HomeMy WebLinkAbout84-13
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84- 13
being a By-law to authorize the entering into of a Subdivision
Agreement with the Corporation of the Town of Newcastle and 542985
Ontario Limited.
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, a Subdivision Agreement between 542985 Ontario
Limited and the said Corporation dated the day of
1984, in the form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto fonns part of thi s
by-law.
BY-LAW read a second time this 23rd
day of January
1984
1984
BY-LAW read a first time this 23rd
day of January
BY-LAW read a third time and finally passed this
23rd
day of
January 1984
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The Land Titles Act
APPLICATION TO REGISTER NOTICE OF
AN UNREGISTERED ESTATE, RIGHT,
INTEREST OR EQUITY
(Section 74 of the Act)
TO:
THE LAND REGISTRAR mt!.
FOR THE LAND TITLES DIVISION OF DURHAM (NO. ill "(I
THE CORPORATION OF THE TOWN OF NEWCASTLE has an unregistered estate,
right, interest or equity in:
1.
The land registered in the name of 542985 Ontario Limited as
Parcel Plan-l in the Register for Section lOM-755.
And hereby applies under section 74 of The Land Titles Act for the
~ entry of a Notice of Agreement in the register for the said Parcel.
DATED this 27th day of February, 1984.
THE CORPORATION OF THE TOWN OF NEWCASTLE
by its solicitors
KITCHEN & KITCHEN
PER:
@~
RONALD J. KITCHEN
~ The address of the applicant for service is:
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
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The Land Titles Act
AFFIDAVIT IN SUPPORT OF APPLICATION
FOR ENTRY OF NOTICE
(Section 74 of the Act)
I, RONALD J. KITCHEN, of the City of Oshawa, in the Regional
Municipality of Durham, make oath and say as follows:
1.
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.
2.
The particulars of the applicant's interest in the land are
as follows:
A subdivision agreement dated the 24th day of January, 1984,
between The Corporation of the Town of Newcastle and 542985
Ontario Limited.
SWORN before me at the City of )
)
Oshawa, in the Regional )
)
Municipality of Durham, this 27th )
)
1984. )
RO~
A
, etc.
CLAUDETTE ANDREE BUZMINSKI, a
Commissioner for tdking Affidavits,
Judicial District of Durham, for Kitchen l
Kitchen, Barristers & Solicitors.
Expires December 31st, 1984.
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THIS
JQf\v..a"7
BET WEE N:
AGREEMENT made in quintuplicate this ;2 'ft-.... day of
, 19 at<
THE CORPORATION OF THE TOWN OF NEWCAST~E,
hereinafter called the "'I'own 11 of the FIRST PART;
- and -
542985 ONTARIO LIMITED, a corporation incorporated und~r
the laws of the Province of Ontario,
hereinafter called the "Ownerll of the SECOND PART.
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in
Schedule "A" hereto, are hereinafter called the "Lands" and constitute
22.362 hectares;
AND WHEREAS the Owner warrants that it is the registered owner of the
said Lands and that there are no mortgagees of the said Lands;
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 Regional 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 Region to satisfy the requirements of the
Regional Municipality of Durham, financial and otherwise;
AND WHEREAS the Owner warrants that it has or will enter into an
agreement with the appropriate Public Utilities Commission or other
authority or company having jurisdiction in the area of the said Lands
for the design and installation of the utilities referred to in
Schedule "A" and hereinafter called "Utilitiesll;
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:
1.
DEFINITIONS
In this Agreement:
-~.l
"Council" shall mean the Council of the Corporation of the Town
of Newcastle.
1.2
"Director" shall mean the Director of Public Works of the Town of
Newcastle or his designated representative as may be appointed by
Council to act in his place.
1.3
"Treasurer" shall mean the Treasurer of the Corporation of the
Town of Newcastle.
1.4
"Director of Community Services" shall mean the Director 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
"Solicitor" shall mean the Solicitor of the Corporation of the
Town of Newcastle.
.
tHE CORPORATION OF THE TOWN OF NE
~'
40 Temperance Street, BOWMANVILLE, ONTARIO LtC 3A6
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USE LOWER PORTION FOR REPLY
REPLY FROM
DATE
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Kitchen & Kitchen
Barristers and Solicitors
PO Box 428
86 Simcoe St South
OShawa, Ontario
LlH1L5 .
RoiKlIO,J.l'lll;;htiO
Gary G Kitchen
Telephone (416) 579.5302
Our File
March 26, 1984
J~m;ffWlEIID
MAR 27 1984
The Corporation of the Town of
Newcastle
Planning and Development Department
Hampton, Ontario
LOB IJO
Towr~ OF NE\1tCASTLi
PLANNING DEPARTMENT
Attention: Mr. Terry Edwards
Dear Sir:
RE: 542985 Ontario Limited
PTan of SubdiVision 10M-75S, Town of Newcastle
I would like to confirm that on Friday, the
23rd day of March, 1984, I attended at the Registry Office in Bowmanville
and registered the transfer of blocks and grants of easements which were
necessary to comply with the outstanding subdivision agreement. I am
now enclosing for your records the duplicate registered copies of
Instrument Nos. 1541 and 1542. I trust this meets with your approval.
We have also completed the sale of Lots 4 and
10. In accordance with the requirements of paragraph 4 of the
subdivision agreement, I now enclose a covenant and licence in the form
we discussed. If you have any difficulty with the form of wording I
have used, please contact me so that I may correct it on subsequent
transactions.
Yours very truly,
KITCHEN & KITCHEN
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RJK:cb
Encls.
R. J. KITCHEN
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COVE:NANT AND LICr:~!Cl-:
'I'O: THE COHPORA'l'J ON OF TilE 'I'OHN OF NEvJCl\S'J'L!':
AND TO: 542985 ONTARIO LIMITED
RE: Subdivision Agreement between The Corporation of the Town of
Newcastle and 542985 Ontario Limited dated January 24, 1984, and
registered in the Registry Office for the Registry Division of
Newcastle (No. 10) on March 6, 1984, as Instrument Number 1527.
AND RE: Lot 4, Plan 10M-755, Town of Newcastle
As required by the provisions o~ Paragraph 4.7(2) of the
above-noted subdivision agreement, the underEiqned hereby covenant(s)
and agree (5), at any time prior to the is,;llilnCe of a building permit
for the above-noted lot, to grant to The Corporation of the Town of
Newcastle, upon its written request, any necessary grants of easement
for utility or drainage purposes.
As required by the provisions of Paragraph 4.7(3) of the
above-noted subdivision agreement, the undersigned hereby grant(s) to
The Corporation of the Town of Newcastle (l Ucence to permi.t the Town,
by its agents and employees, to enter upon sllch lands to perform its
obligations under such agreement.
1\~
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DATED the :2 .2. day of Harch, 1984.
SIGNED, SEALED AND DELIVERED
in the presence of
)
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ftr~d~
RO ... GORDON
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COVENANT AND LICENCE
TO: THE CORPORAT ION OF THE TOWN OF NE\\TCASTLE
AND TO:
542985 ONTARIO LIMITED
RE: Subdivision Agreement between The Corporation of the Town of
Newcastle and 542985 Ontario Limited dated January 24, 1984, and
registered in the Registry Office for the Registry Division of
Newcastle (No. 10) on March 6, 1984, as Instrument Number 1527.
AND RE: Lot 10, Plan lOM-755, Town of Newcastle
As required by the provisions of Paragraph 4.7(2) of the
above-noted subdivision agreement, the undersigned hereby covenant(s)
and agree(s), at any time prior to the issuance of a building permit
for the above-noted lot, to grant to The Corporation of the Town of
Newcastle, upon its written request, any necessary grants of easement
for utility or drainage purposes.
.
As required by the provisions of Paragraph 4.7(3) of the
above-noted subdivision agreement, the undersigned hereby grant(s) to
The Corporation of the Town of Newcastle a licence to permit the Town,
by its agents and employees, to enter upon such lands to perform its
obligations under such ag~ent.
DATED the 1Y1) day of March, 1984.
SIGNED, SEALED AND DELIVERED
in the prese ce of
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KAREN LOUISE McCA Y
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DYE . DURHAM CO. LIMITED
FORM NO. 17:11.1711
~
fjanb U!itlts Ad
TRANSFER OF LAND
xx~
542985 ONTARIO LIMITED, a corporation incorporated
under the laws of the Province of Ontario,
the registered owner
of the freehold
land registered in the Land Registry
Office for the Land Titles Division of Newcas tIe (No. 10)
as Parcel Plan-l
in the Register for Section 10M- 75 S-
in consideration oftX~ other good and val uable consideration and the
sum of TWO----------------($2.00)-------------------~LLARS.
paid to
it
TRANSFER to
THE CORPORATION OF THE TOWN OF NEWCASTLE,
>>Xtb&x
}Of
xiJube
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an easement for drainage purposes over, along and upon those parts
of Lots 20 and 21 and Block 23 according to Plan IOM-7I1$S now
designated as Parts 1, 2 and 3 on Plan 10R-179J , and those parts
of Lots 6, 7, 8 and 9 and Block 23 according to Plan IOM-7~
now desiqnated as Parts 1, 2, 3, 4, 5 and 6 on Plan 10R- )792
all in the Town of Newcastle, in the Regional Municipality of
Durham.
bel':', pII. ..,. 0.(:' "t* ~ ./fJt iil P'fn ill .
TH
DATED this ~4 day of fEe.I~.q~'( , 1984.
542985 ONTARIO LIMITED
PER: B{J.o~-
;pt
../ Secretary
PER:
DYE 8: DURHAM CO. LIMitED
Form 1 - land Transfer Tax Act FORM NO. 500
,.. It (Amended Oct. J. 19RJ)
AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION
IN 1HE MATrER OF THE CONVptNCE OF (insertbriefdescriptionofland) .. ptlr.I.(... t1F. .Ier1:4.. .~.t? #.~l. ."I!tK..b/o.clt:: .;(3.)- .~1tV
. ~.rlJ.. .t~.tJ.3. .on.... .IIf'. .jQ~. ~.'.".0)1. .,.q",tI. p..,..tJ... ...F.. .IofJ.. "1.7) .B.,..' .r;,.~t/.bI6Ck Z3J~' ~.
. .I':t.#.~... p-rJ.J.. .1,:l)3~.ft J.;;.~...ol\.. .PII" ./CU2.,-:-J. 7'2...,. 411.4CCOfdu", .+-... flfll.\.. .I~M.~. .'.t:'c:~...
BY (print names of all transferors in full) ....... S:'f'>'."r,. .9.ft/:ar.,l}. .tl/'A'fe.d,.............................................
Refar to all Instructions
orf Reverse Side
~~.(~~ i~~;r~~t;~; ; ~~~ ;~~t'n~~~s'~f ~;, ~;a~:;e~~s'i~ ~~/;)'. '. '. '. T4.~ '. ib;p~~'. '. '~'F. '. 'tAe.'. ti;.;';'.~. '. '.~ 'r. '. #~'~~~ifI~'. '. '. '. '.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -r . 'M+i.i..' . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I, (see instruction 2 and print name(s) in full) . . . . . .R'-".'" . . . . !. . . .1. . . . . .~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .
MAKE OATH AND SAY THAT:
1. I am (place a clear mark within the square opposite that one ofthe following paragraphs that describes the capacity ofthe deponent(s)): (see instruction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance; :
~) The ~thoriZedagent or solicitor acting in this transaction for (insert name(s) of principal(s)) . TJ, e. .~pt1.I':P'Ir~~ . ,.-f-. . ~~~. . ~"!I.'"
. /I. . . . . ./I!.t!!~C'" 1.1... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
. . . . . . . . . . . . . . . . . . . . . . . . . . .. described in paragraph(s) jA, ~, (c) above; (strike out references to inapplicable paragraphs)
o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insert name(s) of corporation(s)) . , , . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . , . described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
o (f) A transferee described in paragraph ( ) (insert only one of paragraph (a), (b) or(c) above, as applicable) and am making this affidavit on my own
behalf and on behalf of (insert name of spouse) . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
who is my spouse described in paragraph ( ). (insert only one of paragraph (a), (b) or(c) above. as applicable)
and as such,l have personal knowledge of the facts herein deposed to.
2. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(f)
and (g) of the Act. (see instruction 3).
3. The following persons to whom or in trust for whom the land conveyed in the above-described conveyance is being conveyed are non-resident
persons within the meaning of the Act. (see instruction 4) . . . . .I)Q ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.4.
THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $. . . . . ~: ~~ . . . .
(b) Mortgages (i) Assumed (show principal and interest to be credited against purchase price). $. . . . . . ~.i.1. . . . . .
(ii) Given back to vendor. . . . . . . . . . . . . . . . . . , . . . , . . , . . . . . . . . . . . . . $. . . . . . "il . . . . . .
(c) Property transferred in exchange (detail below) .............................. $. . . . . . II,: I . . . . . .
(d) Securities transferred to the value of (detail below) . . . . . . . . . . . . . . . . . . . . . . , . . . . . $. . . . . . Ai.! . . . . . .
(e) Liens, legacies, annuities and maintenance charges to which transfer is subject. . . $. . . . . . fl,'. ( . . . . . .
(f) Other valuable consideration subject to land transfer tax (detail below) . . . . . . . . . , . . $ IIi I
".
ALL BLANKS
MUST BE
FILLED IN.
INSERT "NIL"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (TOTAL OF (a) to (f)).............................. $.... ;t~~~..... $.. ..~.'~~......
(h) VALUE OF ALL CHATTELS - items of tangible personal property I
(Retail Sa/~Tax is payable on the value of all chattels unless exempt under n I
the proviSions of the "Retail Sales Tax Act': R-S-O, 1980. cA54. as amended) . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . . . . . . $. . . . . . , ... . . . . . . .
(i) Other cclrsideration for transaction not included in (g) or (h) above .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ It i I
(j) TOTAL!bNSIDERATION .................................................................. $ ~.oO
.5. If considerttion is nominal, describe rel~shiP between transferor and transferee and state purpose of conveyance. (see instruction 5) . . . . . . . . . .
.lJC>. :~.~,;tp'r . ..".i't1,.. :kI.f:~ . . . . . . . ~llIt;I(~. . .~~ p,( ~ VI ~".I\.. . q.,., fl.~~',.., 1. . .be-fw<<t! ~ . . of"" N. f<< 1."1'- r. .
6. If the consideration is nominal, is the land subject to any encumbrance? ../!') 0.,. . . . . . . . . . , . ,_ . . . . Ifl!\d. . . . f/'."A N f'.~_. . . . . . . .
7. Other remarks and explanations, if necessary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . :'. . . . . . . . . .
WHERE
APPLICABLE.
SWORN before me at the
in the (? t- 61 () >J
this 'J- ~/? I.:?
I 1@~o
. . . . . . . . " '" . . . . . . ~;gn'a;~r~(sj . . . . . . . . . . . . . . . . .
PROPERTY INFORMATION RECORD
A. Describe nature of instrument:..... f,rt/.ltf:.. ..f!'.... f;.RSeJ?\tln.t......... ..... C' ......................................
B. (i) Address of property being conveyed (if available). .. . . . n ".+. .. .1;f.1I~ i I. .. . . .. .. . . . . .. .. f?11t. . ..r ~ ~,,~ J. . .!?I(! ) . . . . . . . .. . .
.. ................. ........................ '1.' 'Q'~. ;1..................................................................
(II) Assessment Roll No. (If avaIlable) , . . . . . . . . . .I)O.T. . . . . . .t. . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property beir.g conveyed (see instruction 6). . . . . . . . . . . . . . . . . .
.... Tt:1.w.".... ."... f.!.~.~.d./~..,. .'fP... rtll'J1:lper.q./'X~.. .N.o).. 13.0,. nt .If'.v.i II.t. .,...................
...........................................................................f........,............
D. (i) Registration number for last conveyance of property being conveyed (if available) ..... ."-~. . . . . f!.~"!Ii. . . . . . . . . . . . . . : : : : : : : : : : : : : : : : : : :
(ii) Legal description of property conveyed: Same as in D.(i) above. Yes 0 No Jr] Not Known D
E. Name(s) and addrese(e~ 9f each transferee's solicitor For Land Registry Office use only
. . . Krl.C,J~..e.~. . . r. .1<d:t;A~~. . . . . . . . . . . . . . . .
... .Ilf.'~(.o.~.. .$j~f'~';";""""""'"
.... .Q~~Ct.""'4 J' ... .' ..... ~ .0............ .....
REGISTRATION NO.
Land Registry Office No.
Registration Date
I'~
.
fjaub WitlEs .Art
l
1542
.....
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Dated
Feb. 2'1'-
19 84
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542985 ONTARIO LIMITED
TO
THE CORPORATION OF THE
TOWN OF NEWCASTLE
wrnnsftr of 1J.janb
DYE a DURHAM co. LIMITED
ASSESSMENT ROLL NO: .... ..".., ....'. ,.,.. ,..,..,...,.............,
ADOfIESS OF PROPERTY: .. , , . . . , ,
PAID
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REGISTRATION FEE / ~-. 0 0
LAND TRANSFER TAX "u / L,
RETAIL. SAL.ES TAX
KITCHEN & KITCHEN
86 Simcoe Street South
P. O. Box 428
Oshawa, Ontario LlH 7L5
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TIlANSFER OF LAND
,Wilhotlt S_I Comcnll
R...iscd MAY 1.2
DYE . DURHAM CO. UMITED
..OllM NO. 17a-ln
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TRANSFER OF LAND
XK>>B
542985 ONTARIO LIMITED, a corporation incorporated
under the laws of the Province of Ontario,
the registered owner
of the freehold
land registered in the Land Registry
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Office for the Land Titles Division of Newcastle (No. 10)
as Parcel Plan-l
in the Register for Section lOM- iS5
inconsiderationof~KdUUt other good and valuable consideration and
the sum of TWO----------------($2.00)---------------~OLLARS.
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paid to it
TRANSFER to
THE CORPORATION OF THE TOWN OF NEWCASTLE ,
4IX>>X
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the land described as follows:
In the Town of Newcastle, in the Regional Municipality of Durham,
and being composed of Blocks 24, 25, 26, 27, 28 and 29,
according to Plan 10M-7s5 registered in the Land Registry
Office for the Land Titles Division of Newcastle (No. 10),
being part of the said parcel.
..,.t1 TH day 0 f
DATED this ,,.
fl!.&24Atly
, 1984.
542985 ONTARIO LIMITED
PER: W~.
presl.dent
PER:
~
........~cretary
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DY~ .. DURHAM CO. LIMIHD
Refer to all Instructions
o".Reve~e05ide
Form 1 - Land Transfer Tax Act FORM NO, !l00
(Amrntlrtl Ocl, I, 19RIJ
~FFn:>AVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION
:::':::''=IN T~E MATTER OF THE CONVEYANCE OF (insert brief description of/and) '" No.w.,.~ 't.J'''~'~~' ~.~)~8. .I!I."P(.~."",...
. , . . . . . . , .'("~fr"^J' , , .+,~ . . . Pl4n ' , 1~f'1, ~ .1.~.C:: . . , . . , , , . . , , . , . , . . . , , , , , , , . , . . . . , . , . , . . . . , , , , . . . , . . . . . , . . . . . . . , , . . .
~~'(~~;~.~~s'~t~~;t;a~~~;~;S'i~~~/;)'.'.'.','. 's.if.~.~.;;~'.'.'.'. '.~;.;rR'Rip'.','. ~~I:r'.i,T~~'. '. '.., '.., '....,', '. '..........,., '... '... '...., '......... '........... '.............
~~'(~~i~~;;.:c;;)~; ~~~~~~t'n~~;s'~f~;' ~;a~~;e~~s'i~ ~~/;)'. '. '. '. '+iji " '. ~ ~~Iir~~', '. " '. '. ~', " ',T.iff. '. ',7P.~'. '. '.~'. '. 'ili~~~~, '. "
.: ',~;'; ~~;;~;i;';'; ~~~ '~;n~ ~~~'~~) ~~ ~~/;) " " '. '. '. iio;'<<;.I/', '. i,~, '. '. i<aii..e~'. ','. " " '. " " " " " '. " " " '. '. " '. '. '. " '. " '. " " " '. " '. '. " '. '. '. " " '. '. '. '. '. '. '. '. " " " '. '. "
...................................... 0.................................................................................................................................................................
MAKE OATH AND SAY THAT:
1. I !1m (place a clear mark within the square opposite that one of the fol/owing paragraphs that describes the capacity of the deponent(s)): (see instruction 2)
o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
o (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
o (c) A transferee named in the above-described conveyance;
~d)TheauthoriZedagentorsolicitoractinginthistransactionfor (insert name(s) ofprincipal(s)) ., .T.IJE.., .~t?~~tf!M.TJ,~.. .~~. TI:'I.~
'. ~,~" .I!f.. ~41'!rlJ!j!'.T~~.."....."....,......,.,...,.................,...."..."..,...,.....,....,.....
. . . . . , . . . , , . . . . . . , . . , , . , . . ., described in paragraph(s) /Iff, Ii'f. (c) above; (strike out references to inapplicable paragraphS)
o (e) The President. Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for (insertname(s)ofcorporation(s)) . . . . . . . . . . . . . .
................................................................................................................. .
. . . . . . . . . . , . . . , . . . . . , . . . . . . described in paragraph(s) (a), (b), (c) above; (strike oul relerences 10 inapplicable paragraphs)
o (1) A transferee described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own
behalf and on behalf of (insert name of spouse) . . . . . . . , . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
who is my spouse described in paragraph ( ). (insert only one 01 paragraph (a). (b) or(c) above, as applicable)
and as suCh, I have personal knowledge of the facts herein deposed to.
2. I have read and considered the definitions of "non-resident corporation" and "non-resident person" set out respectively in clauses 1 (1)(1)
and (g) of the Act. (see instruction 3).
~. The following persons to whom or in trust for whom the land conveyed in the above-described conveyance is being conveyed are non-resident
persons within the meaning of the Act. (see instruction 4) ....... .".ttJ"e......................,............... ......................
'-'"
e::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
, THE TOTAL CONSIDERATIDN FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash. . . . . . . . . ,~. . , . , . , , . . , . , . . . . . , , , . . . . . . . . .
(b) Mortgages (i) Assumed (show principal and inte!est to be credited against purchase price) .
(ii) Given back to vendor. . . , , , . . , . , , . , . , . . . . . . . , , . . . . . . . . . . , . . ,
(c) Property transferred in exchange (detail below) .,....,..,.....,.".......,.,.
(d) Securities transferred to the value of (detail below) . , . . . . . . . . . . . . , , . . . . . . . . , . . .
(e) liens. legacies, annuities and maintenance charges to which transfer is subject. . .
(f) Other valuable consideration subject to land transfer tax (det ailbelow)......,.....
$ . . . . . '2 ~ ~~. . . .
$ . . . . . .",1. . , , , , .
$ ..... .IJU...,...
$ ,.,.,.IJiI.......
$ ..... .lta.......
$ ,...,\t~I...,...
$ It; I
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (TOTAL OF (a) '0 (I}) , , , . . . . , . . . . . , . , , . . . , . . .. . , . . . $. . . , . ~ .'~.~. . . .
(h) VALUE OF ALL CHATTELS - items of tangible personal property
(Rfttail S.les Tax is payable on the value ot a/l challels unless exempt under
the provisions ot the "Retail Sales Tax Act': RSO, t980. c,454. as amended) . . . . . . . . , . . . . . . . . . , , . , . . , . . . . . . . . , . . . . .
(i) Other consideration for transaction not included in (g) or (h) above ..................,......,........
$ . . . , . ~ ~ ~~. . . .
$ . . . . . .IJ;I. . . . , . .
$ "i I
ALL BLANKS
MUSl BE
FILLED IN.
INSERl "NIL"
WHERE
APPLICABLE.
Ol TOTAL CONSIDERATION. , . . . . . . , . . . . , . . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7.. DD
. If consideration is nominal,describe relationship betwe;ltran sfer<;rand transferee and state purpose of conveyance. (see ins tructlon5) .........,
.. .1'Q,. CP.~P/'1" "'in.. ., .ffr.~~.. ,.f. ,~.. .:ttP.1:l~/;". ,Q~ htlJ...i.t/~~ .. '~3.t:"!t!I.el:\.f... .be-l.fI!.~~'-' .. :I:,.~refW'o
6. If the consideration is nominal, is the land subject to any encumbrance? ,,,t:!......,.,,,..,............... A,.",q. . . . +r:Q.~.r. f. 'ree
7. Other remarks and explanations, if necessary. . . . . . . . . . . , . . . . . , . , , , , . , . . . . . . . . . , , , . , , . , , . . . . . , , , . , , , . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . ,
................................... .......... ................ ...................................... ... ............. ....... ............. ......
................................... ...........;....... ... ................................................ ............. ........ .......
........................................... ....... ... ................................. ..................... .......... ........ .... ...
. . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'" . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. . . . . . . .. .. .. .. . . . .. . ~ . . . . . . . . ~ . . . . . . .
A Commissioner
wel(lII~
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SWORN before me at the
inthe ~e9"."
this 2. '1, 111
sIgnature's)
PROPERTY INFORMATION RECORD
: ::=~:::~r:r:~:~;:~~:~~~~~~~~/:~~~: ~~t:: : : :Q:VQ.~ i ~,ie: : : : : : : : (:~id ::: ~~8Qi : :ry:.]:: : ::: :: : : : : : :
.,..'0 ,......,..........................,........ OJ'......'.' ,...,...".,..,........"..,..........,.....,.....,....
Iii) Assessment Roll No. (il avaIlable) , . . . . . . . . . .1')0+ . . Rfl.q.,: . t:Jt hie, . , . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. Mailing address(es) for future Notices of Assessment under the Assessment Act for p'!:operty beir.g conveyed (sE1i instructionS'
.,. #I , ~.., . f 1 ,. . . . . . . , . . . . . . . . . .
.. .row".,....... .~~t..d.e. .,. .'f?.. T.e.~per.q~f..e..... ..'#.. Q~0-:';'" e.........................
D. Ii; - ~~~;S't;~I;~~ ~~~~~ ;~r'J~~; ~~~~~~~~~~~; ~~~~~~~ ~'e'i~~ ~~~~~~~~ '(;f ~~~';a'b;~)' : :~~ _~Q;:l ~ : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . . . . . .
hi) Legal description of property conveyed: Same as in D.(i) above. Yes 0 No 1(1 Not Known 0
E Name(sl and addressJes) of each transferee's solicitor
. .. .~.d:c;.4~., .t,. k'tk/..e"'..........,..
....~,. ..t.I.~ot:J,. .,+~r..,..............,...
. . . . . Orke, WIf. ';' .f!J.~.,:!.I'A('.~O . .. . . . . ..... . .
For Land Registry Office use only
REGISTRATION NO,
Land Registry Office No.
. . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............................................. .
Registration Date
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Dated
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542985 ONTARIO LIMITED
TO
THE CORPORATION OF THE
TOWN OF NEWCASTLE
wrnnsftr of 11.lnnb
DYE.. DURHAM CO, UMITED
ASSESSMENT ROLL NO: _ H _ H _ . H H' _ .. _ . H _ . . . _ .. _ _ _ . . _ . _ . .
ADDRESS OF PROPERTY: H., _.. _ _ _ _ _ H _ _.. H. _ _. _ H..... _ _. _. _.. _ _ H'.
PAID
LAND REGiSTRY OFFICE N!t 1(;
REGISTRATION FEE I ~, 0 ()
LAND TRANSFER TAX ;)1'--'
RETAIL SALES TAX
KITCHEN & KITCHEN
86 Simcoe Street South
P. O. Box 428
Oshawa, Ontario L1H 7L5
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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.
2 . GENERAL
2.1 Certificate 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
(1) 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 Subdivion Agreement entered into with the Region, immediately
after approval is granted or the agreement signed. The Owner shall
also furnish to the Town at the time of the execution of this
Agreement one copy of each of the agreements entered into with the
Public Utilities Commission or other authority or company having
jurisdiction in the area of the said Lands for the design and
installation of the utilities, or, if such agreement or agreements are
not in existence at the time of the execution of this Agreement, the
Owner agrees to provide the Town with a copy of each such agreement
immediately after such agreement is signed.
2.3
Dedication of Easements
(1) The Owner shall, at the time of the execution of this
Agreement, or such later date as may be agreed by the Owner and the
Town, but not later than the registration of the Plan, deliver to the
Town executed transfers of easements free and clear of all
encumbrances as set out in Schedule "E" hereto.
(2) If, subsequent to the registration of the Plan, but prior to
the issuance of a building permit in respect of a lot or block,
further easements are required for utilities or drainage, or other
purposes, in respect of any lot or block within the Lands, the Owner
agrees to transfer to the Town such further easements upon request.
The Town shall not unreasonably request such further easements, and in
no event shall a further easement be requested which would prevent the
erection of a dwelling on any such lot or block.
...
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2.4
Dedication of Lands
(1) The Owner shall, at the time of the execution of this
Agreement, o~ such later date as may be agreed by the Owner and the
Town, but not later than the registration of the Plan, deliver to the
Town executed deeds of conveyance, sufficient to vest in the Town, or
where applicable, in any other public authority or person, 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, R.S.O., 1980,
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.
2.5
Registration of Deeds and Grants of Easements
(1) The aforementioned deeds and grants of easements shall be
prepared by the Owner and registered at the Owner's expense at the
same time as the Plan is registered. In such deeds and grants of
easements the registered number of the Plan shall be left blank and
the Owner hereby authorizes the Town to insert such Plan number after
registration of the Plan.
2.6 Lands For School Purposes and Secondary Option
Not Applicable.
.
2.7
Interest in said Lands
(1) The Owner hereby charges all its interest in the said Lands
with the obligations set out in this Agreement.
2.8 Notification of Owner
(1) 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:
542985 Ontario Limited
c/o Mr. Bas Van Andel
429 Lakeshore Drive
Port Perry, Ontario LOB lNO
.
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
(1) The Owner hereby consents to the registration of this
Agreement by the Town and covenants and agrees not to register or
permit the registration of any document after registration of the Plan
of Subdivision on any land included in the said Plan unless this
subdivision Agreement, and any deeds, easements or other documents
required to be furnished thereunder, have first been registered
against the title to the land included in the Plan.
2.10
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:
(a) 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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(b) 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
(c) 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
(d) 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 descriptions in the red line
plan annexed hereto as Schedule "B". Upon the final plan of
subdivision being approved by the Region the final plan shall be
substituted for the red lined plan annexed as Schedule "B" 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 "B",
"E", "G", "N", "0", "PH, and "Q") with the final plan of subdivision.
2.11
Town to Act Promptly
(1) 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
(1) The Owner shall not assign this Agreement without prior
written consent of the Town and no such assignment shall relieve the
Owner of any of his obligations under this Agreement.
2.13
Schedules to Agreement
(1) 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:
Schedule "A"
Schedule "B"
Schedule "c"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
"Legal description of said Lands"
Plan of Subdivision for final approval"
Charges against said Lands"
Development charges"
Grants of easements to be dedicated"
Lands and/or cash to be dedicated"
Works required"
"Utilities required"
"Duties of Owner's Engineer"
"Cost Estimates"
"Insurance Policies required"
"Regulations for construction"
"Use of said Lands"
"Lands unsuitable for building"
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Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedul~ "s"
"Lands requiring site plan"
"Oversized and/or External Services"
"Conservation Authority's Works"
"Engineering and Inspection Fees"
"Minister's/Region's Conditions of Approval"
2.14
Mortgage
(1) 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
(1) 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
(1) 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.
.
3.
FINANCIAL
3.1
Payment of Taxes
(1) 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 tIC" 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
.
(1) The Owner shall, at the time of the execution of this
Agreement, pay all charges with respect to existing local improvements
assessed against the said Lands, as set out in Schedule tIC" hereto.
Such charges shall include the Town's share of any local improvements
which serve the said Lands and shall include the commuted value of
such charges including charges falling due after the date of the
execution of this Agreement.
3.3
Payment of Drainage Charges
(1) The Owner shall, at the time of the execution of this
Agreement, pay all drainage charges assessed under The Municipal
Drainage Act, 1975, and The Tile Drainage Act, R.S.O., 1980, against
the said Lands, as set out in Schedule "C" hereto, including the
commuted value of such charges falling due after the execution of this
Agreement.
3.4
Payment of Development Charges
(1) The Owner shall pay all development levies in the amounts
and at the times set out in Schedule "D" 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
(1) 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
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purposes, other than highways, the amount of such cash payment shall
be as set out in Schedule "P" hereto. The Owner further agrees to pay
to the Town on any such cash payment as set out in Schedule "F"
hereto, at the time of the execution of this Agreement.
3.6
Performance Guarantee Required
(1) The OWner shall, prior to the issuance of any Authorization
to Commence Work, lodge with the Town by cash or by means of an
irrevocable letter of credit issued by a chartered Canadian bank,
guaranteeing the performance by the Owner of the provisions of this
Agreement. Such cash or irrevocable letter of credit shall be in an
amount equal to the Works Cost Estimate with respect to the Plan or
stage of the Plan covered by the Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be
approved by the Treasurer and the Solicitor of the Town.
(3) The cash or irrevocable letter as provided in subparagraph
(1) hereof are hereinafter collectively referred to as a "Performance
Guarantee".
3.7
Use of Permforance Guarantee
.
(1) The Owner agrees that the Town may at any time, by
resolution of Town Council, authorize the use of all or part of any
Performance Guarantee if the Owner fails to pay any costs payable by
the OWner to the Town under this Agreement by due date of the invoice
for such costs.
3.8
Indemnification of Town and Insurance
(1) The Owner covenants and agrees to indemnify the Town against
all actions, causes of actions, suits, claims and demands whatsoever
and howsoever caused, which arise either by reason of the development
of the said Lands, or the undertaking of the design, construction,
installation and maintenance of the Works and Utilities. The OWner
agrees to indemnify the Town with respect to all such claims
notwithstanding the issuance of a certificate of Release provided for
in this Agreement. The Owner shall also provide the insurance called
for by Schedule "K" of this Agreement.
3.9 Maintenance Guarantee Period
.
(1) 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
Gurantee shall be subject to the approval of the Town Solicitor, and
the Town Treasurer, and shall guarantee the Works for two (2) years
from the date of completion.
3.10
Use of Maintenance 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.
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(4) the Town may, from time to time, reduce the amount of the
value of the Performance Guarantee to reflect the progress of the
Works required to an amount equal to the value of the uncompleted
Works, plus ten percent (10%) of the value of the completed Works on
approval by the Director of a Progress Certificate prepared by the
Owner's Engineer.
3.12
Requirements for Release of Maintenance Guarantee
(1) The OWner agrees that the Town shall not be obliged to
release to the Owner the unused portion of any Maintenance Guarantee
until:
(a) a Certificate of Acceptance has been issued for the
Works for which such Maintenance Guarantee was required; and
(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 "at the
expense of the Owner" unless the context otherwise requires.
(2) The Owner, upon the execution of this Agreement, shall
reimburse the Town for all reasonable legal, planning, engineering and
other technical advice and assistance actually incurred by the Town in
connection with the preparation for an attendance at any Ontario
Municipal Board hearing(s) in respect of the approval of any
amendment(s) to the Town's Restricted Area Zoning By-law necessary for
the implementation of the Plan.
(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 all engineering and
inspection costs in accordance with the provisions of Schedule "R"
hereto.
3.14
Unpaid Charges
(1) The due date of any sum of money payable herein, unless a
shorter time is specified, shall be thirty (30) days after the date of
the invoice. Interest at one and one-half percent (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.
4. PLANNING
4.1 Approval of Tree Preservation Plan
(1) The Owner shall, prior to the issuance of any Authorization
to Commence Works as provided herein, have provided the Town with
written verification from the Central Lake Ontario Conservation
Authority, that their requirements with respect to the preservation of
existing vegetation have been satisfied.
4.2 Use of said Lands
(1) 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.
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4.3 Lands Unsuitable for Building
(1) 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 p~rmit
for the erection of any structure on any such lot or block unt~l 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
(1) 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
rsepects with the terms of the said Site Plan Agreement.
4.5
Requirements for Building Permits
Neither the execution of this Agreement by the Municipality
nor the approval by the Town of the Plan for registration, nor the
issuance by the Town of any Certificate of Acceptance shall be deemed
to give any assurance that building permits when applied for will be
issued in respect of any of the said Lands. The Owner agrees that no
application for any building permit in respect of any of the said
Lands shall be made until;
(1) all easements for Utilities or drainage, or other purposes
across the lot or block in respect of which a building permit is
proposed to be issued have been transferred to the Town; and
(2) all the new roads within the plan of subdivision which are
required to be constructed under this Agreement to provide access to
the proposed building have been constructed to at least the completed
granular base; 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 contructed and installed to the
approval of the authorities having jurisdiction over such Utilities;
and
(5) 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
(6) the balance of all Development Levies have been paid in
respect of the lot or block in the Plan for which the building permit
is applied for; and
(7) 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
(8) 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; and
(9) the Owner has provided the Director of Planning with a mylar
copy of the registered Plan of this subdivision; and
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(10) the Performance Guarantee and/or Maintenance Guarantee
required pursuant to this Agreement has been deposited with the Town
and is in good standing.
4.6 Model Homes and Architectural Control
(1) The Owner agrees to exercise, or cause to be exercised,
architectural control over the design and construction of the proposed
twenty-two (22) single family dwellings through compliance with the
following:
(a) that the exterior construction on all homes be
predominantly masonrY1
(b) that there be a variation in the design of the homes to
be constructed; and
(c) that not more than two (2) abutting homes shall be
similar in model type.
(2) The Owner agrees that any model home shall be used for
display purposes only and shall not be occupied for any residential
purpose until such time as the provisions of paragraph 4.8 of this
Agreement have been complied with and if such model home is occupied
for residential purposes contrary to this paragraph the provisions of
paragraph 3.15 shall apply.
(3) (a) The Owner covenants and agrees with the Town that it
will exercise or cause to be exercised, architectural control
over the design and construction of dwellings within the Plan by
requiring that the exterior construction on all dwellings be
predominantly masonry, e.g. brick, stone or other earthen
products, but excluding stucco and concrete block or
predominantly 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, it will require each builder purchasing from
him to file, prior to applyir.~ for a building permit, with the
Town a Master Plan, to be approved by the Town, for the lot
purchased by the builder/purchaser showing housing types,
elevations and the distribution of models on such lots.
4.7
Requirements for Sale of Lands
until:
The Owner agrees not to sell any or all of the said Lands
(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 Owner 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:
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(a) that the lands are subject to the covenants and
obligations set forth in this Agreement, and more particularly,
Section 5.28 in respect of obligations of subsequent owners;
(b) that children from the said lands will only be picked
up by the school bus on the roads now in existence or at another
location convenient to the School Board;
(c) the Owner covenants and agrees that no tree or shrub
shall be cut down if it is over four (4) metres high and if it is
located within nine (9) metres of the easterly limit of Lots 5, 6
and 7 which is also the westerly limit of the Old Scugog Road;
(d) Notwithstanding the provisions of Section 4.7(5) (c)
such a tree or shrub may be cut down if:
(I) it is dead or is diseased and cannot be saved by
pruning or other reasonable means;
(II) its removal is necessary to permit access to and
from the premises;
(III) its removal is necessary to comply with the terms
of any agreement related to the subdivision with the Region
of Durham or the Town of Newcastle.
(6) the Owner has satisfied the requirements of the Ministry of
the Environment with respect to the preparation of Hydrologist Report
which verifies that an adequate supply of potable water is available
to service the Plan. Said Report should also address the possibility
for cross-contamination of wells from septic effluent.
(7) the Owner has satisfied the requirements of the Town of
Newcastle Fire Department for fire protection in accordance with
By-law 81-30, as amended, in a form acceptable to the Fire Chief.
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 new roads within the Plan 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 contructed 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 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) the OWner has satisfied the requirements of the Town of
Newcastle Fire Department for fire protection in accordance with
By-law 81-30, as amended, in a form acceptable to the Fire Chief.
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4.9
Special Conditions
(1) The Owner covenants and agrees to satisfy the requirements
of the Region of Durham Health Unit in respect of the installation of
a drilled well and septic system on each lot.
(2) The Owner covenants and agrees to satisfy the requirements
of the Ministry of the Environment in respect of the installation of
individual drilled wells on each lot.
(3) The Owner covenants and agrees to satisfy the requirements
of the Central Lake Ontario Conservation Authority as contained in
Schedule "Q" hereto.
(4) The Owner covenants and agrees that no tree or shrub shall
be cut down if it is over four (4) metres high and if it is located
within nine (9) metres of the easterly limit of Lots 5, 6 and 7 which
is also the westerly limit of the Old Scugog Road;
(5) Notwithstanding the provisions of Section 4.9(4) such a tree
or shrub may be cut down if:
(a) it is dead or is diseased and cannot be saved by
pruning or other reasonable means;
(b) its removal is necessary to permit access to and from
the premises;
.
(c) its removal is necessary to comply with the terms of
any agreement related to the subdivision with the Region of
Durham or the Town of Newcastle.
5.
PUBLIC WORKS
5.1
Town Works Required
(1) The Owner shall be responsible for the construction and
installation of the services and landscaping more particularly
referred to in Schedule "G" hereto (hereinafter called "the 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
4It become the responsibility of the Town.
5.2
Utilities Required
(1) The Owner shall be responsible for entering into agreements
with the appropriate Public Utilities Commission or other such
authority or company having jurisdiction in the area of the said Lands
for the design and installation of the Utilities as more particularly
referred to in Schedule "H".
5.3 Owner's Engineer
(1) The Owner shall retain a competent Professional Engineer,
registered by the Association of Professional Engineers of Ontario and
hereinafter called the "Owner's Engineer", to administer this
Agreement, whose duties are set out in Schedule "I" hereto.
5.4
Design of Works
(1) 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.
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5.5 Approval of Engineering Drawings
(1) 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
(1) The Owner shall, prior to the issuance of any Authorization
to Commence Work as provided herein, have received the written
approval of the Director of a plan, hereinafter called the "Grading
and Drainage Plan", and showing thereon the existing drainage pattern
on all adjacent lands, all proposed grading and drainage works for the
said Lands, indicating the direction of all surface drainage,
including water from adjacent lands originally flowing through, into
or over the said lands to the municipal storm sewer system or any
other outlet approved by the Director. This Grading and Drainage Plan
shall be approved and signed by the Director prior to the construction
of any services or roads on the said Lands. If no construction of the
works is commenced within two (2) years of the date of approval of the
Grading and Drainage Plan, the Grading and Drainage Plan shall be
resubmitted to the Director for 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
(1) 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.
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
(1) 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
"Schedule 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
(1) The Owner agrees that, prior to the issuance of any
Authorization to Commmence Work as hereinafter provided, the estimated
cost of construction and installation of all of the Works, hereinafter
called the "Works Cost Estimate", shall be approved by the Director
and entered in Schedule "J" 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 "J" hereto.
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5.10
Requirements for Authorization to Commence Works
The Owner shall not commence the construction or
installation of any of the Works without the written permission of the
Town, hereinafter called an "Authorization to Commence Works". The
Owner shall only commence 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 Minister; and
(2) the Plan has been registered; and
(3) the Owner has delivered copies of the Plans and Agreements
as required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges
against the said lands required by paragraph 3.4 of this Agreement;
and
(5) the Owner has conveyed to the Town any easements as required
by paragraph 2.3 of this 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 registered; 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 landscaping required as part of the Works and more particularly
referred to in Schedule "G"; and
(11) the Owner has received the written approval of the Director
of the Grading and Drainage Plan as required by paragraph 5.6 of this
Agreement; and
(12) - NOT APPLICABLE -
(13) the Owner has received the written approval of the Council
of the Town for the Staging Plan as required by paragraph 5.7 of this
Agreement; and
(14) the Owner has received the written approval of the Director
for the Schedule of Works as required by paragraph 5.8 of this
Agreement; and
(15) the Owner has received the written approval of the Director
for the Works Cost Estimate and/or Stage Cost Estimate as required by
paragraph 5.9 of this Agreement; and
(16) the Owner has deposited with the Town the Performance
Guarantee applying to that stage of the Plan for which the Owner is
seeking such Authorization to Commence Works as required by paragraph
3.6 of this Agreement; and
(17) the Owner has deposited ,~lith the Town any policies of
insurance as required by paragraph 3.8 of this Agreement; and
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(18) the Owner has paid all Town costs as required by paragraph
3.13 of this Agreement as of the date of the issuance of the
Authorization to Commence Works; and
(19) the Owner has paid all 'costs due to the Town for oversizing
as required 'by paragraph 5.27 of this Agreement.
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
.
(1) 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 Town 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 power to stop
any such work in the event that, in their opinion, work is being
performed in a manner which may result in a completed installation
that would not be satisfactory to the Town.
5.13
Provisions for Construction and Installation
(1) 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
.
(1) 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
(1) 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
(1) If, in the opinion of the Director, any minor or incidental
additional work is required to provide for the adequate operation and
functioning of the Works, the Owner shall, until the conclusion of the
maintenance guarantee period, construct or install such additional
facilities 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
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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.
5.18
Entry for Emergency Repairs
(1) 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 Land or any of the
work required by this Agreement, provided all work is to be done to
the satisfaction of the Director and/or authorities responsible for
such services. The Owner further agrees to pay the cost of moving any
of the Works installed under this Agreement, in driveways or so close
thereto as in the opinion of the Director, will interfere with the use
of the driveway.
(2) The Owner agrees to, if the well or private water supply of
any person outside the Plan is interfered with or dewatered as a
result of the construction or installation of the Works:
(a) where the interference to a well or private water
supply is short term duration (i.e. during the course of
dewatering an excavation and within one month of the completion
of dewatering) make available to the affected party, a temporary
supply of water at no cost to the affected party; or
(b) where the interference to a well or private water
supply is of a long term duration, at the option of the Owner and
at his expense, connect the affected party to the Town water
supply system or provide a new well or private water system so
that water supplied to the affected party shall be of a quality
and quantity at least equal to the quality and quantity of water
enjoyed by the affected party prior to the interference.
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5.20
Use of Works by Town
(1) The Owner agrees that any of the Works may be used by the
Town or other authorized persons, for the purposes for which the Works
are designed. Such use of any of the Works shall not be deemed an
acceptance or 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.
5.21
Maintenance of Roads After Completion
(1) Notwithstanding any other requirement in this Agreement to
maintain the Works, if any building on the said Lands is occupied, the
Owner shall maintain all of the roads, which are required to be
constructed and which provide access to such building, until a
Certificate of Acceptance has been issued for such road. The Owner
shall:
.
(a) maintain the roads at all times in a well drained, dust
and mud free condition, fit for all normal vehicular traffic, to
the approval of the Director; and
(b) during the course of installation of the Works and
Utilities provide and maintain safe and adequate access to all
occupied buildings.
(2) The Town agrees to snowplow and sand paved subdivision
roadways. Until the roadways are vested in the Town the Owner shall
pay one hundred (100%) percent of the actual cost of snowplowing and
sanding such new roadways within the plan of subdivision.
(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 Commmence 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
Commence Works, for which a Certificate of Completion is required,
have been inspected by the Director, and the Town Council has approved
the written report of the Director that such Works have been
constructed and installed in accordance with the latest version of the
Engineering Drawings approved by the Director; and
(2) The Town is satisfied that, in respect of the construction
and installation of all of the Works authorized by such Authorization
to Commence Works, there are no outstanding claims relating to such
Works.
5.23
Period of Required Maintenance of Works
(1) 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 of two (2) years.
5.24
Requirements for Certificate of Acceptance
(1) 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
"
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requirements contained herein, no Certificate of Acceptance shall be
issued until all of the Works covered by such Certificate of
Completion have been inspected by the Director and the Town Council
has approved the written report of the Director that all such Works
have been maintained to the approval of the Director for the period
set out in paragraph 5.23 of this Agreement.
5.25
Ownership of Works by Town
Upon compliance with subparagraphs (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
form suitable for registration or deposit in the applicable Registry
or Land Titles Office. In addition to any of the requirements
contained herein, the Certificate of Release for such stage shall not
be issued until:
(1) Certificates of Acceptance have been issued for all of the
Works; and
(2) a registered Ontario Land Surveyor, approved by the Town,
has provided the Town with written confirmation that at a date not
earlier than the end of the maintenance period described herein, he
has found or replaced all standard iron bars as shown on the Plan and
survey monuments at all block corners, the end of all curves, other
than corner roundings, and all points of change in direction of roads
on the Plan; and
(3) the Town Council has, by resolution, declared that the Owner
is not in default of any of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of
the land described therein of all obligations of the Owner under this
Agreement with the exception of the Owner's responsibility for
drainage as provided herein and the 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
Services") 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 (which
is also set out in Schedule "P") that is equal to the proportion of
the excess capacity of such Oversized or External Services which is
estimated to be utilized by such developer. The excess capacity of
such Oversized or External Services shall be the capacity of such
services estimated to be available after the Owner has fully developed
the lands. The portion of such Oversized or External Services
estimated to be utilized by a developer of lands outside the Plan of
Subdivision shall be calculated by the Director, whose decision shall
be final. In determining the cost of the Oversized or External
Services there shall be added annually from the first anniversary of
the issuing of the Certificate of Completion to the costs set out in
Schedule "P", a sum equal to the interest on the amount of the unpaid
balance from time to time of the cost of the Oversized or External
Services calculated from the date of the issuance of the Certificate
of Completion, at the highest prime lending rate charged during the
previous year by the Bank of Montreal at its main branch in the City
of Toronto, plus two percent (2%).
(2) In the event that payment is required to be made ~nder 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
. .
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- 18 -
the date of the issuance of the Certificate of Completion to the date
of payment. Interest shall be calculated on a per diem basis to the
date of payment.
5.28
Responsibility of Subsequent Owners
Even after the issuance of a Certificate of Release the
registered owner of each lot or block within the Plan shall have the
sole responsibility for the following:
(1) Pursuant to Schedules "0" and "Q", the registered owner
shall prepare ;and submit to the Town and the Central Lake Ontario
Conservation Authority, a site plan indicating existing and proposed
grades, site drainage and location of all buildings and structures.
(2) The registered owner shall be responsible for the
installation of a driveway entrance, including the installation of all
necessary culverts in accordance with the Town of Newcastle's
Entranceway Policy.
(3) The registered owner shall provide an individual drilled
well, and a private sanitary waste disposal system to the satisfaction
of the Durham Regional Health Unit.
(4) The registered owner shall be responsible for installing
underground secondary hydro service to the dwelling.
(5) The registered owner shall submit to the Town and the
Central Lake Ontario Conservation Authority lot grading plans and
building location plans, and shall carry out the grading of the said
lots to the satisfaction of the Town and the Central Lake Ontario
Conservation Authority, and no grading or filling shall occur on the
said lots or any other lot within the plan, without the written
permission of the Central Lake Ontario Conservation Authority.
(6) 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.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 CORPORATION OF THE TOWN OF
NEWCASTLE
MAYOR
CLERK
542985 ONTARIO LIMITED
PER: -E\J~"arA
President
~
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has
been authorized and approved by By-law No. q~-fJ of the Corporation
of the Town of Newcastle, enacted and passed the 2~-4 day of
~ ' 198f:
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, in the
County of Durham) and being composed of that part of Lot 15 in
Concession 3 of the Geographic Township of Darlington designated as
Part 1 on a Plan o-f Reference deposited in the Land Registry Office
for the Land Registry Division of Newcastle (No. 10) as Number
10R-/7.' ..
.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 CORPORATION OF THE TOWN OF
NEWCASTLE
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MAYOR r~
CLERI ~ ~,
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542985
ONTARIO LIMITED
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PER:
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SURVEYOR'S CERTIFICATE.
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THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has
been authorized and approved by By-law No. f~-13 of the Corporation
of the Town of Newcastle, enacted and passed the ~day of
, 19 8~
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PLAN OF SUBDIVISION
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 CORPORATION OF THE TOWN OF
NEWCASTLE
~~
CLER
542985 ONTARIO LIMITED
PER:~f)~~
Preside t
PER:
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PLAN
or PART
TOWNSHIP
TOWN
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OF SUBDIVISION
or LOT IS CONCESSION 3,
or DARLINGTON. no. In 1ft,
OF NEWCASTLE
MUNICIPALITY or DURHA/oI
I ' "00 ; C. r_ FLEISCHMANN, a.L.S.. 1983_
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THIS SCHEDULE IS SCHEDULE "e" to the Agreement which has
been authorized and approved by By-law No. t'f -/3 of the Corporation
of the Town of Newcastle, enacted and passed the &~ day of
, 198~
~..
CHARGES AGAINST SAID LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
Nil
Nil
Nil
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 CORPORATION OF THE TOWN OF
NEWCASTLE
(
~~--L:_ /
MAYO: ~~.
CLERK
542985 ONTARIO LIMITED
PER:
&~k~
:N-
-' ecretary
PER:
," I'.
, .
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has
been authorized and approved by By-law No. -('ff::./3 of 'the Corporation
of the Town of Newcastle, enacted and passed the '2.3--a..I day of
, 198t:
~.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the
amount of Thirteen Thousand, Two Hundred ($13,200.00) Dollars
(calculated at the rate of Six Hundred ($600.00) Dollars for each
dwelling unit) and fire protection charges in the amount of Twelve
Thousand, Two Hundred and Ten ($12,210.00) Dollars (calculated at the
rate of Five Hundred and Fifty-five ($555.00) Dollars for each
dwelling unit) which shall be paid as follows:
(1) Twenty-five (25%) percent of the aforesaid sum forthwith
upon the date of execution of this Agreement:
(2) Twenty-five (25%) percent of the aforesaid sum at the date
of the issuance of the building permit for the first dwelling unit:
(3) Twenty-five (25%) percent of the aforesaid sum on the first
anniversary of the issuance of the building permit for the first
dwelling unit, or upon the issuance of the building permit for the
thirteenth dwelling unit, whichever date is the sooner:
.
(4) the remainder of the aforesaid sum by way of cash or an
irrevocable letter of credit twenty-four (24) months following
issuance of the building permit for the first dwelling unit or upon
the issuance of the building permit for the final dwelling unit,
whichever date is the sooner.
.
For the purposes of this Schedule and the Agreement,
development charges actually paid to the Town shall be applied in the
first instance on a pro-rata basis against all lots or blocks within
the Plan upon which it is contemplated by this Agreement that
residences shall be built but, upon the issuance of the first building
permit and thereafter, the development charges shall be first applied
in full satisfaction of the development charges owing on the lots or
blocks in respect of which the building permits have been issued and
the balance of any development charges actually paid to the Town (if
any) shall be applied on a pro-rata basis against all lots or blocks
within the Plan upon which it is contemplated by this Agreement that
residences shall be built but for which no building permit has been
issued.
For the purposes of this Schedule and the Agreement, the
number of building permits issued 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.
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 acknowledges and agrees to such annual
adjustment and further agrees that such adjusted development charges
shall be applicable to all lots or blocks within the Plan for which
development charges remain.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above and the
""
l(
.
.
'..
, .
'-
Schedule "D" - 2
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
~.. ~
-MA YOR
J~.~.
CLERK
542985 ONTARIO LIMITED
PER:
&f1d
~
PER:
"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has
been authorized and approved by By-law No. <1'1-13 of the Corporation
of the Town of Newcastle, enacted and passed the ~~. day of
~ ' 198'f.
GRANTS OF EASEMENTS TO BE DEDICATED
Two easements for drainage purposes over the following
lands: Parts 1, 2 and 3 as shown on Plan lOR- and Parts 1,
2, 3, 4, 5 and 6 as shown on Plan lOR-
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
.
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~~~t
CLERK
542985 ONTARIO LIMITED
PER: ~
PER:
~re ary
, :.I
PLAN MATERIAL{
P't.A5f\C WoUERIAL -MYl6.R
(j4UGE - 0OO3/N:ti
PROCES.S - PMOTOGRAc-HC
fHK SFECIAl . r'
OF
SURVEY
PLAN
OF PART OF LOTS 20 a 21 AND PART OF BLOCK 23. PLAN 10M.
TOWNSHIP Of OARUNGTON, now In fhe
I ,1A1
'.....A
REGIONAL MUNICIPALITY Of DURHAM ~,. ,.... I '}-:,
(>J- - (J ~t::-
SCALE - r '1000 ; C,F. FLEISCHMANN. O.L.S.. 1983. __~. "}-..,..c~.-<,/
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Ot:POSIT(O uaa':)(q rHE L"N~
Ti fLoES ACT
PLAN IOR- ___
R{C[/v(O ."'0 D€POSIT[O
OATE__ _______
OATE ____ __ ___
I'IIIA"U.(
L.....O P(~\SfliU,~ fOR THE
L4~~) nfLES 0/1/1510. Cf"N!'.vCASTLE
I'" 10)
AI"'ROVED________
(XAWINER ~ SlJq~l'S
'CAUnON" THIS f't.AN IS
WITHIN THE MEANING OF
NOT A P.AN OF" SUBDIVISION
THE ~L AN~ING ACT.
METRIC' DISTANCES SHOWN eN THIS PLAN ARE IN METRES
AND CAN 8[ CONVERTED TO FEET BY DIVIDING BY 0.3048.
NOTE
8E4':L'Ni~S jO( ASTI1QHO"'!C Ar-.O '=if Fi:E"'E~;::r~ TO n~E HI804j.CO.... OF
r-H[ WEST L',,",!T OF'" SlOCt( Z3,P;"Apl,j .'0" . TClWNOFNE'WCAsrLE,
Q[:jiOk.1L J.lU'iCiP.6UT'f O$.' =J",,..L~
STANCJ.::J:O 'PO... &A.~S
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Pl,f.N, EO
SURVEYOR'S
CERTIFICATE
I C(Al!F't 1,...&T
t THIS SURVEy "'''''0 Pt....~ ARE COAPfo:r AND !N ACCORQANCE ~l!'H THE
SUP....[Y'S ACT.II\IO r...( t.lW Tfftt, -c' Am)'~ flt(OUtA'!Otf'} MAM
r....EREUNOER
Z TME SUFlv(Y VVAS CC"PlEn:o ON
OAT[
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V""."'V L,_.-u :tUfiI..C:'u..
I D(l~EV4~ 13 F"LEI$C:HMANN CO L Tn
ON TAR 10 LAND
11 ONTARIO ST, S~~IDAN iii ALL ,
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PLAN MATERiAl
Pl..I5TtC ...AfERIAL - MYLAR
GlUGE 0.005 INCH
PRiOCES9 - PHOTQ ~M'H';
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PLAN
OF PART OF
AND PART
TOWNSHIP
I
-,(:).1:---
OAR~INGrC"
OF.
LOTS
OF THE
OF
SURVEY
6 .7 ,8 t 8 9 t PART
RESERVE . BLOCK 29 ,
DARLINGTON
OF BLOCK 23,
PLAN 10M-
th.
, now In
TOWN
OF
NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE - 1'1000 i C,F, FLEISCHMANN, O.loS., 1983. -r
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I AEOU!IlE f"'S "'-AI; TO lIE
DEPOSITED lJ~OER T"E LA"O
TITLES Acr
PLAN JOR- ______
IitEC[lvEO .~o oEp.aSlTEO
DATE __________
OATE _. ____ __ ___ __ _._
'1111II.'.,.,
LA~D A~:;lsn:!A~ Fa'" r~E
lAND niLE S Oi'tI'5ICN ry NEWCASt'..E
(NO 101
APf'ROVED __________
(X4~tN~~ o~ SU~VE'S
-------
.CAUTJON" THIS PLAN IS
WITHiN THE MEANING OF
NOT A PLAN Of" SV801vIS1ON
THE PLAN/;;NG ACT
METRIC' DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN Sf CONVERTED TO fEET BY DIViDiNG BY 0-3046
NOTE
eEA::i!"'~S "QE 'STRO...aMIC '''''0 "'=I( G(f(qqr;:; r( T~( N~ ~:-.;'5' 3)- 'fIiY
AN (.1sr L~"T OF SL'X1l; 23.PLM.. I'_'U, .r,~~ CF ~4E'...r4sr'..[
tttC!:'NAL IlI'J"ICIP611TY r:F OU~~c.""
$TAN)A;:!'!) I~O~ SARS SHOW", fHV5
.""". so '-ON B.....JS, SOc""' LONG S....c..... THUS
2C"'I'N 0'" ~Oli~C' 'AON 8"'~S 6Celf'! lC"-G s....S'^~ r;..oUS
\lfO'-'lJ",€."rArIC-' FQUI>.tO
"'O....uYE""r...rIO,.. PlA'4 TED
5.8
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-----.--
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SURVEYOR.S
CERTIFICATE
I ce"nJi tHAT
t. TH'S SV.V[f AI'110 "tAH "PIE COPPfcr AND IN "'CCOq()~""CE. 'ilIi_TH THE __ __
5o'h'Ef'S ACT AND hff ~,.o flTLfS Acr AND THE PfGUlATtONS JliIII.lOE
THEAfU'iOEA
J THE 'SU""(Y WAS CO..ptfTEO 0,.
"
C r rLf.se....."" .- I
.0"".'0 ....l) ").~!'O" I I
I ~_",,-,..,," #"II ~. ~''''''''''.. ...,.. ,..,... 'T"'" I. I
,",v..c.y..n c:a ,.'-C.I.;)"''''''...... \.\,/, '-,.... I
l ~,.., f.~l:~:: :{~":,:;~}~i:~~.~~~
DATl
"
. .
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has
been authorized and approved by By-law No. r~-/~ of the Corporation
of the Town of Newcastle, enacted and passed t_he,.). J.....J day of
~,~ ' 198~ .
~----- ~ 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:
"Blocks 24 and 25 (for road widening purposes) and Blocks
26, 27, 28 and 29 (for reserves) all as shown on the
attached proposed plan of subdivision.
(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 (5%) percent of the market value of the said lands
agreed upon as five (5%) percent of Three Hundred and Thirty Thousand
($330,000.00) Dollars, being Sixteen Thousand, Five Hundred
($16,500.00) Dollars, upon the execution of this Agreement.
.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
542985 ONTARIO LIMITED
PER:
1dent
/4~
PER:
"\
. .
" j'
.
.
., -l ~
"
.
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has
been authorized and approved by By-law No. q'f-{J of the Corporation
of the Town of Newcastle, enacted and passed. the:>.... ~ day of
~., 198'"
WORKS REQUIRED
(1) Storm Drainage 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 road culverts, open channels, storm outfalls 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 follows:
(a) Pavement widths for all streets to be in accordance
with Town of Newcastle Design Standard NS 201.
(b) The grading and paving of all streets, including the
installation of Granular "A" and Granular "B" material to provide
a proper base for paving, shall be as per the Town of Newcastle
Design Criteria & Standard Drawings.
(c) 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.
(d) The Owner agrees to the topsoiling and sodding of the
boulevards between the ditch and the property line, as according
to the Town of Newcastle's Design Criteria and to the
satisfaction of the Director of Public Works.
(e) 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.
(f) The Owner shall provide, plant and maintain, under the
supervision of a qualified nurseryman or horticulturist (and
guarantee for one year from the date of planting) one tree on
each lot, as per the Landscaping Pland an 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 centimetres
in caliper, staked and bagged as necessary.
(3) Lot Gradin9
The Owner agrees to rough-grade all blocks and parks,
according to the Lot Grading Plan, to the satisfaction of the Director
of Public Works.
.~. .. J ~
'... ....
.
.
.
Schedule "G" - 2
(4) External Works
The Owner agrees to pay a contribution towards the future
reconstruction of Old Scugog Road on a fixed cost basis. This
contributio~ shall be equal to fifty (50%) percent of the estimated
cost of the future reconstruction of Old Scugog Road at current
construction rates for the Town Standard NS-20l.
(5) Fire Protection
The Owner agrees to pay a contribution towards fire
protection in accordance with the development charges contained in
Schedule "0".
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~ (
<MYO~~
CLERK
542985
ONTARIO LIMITED
8\1 ~.,~
., cretary
PER:
PER:
~
I" '...:
.
.
.
"
r'.
,
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has
been authorized and approved by By-law No. ?~_~ of the Corporation
of the Town of Newcastle, enacted and passed the ~~ day of
~. ,198,0.
UTILITIES REQUIRED
(1) Electrical Supply System
The Owner shall arrange with the appropriate authority
having jurisdiction for the design, provision and installation of an
electrical supply system to serve the lands, in the locations as
approved by the Director. All secondary electrical services are to be
installed underground.
The Owner shall also make any necessary arrangements with
any T.V. Cable Company in order that the installation of any such
system shall take place so far as possible contemporaneously with the
installation of other services so as to cause minimum disruption of
municipal services.
(2) Street Lighting System
The Owner shall arrange with the appropriate authority
having jurisdiction for the design, provision and installation of a
complete street lighting system to serve the said Lands on behalf of
the Town in whose ownership the system shall vest upon completion
including all appurtenant apparatus and equipment, in the locations as
approved by the Director. The Owner shall furnish written evidence
satisfactory to the Director that such arrangements have been made
prior to the issuance of any Authorization to Commence Works.
(3) Telephone System
The Owner shall arrange with Community Telephone Limited
and/or Bell Canada for the design, provision and installation of a
telephone system to serve the said Lands, as approved by the Director.
All telephone services are to be installed underground.
(4) Gas Supply System
The Owner shall arrange with an appropriate gas company for
the design, provision and installation of a complete gas supply system
to serve the said Lands, including gas mains, and all appurtenant
manholes, laterals, service connections, apparatus and equipment in
the locations as approved by the Director.
(5) Cable Television
The Owner shall arrange with the Cable Television Company
having authority to provide its services within the area of the Plan
of Subdivision for the design, provision and installation of a
complete cable television distribution system to serve the said Lands.
All cable television services are to be installed underground.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above and the
" .,.;
.
.
.
'.
.:
Schedule "H" - 2
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
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~~.
MAYOR ~
I~-~
CLERK
542985
ONTARIO LIMITED
8j1~~
P;jV
.A""e retary .
PER:
PER:
"
l~ '.....
.
.
.
. .
. , ~
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has
been authorized and approved by By-law No. q~-(J of the Corporation
of the Town of Newcastle, enacted and passed the ~ ~ day of
~~, 198~
O~ r 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:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve 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 contruction and installation to ensure that
all work is being performed in accordance with the contract
documents; and
(c) arrange for or carry out all necessary field testing of
materials and equipment installed or proposed to be installed at
the request of the Director; and
(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
(e) investigate and report to the Director any unusual
circumstances which may arise during the construction and
installation; and
(f) obtain field information, during and upon completion
of the construction and installation, required to modify the
Engineering Drawings to produce the As-constructed drawings.
"'
'... ..'"
.
.
.
,
. -
. .
Schedule "I" - 2
(4) Maintain Records
The Owner's Engineer shall maintain all records pertaining
to the const~uction and installation.
(5) Provide Progress Reports
The Owner's Engineer shall provide the Director with reports
on the progress of the construction and installation on a monthly
basis, or at such other interval as approved by the Director.
(6) Prepare as Constructed Drawings
The Owner's Engineer shall prepare the As-constructed
Drawings for the approval of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~,~~
CLERK
542985 ONTARIO LIMITED
PER: ~OJ
PER:
....-s-ecretary
... , ri~
l, ~
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THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has
been authorized and approved by By-law No. <{''1-/~ of the Corporation
of the Town of Newcastle, enacted and passed the~~day of
~ ' 198f.
COST ESTIMATES
(1) Estimated Cost of Works
PHASE 1
Lots 1, 2, 3, 4, 5, 13, 14, 15
Old Scugog Road (Frontage 386.4l6m)
Item
1.
2.
3.
4.
5.
6.
7.
8.
Excavation 3865m3 ~ $3.00 @ 50%
Granular "B" l563~ @ $11.00 @ 50%
Granular "A" 690~ @ $13.00 @ 50%
HL6 Asphalt 104m3 @ $95.00 @ 50%
HL3 Asphalt 104m @2$95.00 @ 50%
Topsoil & Sod 309lm @ $2.50 @ 50%
Street Lights 6 @ $500.00
Engineering & Contingencies @ 15%
Total Phase 1
PHASE 2
Lots 6, 7, 8, 9, 10, 11, 12
Old Scugog Road (Frontage l84.642m)
Item
1.
2.
3.
4.
5.
6.
7.
Excavation l846m33@ $3.00 @ 50%
Granular "B" 747m @ $11.00 @ 50%
Granular "A" 33gm3 @ $13.00 @ 50%
HL6 Asphalt 50m3 @ $95.00 @ 50%
HL3 Asphalt 50m @ ~95.00 @ 50%
Topsoil & Sod l477m @ $2.50 @ 50%
Engineering & Contingencies @ 15%
And1ewood Court
1. Excavation 1980m33@ $3.00
2. Granular "B" 243m3 @ $11.00
3. Granular "A" l7~m @ $13.00
4. HL6 Asphalt 26m3 @ $95.00
5. HL3 Asphalt 26m @2$95.00
6. Topsoil & Sod 784m @ $2.50
7. Street Lights 4 @ $500.00
8. Outfall Ditches 400m @ $32.00
9. Culverts 1 @ $1,500.00
10. Engineering & Contingencies @ 15%
Total Phase 2
Cash
Contribution
$ 5,798.00
8,597.00
4,485.00
4,940.00
4,940.00
3,864.00
4,396.00
$37,020.00
Cash
Contribution
$ 2,769.00
4,109.00
2,145.00
2,375.00
2,375.00
1,846.00
2,104.00
$17,723.00
Letters of
Credit
$ 3.000.00
450.00
$ 3,450.00
Letters of
Credit
$ 2,940.00
2,673.00
2,275.00
2,470.00
2,470.00
1,960.00
2,000.00
12,800.00
1,500.00
4,663.00
$35,751. 00
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Schedule "J" - 2
~~ 10...
PHASE 3
Lots 16, 17, 18, 19, 20, 21, 22
Old Scugog Road (Frontage 205.961m)
Item
Cash
Contribution
l.
2.
3.
4.
5.
6.
7.
Excavation 2060m33@ $3.00 @ 50%
Granular "B" 833m3 @ $11.00 @ 50%
Granular "A" 36~m @ $13.00 @ 50%
HL6 Asphalt 55m @ $95.00 @ 50%
HL3 Asphalt 55m3 @ ~95.00 @ 50%
Topsoil & Sod l648m @ $2.50 @ 50%
Engineering & Contingencies @ 15%
$ 3,090.00
4,582.00
2,392.00
2,613.00
2,613.00
2,060.00
2,338.00
.
Maryleah Court
1. Excavation l500m33@ $3.00
2. Granular "B" 373m3 @ $11.00
3. Granular "A" 26~m @ $13.00
4. HL6 Asphalt 40m3 @ $95.00
5. HL3 Asphalt 40m @ ~95.00
6. Topsoil & Sod l200m @ $2.50
7. Street Lights 5 @ $500.00
8. Outfall Ditch 200m @ $32.00
9. Culverts 1 @ $1,500.00
10. Engineering & Contingencies @ 15%
Total Phase 3
$19,688.00
Letters of
Credit
$ 4,500.00
4,103.00
3,484.00
3,800.00
3,800.00
3,000.00
2,500.00
6,400.00
1,500.00
4,963.00
$38,050.00
The Performance Guarantee has been based on Preliminary
Estimates only, and, when the final Engineering Drawings have been
approved by the Director of Public Works, a revised cost Estimate of
the Works, Underground Hydro, Engineering and Contingencies shall be
prepared by the Owner's Engineer and submitted to the Director of
Public Works for his approval. This revised Cost Estimate shall be
used as a basis to adjust the Performance Guarantee, if the Estimate
increases or decreases.
.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
('
~~-L
MAYOR
~~.
CLERK -
542985 ONTARIO LIMITED
PER'~,,_,J
;u
"""'-Secretary
PER:
~--
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THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has
been authorized and approved by By-law No. ~~-/J of the Corporation
of the Town of Newcastle, enacted and passed the~ day of
~ ' 198/f.
INSURANCE POLICIES REQUIRED
(1) Types of Coverage Required
The Owner shall obtain and maintain insurance of the
character commonly referred to as public liability and property damage
with an insurance company approved by the Municipal Treasurer 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) 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
(b) any loss or damage that shall or may happen to any of
the materials or any of the equipment or any other things used to
construct or install any of the Works or any of the Utilities or
any part or parts thereof respectively: and
(c) any injury to any person or persons including workmen
employed on the said Lands and the public: and
(d) any loss or damage that shall or may result from the
storage, use or handling of explosives: and
(e) any loss or damage that shall or may result from the
drainage of surface waters on or from the said Lands: and
(f) any loss or damage that shall or may result from the
disposal of effluent from any sewage disposal works: and
(g) any loss or damage that shall or may happen to any
public road or to any other property of the Town or to the
property of any other person either directly or indirectly by
reason of the Owner undertaking the development of the said Lands
together with any or all of the Works 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 policies of insurance shall contain no
coverage exemptions or limitations for:
(a) any shoring, underpinning, raising or demolition of any
building or structure: or
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Schedule "K" - 2
(b) any pile driving or caisson work; or
(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 on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~~,~~
r>1AYOR
J~&ah.."
CLERK
542985
ONTARIO LIMITED
':E.iJ..oJ
~
-"S cretary
PER:
PER:
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THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has
been authorized and approved by By-law No. ,?~-r.:J of the Corporation
of the TOlNn of Newcastle, enacted and passed the~~ day of
~r--, ' 19~
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 unless otherwise permitted by the
Director.
(3) Dumping of Fill or Debris
The Owner agrees to neither dump, or permit to be dumped,
any fill or debris on, nor to remove, or permit to be removed any fill
from any lands to be dedicated to the Town other than the roads within
the limits of the said Lands, without the written consent of the
Director.
(4) Disposal of Construction Garbage
All construction garbage and debris from the said Lands must
be disposed of in an orderly and sanitary fashion in a dumping area
off the said Lands provided by the Owner and approved by the Director.
The Town shall not be responsible for the removal or 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
quantitive 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 untravelled 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.
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Schedule "L" - 2
(8) Weed and Rat Control
After the commencement of construction the Owner shall
institute upon the Lands a program of weed and rat control to the
satisfaction.of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above and the
parties hE!reto have hereunto affixed their corporate seals by the
hands of t:heir proper officers duly authorized in that behalf.
SIGNED, SE:ALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~ 4(;~ /
MA~OR JL
-<-~~-~-
CLERK
542985 ONTARIO LIMITED
PER:
PER:
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THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has
been authorized and approved by By-law No. t'l-(3 of the Corporation
of the Town of Newcastle, enacted and passed the~ day of
, 198f.
~
USE OF SAID LANDS
(1) 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
Lots 1 to 22 inclusive and
Blocks 23 to 29 inclusive
In accordance with Restricted
Area (Zoning) By-law 2111, as
amended
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~ ~
.~-
CLERK
542985 ONTARIO LIMITED
PER:
~flDJ
~
~e re ary
PER:
...
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"'-<: ....
.
.
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has
been authorized and approved by By-law No. t~-I:3 of the Corporation
of the Town of Newcastle, enacted and passed the ~~day of
, 198"
H
LANDS UNSUITABLE FOR BUILDING
(1) 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
Block 23
Conditions to be Satisfied
In accordance with Restricted
Area (Zoning) By-law 2111, as
amended
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
.~.
CLERK
542985 ONTARIO LIMITED
PER, &k},.@J
~
PER:
ecretary
. ,- .~ )
.
'-: ,," ..
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:
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has
been authorized and approved by By-law No. l'f./-f'3 of the Corporation
of the Town of Newcastle, enacted and passed the ~ day of
Ck~_ ' 198f.
t1~'--- ~ LANDS REQUIRING SITE PLAN APPROVAL
(1) No building permit shall be issued for any building or
structure on any lot comprising the said Lands, unless such building
or structure complies in all respects with detailed site plans, which
have been approved by the Directors of Works and Planning with the
Town, and the Central Lake Ontario Conservation Authority, which plans
indicate existing and proposed grades, site drainage, vegetation to be
preserved and the location of all buildings and structures.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE (
CLERK
542985 ONTARIO LIMITED
PER:
E.jd._.J
N
'S tar
PER:
"
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}, l.
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has
been authorized and approved by By-law No. f~-f~ of the Corporation
of the Town of Newca~tle, enacted and passed the~~ day of
~ ' 19817
OVERSIZED AND/OR EXTERNAL SERVICES AND THE REIMBURSEMENT
FOR THE OVERSIZED AND/OR EXTERNAL SERVICES
- Not Applicable -
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
CLERK
542985 ONTARIO LIMITED
PER: 'P f\",.~
~:;;.6 A('
PER: ~~
~ Secretary
"
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!
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has
been authorized and approved by By-law No. (~-/3 of the Corporation
of the Town of Newca9~le, enacted and passed the ~~day of
~/_~ ' 198f;
t7~'- - ~ CONSERVATION AUTHORITY'S WORKS
(1) The Owner agrees as follows:
(a) The Owner agrees that no grading, filling, construction
or alteration to vegetation shall occur on the site without the
written approval from the Central Lake Ontario Conservation
Authority.
(b) The Owner agrees to develop the site in accordance with
the recommendations of the hydrogeology report prepared by
Hydrology Consultants Ltd., in addition to any requirements of
the Regional Health Unit.
(c) The Owner agrees not to apply for building permits for
any lot until a site plan indicating the existing and proposed
grades, site drainage, vegetation and the locations of all
buildings, structures and tile fields, has received the approval
of the Central Lake Ontario Conservation Authority.
(d) The OWner agrees in wording acceptable to the Ministry
of Natural Resources, that no damming, dredging nor other
alternatives to Bowmanville Creek will be carried out without the
written approval of the Ministry of Natural Resources.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
~~~
MAYOR ()
J~.~.
CLERK "I
542985 ONTARIO LIMITED
PER:
PER:
"
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....... ........ ,
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THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has
been authorized and approved by By-law No. g~-{~ of the Corporation
of the Town of Newcastle, enacted and passed the ~~ day of
~ ' 1981.
~. v ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Up to $100,000.00
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
$1,000,000.00 to $2,000,000.00
$2,000,000.00 to $3,000,000.00
$3,000,000.00 to $4,000,000.00
Fees
Actual cost of engineering
services and inspection fees
up to a MAXIMUM of $4,000.00
$4,000.00 or 3.5% of the
estimated cost of services -
whichever is greater
$17,500.00 or 3% of the
estimated cost of services -
whichever is greater
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$67,500.00 or 2% of the
estimated cost of services -
whichever is greater
For the purposes of this Schedule cost estimates as
specified in Schedule "J" for Hydro Distribution System shall not be
included for the purposes of calculating engineering and inspection
fees as contemplated by this Schedule.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE (
CLERK
,~
542985 ONTAR~ LIMITED
PER: ~\].l::lIAIO,J
pre?h ~
~
PER:
"
~. )
t~,. "},.
~ "~ .
THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has
been authorized and approved by By-law No.J:t'l-I.J of the Corporation
of the Town of Newca~~le, enacted and passed the~ day of
~ ,198'f;
MINISTER'S/REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
(1) The Owner agrees to comply in all respects with the
conditions of draft plan approval of the Regional Municipality of
Durham as contained in Appendix "]\"" to this Schedule.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals on the day and year first written above 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 )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
.
THE CORPORATION OF THE TOWN OF
NEWCASTLE
('
#'Z~
~-~-
CLERK
542985 ONTARIO LIMITED
PER: B., 1'1.. ""J
., fitsident
PER:
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II PPEN ~/)(
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TO SC HEOUI..B S
~
Attachment to letter dated May 12, 1983
From: Dr. M. Michael, Commissioner of Planning, Region of Durham
To: Mr. B. VanAndel '
Re: Proposed Plan of Subdivision
Fil e: 18T -82034
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS SUBDIVISION ARE
AS FOLLOWS:
NO.
CONDITIONS
.
1. That this approval applies to plan of subdivision 18T-82034,
prepared by D.G. Biddle &: Associ ates L td., 'da ted September 9,
1982, identified as drawing 81146-DP-1 and revised in red
showing a total of 22 lots for single family dwell; ngs, Blocks
25 & 27 for open space purposes.
2. That the road allowances included in this draft plan shall be
dedicated as a public highway.
3. That the owner conveys land in the amount of or up to 5% of
the land included in the draft plan to the Town of Newcastle
for park purposes pursuant to the provisions of section 36(5}
of the Planning Act. Alternatively, the Town m~ accept cash
in lieu of all or a portion of the said conveyance and under
the provisions of section 36(8} of the Planning Act, the Town
is hereby authorized to do so. .
4. That the streets on the final plan shall be named to the
satisfaction of the Town of Newcastle and the Region of
Ouham.
5. That the owner agrees to negoti ate wi th the Town of Newcast1 e
a cost-sharing agreement for the reconstruction or improvement
of Old Scugog Road which ~hall include dedication of land for
road widening if required' by the Town.
I
6. That 0.3 metre reserves as shown 'in red on the draft plan
shall be dedicated to the Town of Newcastle.
.
7. That such easements as may be required for utilities, drainage
or servicing purposes shall be granted to the appropriate
authori 1;y.
8. That the area to be subdivided shall be zoned to reflect the
uses shown on the draft plan in an appropriate restricted area
by-law passed by Council and either:
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18T-82034
NO.
2.
CONDITIONS
a) submitted to and approved by the Ontario Municipal Board,
or
9.
b) in effect in accordance with section 39(26) of the
Planning Act.
That the zoning by-law referred to in candi tion 8 shall
contain the provisions which will have the effect of
prohibiting all buildings and structures on Blocks 25 & 27,
except those necessary for flood or erosion control.
10. That the owner agrees to! negotiate the purchase of Block 27
with the appropriate authori~ for erosion protection, flood
control and conservation- pur.poses.
11. That the owner shall submit for approval to the Durham
Regional Hea.lth Unit a lot servicing plan showing the location
of individual drilled wells, septic systems and all proposed
residential dwelli ngs.
.
12. That the owner shall submit to the Ministry of the Environment
for approval, a hydrologist's report which verifies that an
adequa te supply of potab le water is ava 11 ab le to se rvi ce the
development. The report, should also discuss the possibility
for cross-contamination ,of wells from septic effluent.
13 That prior to final approval o~ 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 subdi vi sion agreement between the owner and the
Town concerning the provision and installation of roads,
services, drainage, etc.
.
14. 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 other matters,
execution of a subdivision agreement between the owner and the
Region concerning the provision and installation of road and
other regional servi ces.
15. That the subdi vision agreement between the owner and the Town
shall contain, among other matters, the following provisions:
a) the owner agrees to insert in all sell and purchase
agreements, notice that the lands are subject to the
covenants and obli gat ions set forth in. the ~ubdi vi sion
agreement.
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18T-82034
NO.
\
3.
CONDITIONS
b) The owner. agrees that no grading, filling, construction or
al teration to vegetation shall occur on the si te wi trout
the wri tten approval frOOl the Central Lake Ontario
Conservation Authori ~.
c) The owner agrees to develop the site in accordance with the
recommendations of the hYdrogeology report prepared by
Hydrology Consultants Ltd., in addition to any requirements
of the Regional Healt~ Unit.
I
d) The owner agrees not to apply for building pennits for any
lot until a site plan indicating the existing and proposed
grades, site drainage', vegetation and the locations of all
buildings, structures and tile fields, 'has received the
approval of the Central Lake Ontario Conservation
t Authori ty.
e)
The owner agrees in wording acceptable to the Ministry of
N~tural Resources, that no damming, dredging nor other
alternatives to Bowmanville Creek will be carried out
wi thout the wri tten approval of the Mi ni s try of Natural
Rsources.
.
16. That prior to final approval, the Commissioner of Planning for
the Region of Durham shall be advised in writing by:
a) the Town of Newcastle. how conditions 3. 4, 5, 6,7,8.10,
13 and 15 a) have beep sati~fied;
b) the Central Lake Ontario Conservatio n Autho ri ~. how
conditions 9. 15 b). 15 c) and 15 d) have been satisfied;
c) the Ministry of Natural Resources. how conditions 9 and
15 e) have bee" satisfied;
.
d) the Ministry of the Environment how condition 12 has been
satis fi ed; and
e) the Durham Regional Health Unit, how condition 11 has been
sati s fi ed.
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181-82034
4.
NOTES
2.
1. We suggest you make yourself aware of:
a) section 143(1) of Thtlland Titles Act, which requires all new plans be
registered in a land 'titles system; and
b) section 143(2) which 'allows certain exceptions.
It is suggested that the municipa'i~ register the subdivision agreement as
provided by section 36(q) of the Planning Act against the land to which it
applies, as notice to prospective purchasers.
3.
A copy of the subdivision agreement shall be sent to those agencies involved
in the clearance of the Iffnal plan. These agencies are:
Mr. L.R. Gray
Ministry of Natural Resources
322 Kent Street W~st
Lindsay, Ontario
K9V 4T7
Mr. Wi 11i am Fry
Central Lake Ontario
Conservation Authorit'
1650 Du ndas Street E as t
Whitby, Ontario, LlN 21<8
4.
When the zoning by-law referenced in condition 8 is being prepared,
reference should be made to this subdivision application and the T-file
number should be included in the explanatory note. This would expedite the
review of the by-law by other agencies.
.
I
When the draft M-Plan is completed, copy should be forwarded to the Town of
Newcastle Planning Department and the Region of Durham Planning Department
to facilitate subdivision agreement preparation.
6. If final approval is not given to this plan within three years of the draft
approval date, and- no extensions have been granted, draft approval shall
lapse under section 36(t3) of the Planning Act. Extension may be granted
provided valid reason is given and is submitted to the Region well in
advance of the lapsing date.
5.
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1327
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DATED:
January 24,
:-1
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
- and -
542985 ONTARIO LIMITED
1984
SUBDIVISION AGREEMENT
MESSRS. KITCHEN & KITCHEN
Barristers & Solicitors
86 Simcoe Street South
P. O. Box 428
Oshawa, Ontario
LlH 7L5
PAll)
. LAND iEGISIRY. OFFICE NO. ill
1/5. r/ ?J
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