC::Q.).~~
CLERK
~ ~~ ~.J(~~
BETTY JO KI N. .~ ..~
59482~fr4;'~En -/h,.'tk.-k.
, .
'50
THIS SCHEnULE IS SCHEDULE IINII to' the Agreement which has been authori zed and
approved by By-1 aw No. gr{-/2.( of the Corporat ion of the Town of Newcast 1 e,
enacted and passed thi s 7~ day of 4>cr.()~ 1984.
BUILDING RESTRICTIONS
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
All Lots and Blocks
Lots 32, 33, 34, 35
36, 37, 38, 39, 59,
60 and 61 on Plan of
Subdivision 18T-83006
( Sc hed u 1 e I B I )
In accordance with Restricted Area (Zoning)
By-law 84-63, as amended.
- payment of Development Charges (Schedule '01)
- provision of any grants of easements
( Sc hed u 1 e I E I )
- the dedication of lands (Schedule "F')
- payment of cash contributions for the upgrading
'of Nash Road and Given Road adjacent to said
'lands (Schedule IJI)
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 DELIVEREO )
In the presence of: l
)
)
)
)
)
QP'J<-) l
)
)
~~.~
' K
BET1v mJmJ ~ z=- "~
594~~~WfMITED - Pro."J.,..;k
. -'-)
,i
, .
51
.
THIS SCHEOULE IS. SCHEDULE "0" to the Agreement which has been authori zed and
approved by By-law No. BY-t'z,/ of the Corporation of the Town of Newcastle,
enacted and passed this 9k day of OL7C:>~ 1984.
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
Not App1 icab1e
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 DELIVEREO )
In t he presence of: )
~
)
)
~
CttJ~Sj
)
)
)
6~<- ~~~
BETTY KIll ~
#rK'~
594829 ONTA I !TED_~
-'
< . l
,
.
5~
.
THIS SCHEDULE IS SCHEDULE lip" to the Agreement which has been authori zed and
approved by By-l aw No. 9'1~2-1 of the Corporat ion of the Town of Newcast 1 e,
enacted and passed thi s f~day of ~c:.re(!$~ 1984.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED
AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS: - AS PER SCHEDULE 'J'
2. STORM DRAINAGE:
In accordance wi th Paragraph 5.27 of the Agreement and Schedu1 e "G" (1) of the
Subdivision Agreement, hereto attached, the Town agrees to make every effort to
reimburse the Owner for all excess capacity requi red for External Drainage areas
through the said lands at such time as additional development takes place which
shall utilize such excess capacity. All calculations will be completed by the
Owner's Engineer and approved by the Director of Public Works, and the costs of
such oversized service shall be determined upon final approval of the
Engineering Drawings by the Director.
The Estimated Cost of this oversizing is . . . NOT APPLICABLE
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.
GJ6~)
) THE CORPOR ION OF THE TOWN OF NEWCASTLE
)
)
)
~
)
~
)
~
)
)
SIGNED, SEALED AND DELIVEREO
In the presence of:
I {2p-~UJ~~.
/ . CLERK
~ La__ ~ Z--~
BETTY JO KING ~
5949{~MITEO -P~d..J:.
..
f.
1
v"
" t. ,
.
53
r
.
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authori zed and
approved by By-law No. 6f'-/Z/ of the Corporation of the Town of Newcastle,
enacted and passed thi s ?~ day of t:>c.r~<.. 1984.
CONSERVATION AUTHORITY'S WORKS
1. The Owner agrees to carry-out or cause to be carried-out, to the
satisfaction of the Central Lake Ontario Conservation Authority the following:
Prior to commencement of site preparation, the Owner shall submit to the
Central Lake Ontario Conservation Authority for its approval, deta 11 s of
implementing sediment control for all phases of development activity.
Prior to final approval of the plan, the Owner shall submit engineering
evidence, as may be requi red to sati sfy the Central Lake Ontario
Conservation Authority, that the rate of post development run-off into the
receiving water course shall not exceed the rate of pre-development run-off
for storms of 5-year frequency and greater, in accordance with the
recommendations of the Courtfce Storm Water Management Study.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the presence of: )
)
)
)
~
)
~.l
)
)
)
n. Y
t-{<GCC~~' ~~.
CLERK
BETYft JriiLNG ~ . -G-. ~
594~"~ ~TED ~fr"...~
.i
... ~
"
.
'. ~
.
54-
THIS SCHEDULE IS SCHEDULE uRII to the Agreement which has been authori zed and
approved by By-law No. ~~-/'l..1' of the Corporation of the Town of
Newcastle, enacted and passed this c~ day of ~ 1984
/ L../C -r-~<
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
$100,000.00 to $500,000.00
Actual or 3.5% of the estimated
cost of services - whichever is
greater
$500,000.OD to $1,000,000.00
Actual 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 UJ"
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, SEALED AND DELIVERED l;HON~ THE TOWNy OF""NEWCASTLE
In the presence of: ~~/~
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THIS SCHEDULE IS SCHEDULE liS" to the Agreement which has been authorized and
approved by By-law No. BtF-1'21' of the Corporation of the Town of Newcastle,
enacted and passed thi s ? day of C)G.9<sC!fI1<. 1984.
REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
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
authori zed in that behal f. .
SIGNED, SEALED AND DELIVERED
In the presence of:
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Attachment to letter dated March 30, 1984
From: Dr. M. Michilel. Commissioner of Plannin9
To: Dr. A. E. King
Re: Plan of Subdivision 18T-83006
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS SUBDIVISION ARE
AS FOLLOWS:
NO. CONDITION
1. That this approval applies to draft plan of subdivision
18T-83006, prepared by Donevan & Fleischmann, O.L.S.,
identified as job number 1-4729, revised and dated February 7,
1984 showing 61 single family lots and one walkway block.
.2. That the road allowances included in this draft plan shall be
dedicated as public highway.
3. That the road allowances included in this draft plan shall be
naned to the satisfaction of the Region of Durham and the Town
of Newcastle.
4. That Block 63 shall be dedicated as public highway for the
purpose of widening Given Road.
5. That 0.3 metre reserves as shown as Blocks 64 & 65 shall be
conveyed to the Town of Newcastle.
6. That the owner agrees to enter into an agreement with the Town
of Newcastle for the upgrading of Nash Road and Given Road
adjacent to the subdivision.
7. That Block 62 shall be dedicated to the Town of Newcastle as
public walkway.
8. That the owner shall convey land to the Town of Newcastle for
park or other public recreational purposes. Alternatively,
the l11micipality may accept cash-in-lieu of such conveyance.
9. That such easements as may be required for utilities, drainage
and servicing purposes shall be granted to the appropriate
authority.
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18T-830U6
2.
NO.
CONIJ I r 1 UN
10. That the uses shown on the aJJproved drilft plan shall be zoned
in an appropriate zoning by-law passed by the Council of the
Town of Newcastle in effect in accordance with secti~n 34(19)
or- section 34(31) of the Planning Act.
11. Prior to commencement of site preparation, the owner shall
submit to the Central Lake Ontario Conservation Authority for
its approval, details of implementing sediment control for all
phases of development activity.
12. Prior to final approval of the plan, the owner shall submit
engineering evidence, as may be required to satisfy the
Central Lake Ontario Conservation Authority, that the rate of
post development run-off into the receiving water course shall
not exceed the rate of pre-development run-off for storms of
5-year frequency and greater, in accordance with the
recommendations of the Courtice Storm Water Management Study.
13. That prior to final approval, the Region of lJurham shall ~e
satisfied that adequate water pollution cpntrol plant and
water supply plant capacity are available to service the
subdivision.
14. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the Town
of Newcastle. This shall include among other matters,
execution of a subdivision agreement between the owner and the
Town of Newcastle, concerning the provision and installation
of roads, services and drainage.
15. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include, among ot~er matters,
execution.of a subdivision agreement between the owner and the
Region of Durham concerning the provision and installation of
sanitary sewer, water supply, and other regional services and
the payment of development charge levies.
16. That the subdivision agreement between the owner and the Town
of Newcastle shall contain, among other matters, the following
provisions:
The owner agrees to carry-out, or cause to be carried-out,
to the satisfaction of the Central Lake Ontario
Conservation Authority, the recommendations referred to in
the report as required in conditions 11 & 12.
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CONDITION
17. That prior to final. the Commissioner of Planning for the Region of Durham.
shall be advised in writing by:
a) Town of Newcastle. how conditions 3. 4. 5, 6, 7, 8, 9 10 &
14 have been satisfied;
b) Central Lake Ontario Conservation Authority, how conditions
11. 12 & 16 has been satisfied;
NOTES TO DRAFT APPROVAL
1. All .plans of subdivision must be registered in the land titles system within
the Durham Reginn.
2. It is suggested that the municipality register the subdivision agreement
against the land as provided for in the Planning Act.
3. Where agencies requirements are contained in the subdivision agreement, a
copy of the agreement shall be sent to these agencies in order to facilitate
their clearance for final approval. The applicable agency is:
Mr. William Fry, Central Lake Ontario Conservation Authority,
1650 Dundas Street East, Whitby. Ontario. LIN 2K8. 579-0411
4. When the draft M-Plan is completed, copies should be forwarded to the Town of
Newcastle Planning Department and the Region of Durham Planning Department to
expedite the subdivision agreement process. .
5. If final approval is not given to this plan within three years of the draft
approval date, and no extension has "been given, draft approval will lapse
under section 36(13) of the Planning Act, RSO 1980. Extension may be granted
provided valid reason is given and is submitted to the Regional Planning
Department well in advance of the lapsing date.
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