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Home My WebLink About84-44 " ,. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- 44 being a By-law to authorize the entering into of an Agreement with Newcastle Shoreline Properties 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, an Agreement between Newcastle Shoreline Properti es Limited and the sai d Corporation dated the ~hK. day of M.~ , 1 984 , s~Schedule "X". 2. THAT Schedule II X" attached hereto forms part of thi s by-law. 3. THAT By-law 82-27 is hereby repealed. BY-LAW read a first time this 26th day of March BY-LAW read a second time thi s 26th day of March BY-LAW read a third time and finally passed this 26th March 1984 1984 1984 day of ~d~/ - G. B. RICKARD, MAYOR &~ -' ,. -' LERK IJ:i' riG. .(.,.Q..:.....'I.~..JiJ"..7.........1 ,. .. !" t. ~ 1 LAND TITLES ACT APPLICATION TO REGISTER NOTICE OF AN UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY (Section 74 of the Act) TO: THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF NEWCASTLE (NO. 10) The Corporation of the Town of Newcastle has an unregistered estate, right, interest or equity in: 1. The land registered in the name of Newcastle Shoreline Properties Limited in respect of the land registered as Parcel 25-1, in the register for Section B.F. Con. Clarke (Newcastle) And hereby apply under section 74 of the Land Titles Act for the entry of a Notice of Subdivision Agreement in the register for the said parcel. DATED at the Town of Ajax, this 16th day of August, 1984. THE CORPORATION OF T NEWCASTLE, by its S LAWSON AND CLARK Per: The address of the applicant for service is: The Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. LlC 3A6 - and - Newcastle Shoreline Properties Limited, R.R.4i2, Claremont, Ontario. LOA lEO. \ If .j THE LAND TITLES ACT AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENTRY OF NOTICE OR EXTENSION OF NOTICE (Section 74 of the Act) I, WALKER DOUGLAS CLARK, of the City of Toronto, in the Municipality of Metropolitan Toronto, make oath and say as follows: 1. I am the solicitor for the applicants named in the attached application for entry of a notice of the Subdivision Agreement under Section 74 of the Land Titles Act. 2. The particulars of the applicants' interest in the land are as follows: Subdivision Agreement made between Newcastle Shoreline Properties Limited and the Corporation of the Town of Newcastle marked as Exhibit "A" to this my affidavit. SWORN before me at the Town of Ajax, in the Regional Municipality of Durham, this 16th day of August, 1984. // / ~' DOUGLAs- CLARK ~'-~ A Commissioner, etc. HELENAJAMES,.~... Judicial District of D",,*, .. - Lawson and CI~ ~ ~p"" ....... ..... ... DATED; August 16th, 1984 <4 ~ APPLICATION TO REGISTER NOTICE SF AN UNREGISTERED ESTATE, RIGHT, INTEREST OR EQUITY MESSRS. LAWSON AND CURK, Barristers and Solicitors, P.O. Box 68, Pickering, Ontario. LIV 2R2 --r- ~ ....~...- '" .. , \ " NEWCASTLE SHORELINE PROPERTIES LIMITED OLE JENSEN WHo D. McCOWAN - PRESIDENT SECRETARY - and - THE CORPORATION OF THE TOWN OF NEWCASTLE SUBDIVISION AGREEMENT LAWS ON & CLARK, Barristers, etc. , 20 Church Street North, Pickering, Ontario, L1V 2R2. THIS IS EXHIBIT "A" TO THE AFFIDAVIT OF ~"ALKER DOUGLAS CLARK. SvroRN before me this 16th day of August, 1984. ~~ A Comm.issioner, etc. t4ELENI\ JAMES, a CommtlstOMrt-' .Judicial District of Durham, for Lawson and Cla.rk, Bartl"tee.. Expires June 4th, 1917. '~I"; '..\..~ ~.'. . ~ ~ ( . '. . " ,~ 1. .lJiDEX ., PAGE '" certification of Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Copy of Plan and Agreements Required............................. 2 Payment of Taxe s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Payment of J " Local Improvement C!l..lr':1et>.......:...................... 3 Payment of Drainage Char\:Jes.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Payment of Development charges................................... 3 Dedication of Ea 5 erne n l s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t ,. 3 Dedication of Land s . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . 4 Cash in Lieu of Lands........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Registration of Deeds and Grants of Eas~ments.................... 4 Lands for School Purpos~s and SecolJ(jar.y Option................... 4 Municipal Works Requirud......................................... 4 utilities Required................._..................... ........ 5 · E . Owner s ngJ.neer............ .0.......................... '.......... 5 Design of Works.................................................. 5 Approval of EngineerJ.n'j Dr awin'Js - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5' Approval' of Grading and DraillihJe l'laJi................... . . . . . . . . . 5 Approval of Tree Preservation VL:lll............................... 6 Staging of Works................................................. 6 Approval of Schedule of Works.".................................. 6 Approval of Cost Estimate................ . . . . . . . . . . . . . . . . . . . . . . . . 6 Performance Guarantee Required................................... 6 Use of Performance Guarantee..................................... 7 Indemnification of Municipality and lJl::;Llranc<::.......~............ 7 Reg!) i rements for Authorizution to COIlUlleIlCe h'ur k::;. . . . . . . . . . . . . . . . . 7 Requiremunts for Authori~ation 0t Sul.Jl:>cyuclIt ;;;tCiges..... ......... 8 Inspection and Stop Work..................... .....:.............. 9 provisions for Construction and In:.iI-i...Illdliorl...... ............... 9 . Sequence of Construct.ion and InsldlLil) un........................ 9 Completion '!'ime for Construction i:1lld JIl~t<.111.jt:ion................ 9 Additional r'acilities or Work l\equirecJ........................... 9 r: 1 ,1 , , ,. '- - 2 - PAGE Incomplete or Faulty Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 Entry for Emergency Repairs... ............ ..... ... ... ...... 10 Damages or Relocation of Existing Services or Neighbouring Wells. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Use of Works by Municipality...... ........ ................. 11 Use of Said Lands. . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Lands Unsuitable for Building.. ......... ............. ...... 11 Lands Requiring Site Plan..... ........... ...... ....... ..... 11 Requirements for Building Permits.. .... '" .... ........ ..... 11 Model Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 Requirements for Sale of Lands. ........... ... .... .... ... ... 12 Requirements for Authorization to Occupy.... .,. ....... ..... 13 Occupancy p'ermi t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Maintenance of Roads After Acceptance~... ........ .... ... ... 14 Requirements for Certificate of Completion. ................ 14 Period of Required Maintenance of Works.. ... .... ........... 15 Maintenance Guarantee Required.... ........ .... ....0 .... .... 15 Use of Maintenance Guarantee.... . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Requirements for Release of Performance Guarantee..... ..... 15 Requirements for Certificate of Acceptance.... ............. 16 Ownership of Works by Municipality..... ........ ........ .... 16 Requirements for Release of Maintenance Guarantee. ......... 16 Requirements for Certificate of Release........... ......... 16 Requirements for Oversized or External Services.... ........ 17 Ganaraska and Region Conservation Authority... ..... .0...... 18 Responsibility for Drainage. ...... ...... ... ............ .... 18 Interest in Said Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 Payment of Municipal Costs.. ... .... ........ ........... ..... 18 Unpaid Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 Notification of Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 19 l f l' 'P · l ) , - 3 - PAGE Registration of Agreement... ..................... ............ 19 Renegotiation and Amendment of Agreement.. ................... 19 Municipality to Act Promptly. ... ......... .................... 20 Assignment of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 SCHEDULES TO AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule "A" LID . t' f . d L d 21 - ega escr~p ~on 0 sa~ an s............... SCHEDULE "B" - Plan of Subdivision for final approval.. ...... 22 Schedule "c" - Charges against said lands.................... 23 Schedule "D" Development charges.... ....................... 24 Schedule "E" - Grants of easements to be dedicated.. ......... 25 Schedule "F" Lands and/or cash to be dedicated... ....... ... 26 Schedule "G" - Works required..........,...................... 27 Schedule "H" - Utilities required.... ..... ................... 28 Schedule "I" - Duties of Owners Engineer........ ... ... ....... 29 Schedule "J" - Cas t Es timates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30 Schedule "K" - I 1 d 31 nsurance po icies require. ... ... ..... .... ... Schedule "L" - Regulations for construction..... .... ......... 32 Schedule "M" Use of said lands. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 Schedule "N" - Lands Unsuitable for Building. ... ..... .... 0... 34 Schedule "0" - Lands Requiring Site Plan Approval... ...... ... 35 Schedule "P" 0 d d/ E t 1 S 36 - versize an or x erna ervices... ... ... 0" Schedule "Q" - Ganaraska and Region Conservation Authority... 37 Schedule "R" - Administration Fees........................... 38 Schedule "s" = Minister's Conditions... .... ..... .......... ... 39 Successors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . .. 21 (.. l, \ t THIS AGREEMENT MADE in qui ntup1 icate thi s Ic).~~ day of ~ , 1981...\ BET WEE N THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - NEWCASTLE SHORELINE PROPERTIES LIMITED, hereinafter called the "0WNER" OF THE SECOND PART WITNESSETH THAT WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto and hereinafter called the "Lands" which constitute 6.5 hectares; AND WHEREAS the Owners warrant that they are the Owners of the Lands; AND WHEREAS the Owners warrant that they have applied to the appropriate Minister of the Government of Ontario, hereinafter called the "Minister" for approval of a plan of subdivision of the Lands; AND WHEREAS to comply with the Minister1s conditions for such approval, the Ownerls have consented to enter into this Agreement with the Municipality; AND WHEREAS the Owners warrant that they have entered, or will enter into an Agreement with the Corporation of the Regional Municipality of Durham, hereinafter called the "Region" to pay the. regional levies; AND WHEREAS the Owners warrant that they have or will enter into an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; AND WHEREAS in this Agreement "Director" means the Director of Public Works of the Town of Newcastle, or such duly qualified Engineer as may be appointed by the Council of the Municipality to act in his place; 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: .. : ~ \. .\ \, - 2 - CERTIFICATION OF OWNERSHIP 1. The Owners shall, at the time of the execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality 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 Owners shall, at the time of the execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title to any land which is to be conveyed to the Municipality or over which easements are to be grantep to the Municipality pursuant to the terms of this Agreement. COpy OF PLAN AND AGREEMENTS REQUIRED 3. Subject to paragraph 63 (3) hereof, the Owners shall, at the time of the execution of , this Agreement, provide the Municipality with as many copies as the Municipality requires of the plan of subdivision for the said Lands, which plan shall be the plan prepared for approval by the Minister. The said plan is attached hereto as Schedule "B" and is hereinafter called the "Plan". The Owners shall also furnish to the Municipality at the time of the execution of this Agreement one copy of the said Plan containing the stamp of approval of the Regional Municipality of Durham, and a copy of the subdivision agreement entered into between the Owners and the Regional Municipality of Durham 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 Regional Municipality of Durham is not available at the time of the execution of this Agreement, the Owners agree to provide the Municipality with the Plan with the stamp of approval of the Regional Municipality of Durham and a copy of the Subdivision Agreement entered into with the Regional Municipality of Durham, immediately after approval is granted or the agreement signed. The Owners shall also furnish to the Municipality 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. PAYMENT OF TAXES 4. The Owners shall, at the time of the execution of th~s Agreement, pay all Municipal taxes outstanding against the said lands, as set out in Schedule "c" hereto. The Owners further agree 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 Owners of such lands. tl , ,., ~ \ - 3 - PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Owners shall, at the time of the execution of th~s Agreement, pay all charges with respect to existing local improvements assessed against the said lands, as set out in Schedule "c" hereto. Such charges shall include the Municipality'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. PAYMENT OF DRAINAGE CHARGES 6. The Owners 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, 1971, against the said lands, as set out in Schedule "e" hereto, including the commuted value of such charges falling due after the execution of this Agreement. PAYMENT OF DEVELOPMENT CHARGES 7. The Owners shall pay all development levies in the amounts_ and at the times set out in Schedule "D" hereto. Notwithstanding the provisions of Schedule "D" as to the times at which the development charges shall be paid, the Owners shall prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges asse~sed against the said lot or block. DEDICATION OF EASENENTS 8. (1) The Owners shall at the time of the execut~on of this Agreement, or such later date as may be agreed by the Owners and the Municipality but not later than the registration of the Plan, deliver to the Municipality 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 any 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 Owners agree to transfer to the Munici~a1ity such further easements upon request. The Municipality 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. - ." 1 "I : f. , '," ~. - 4 - DEDICATION OF LANDS 9. The Owners shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owners and the Municipality but not later than the registration of the Plan, deliver to the Municipality executed deeds of conveyance, sufficient to vest in the Municipality 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 Owners to the Municipality of the lands required by the terms of The Planning Act, R.S.O. 1970, Chapter 349, as amended, from time to time to be dedicated for public purposes, ather than for highways, unless the Municipality has agreed to accept cash in lieu of such lands, as provided herein. CASH IN LIEU OF LANDS /' 10. The Owners agree that, if the Municipality agrees to accept cash in lieu of the dedication by the Owners to the Municipality of lands for public purposes, other than highways, the amount of such cash payment shall be as set out in Schedule "F" hereto. The Owners further agree to pay to the Municipality any such cash payment as set out in Schedule "F" hereto, at the time of the execution of this Agreement. REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS 11. The aforementioned deeds and grants of easements shall be prepared by the Owners and registered at the Owners 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 Owners hereby authorize the Municipality to insert such Plan number afte~registration of the Plan. LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION 12. The Owners agree to inform all prospective purchasers that their children will only be picked up by the school bus on roads now in existence, or at another location convenient to the School Board. MUNICIPAL WORKS REQUIRED 13. The Owners 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 issue of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the Owners and the Owners shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Municipality. , (' " . ' ( - 5 - UTILITIES REQUIRED 14. The Owners 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". OWNER'S ENGINEER 15. The Owners shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owners' Engineer", to administer this Agreement, whose duties are set out in Schedule "I" hereto. DESIGN OF WORKS 16. The Owners agree that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Municipality. 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. APPROVAL OF ENGINEERING DRAWINGS 17. The Owners shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all draw~ngs 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-approva1 and further revision if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. ... APPROVAL OF GRADING AND DRAINAGE PLAN 18. The Owners shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director and the Ganaraska and Region Conservation Authority of a Plan, hereinafter called the "Grading and Drainage Plan", and show~ng thereon all proposed grading and drainage works for the said Lands. If no construction of the Works has 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 and the Ganaraska and Region Conservation Authority for re-approval and revision if required by the Director or the Ganaraska and Region Conservation Authority, and no such work shall be done unless in accordance with the said revised and re-approved drawings. - 6 - APPROVAL OF TREE PRESERVATION PLAN 19. D.N.A. STAGING OF WORKS 20. If the Owners wish to construct and install the Works and Utilities in stages, the Owners shall prior to the issuance of any Authorization to Commence Works as hereinafter provided, prepare for the approval of the Council of the Municipality, 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 Owners shall not proceed until such Staging Plan has been approved by Council of the Municipality, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with the approval of the Council of the Municipality. APPROVAL OF SCHEDULE OF WORKS 21. The Owners shall, prior to the issuance of any Authorization to Commence Works 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 Owners propose to construct and install all of the Works and Utilities and, where the installation of the Works and Utilities are to be staged the Owners shall prior to the Authorization to Commence Works for each such stage receive the written approval of the Director of a Schedule of Works for such stage. The Owners shall proceed only in accordance with the approved Schedule, except as it may be subsequently amended with the approval of the Director. APPROVAL OF COST ESTIMATE 22. The Owners agree that, prior to the issuance of any Authorization to Commence Works 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 "]" hereto. If the Municipality has approved a Staging Plan for the said Lands, the Owners further agree 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 "]" hereto. PERFORMANCE GUARANTEE REQUIRED 23. (1) Prior to the issuance of any "Authorization to Connnence Works" in respect of the "said lands" the Owners shall provide the Town with a "Performance Guarantee" in the form of cash or an irrevocable letter of credit issued by a Chartered Canadian Bank, in an amount equal to the "Works Cost Estimate", less any cash amounts and/or costs to be paid in respect of deferred works in respect of the Plan, or the stage of the Plan to be covered by the "Authorization to Commence Works". The "Performance Guarantee" may be used by the Town of Newcastle as set out in Clause 24 of this Agreement in the event that the Owner fails to satisfactorily meet the requirements of this Agreement in respect of the provision of the specified works and facilities. r' I 'I I' , f ~ , , - 7 (2) All submissions made under Clause 23(1) above shall be approved by the Treasurer of the Town of Newcastle and the Solicitor for the Town of Newcastle. (3) The cash or irrevocable letter as provided in Clause 23 (1) hereof are hereinafter collectively referred to as a "Performance Guarantee". USE OF PERFORMANCE GUARANTEE 24. The Owners agree that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Performance Guarantee if the Owners fail to pay any costs payable by the Owners to the Municipality under this Agreement by the due date of the invoice for such costs. INDEMNIFICATION OF MUNICIPALITY AND INSURANCE 25. The Owners covenant and agree to indemnify the Municipality against all actions, causes of action, 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 Owners agree to indemnify the Municipality with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement. The Owners shall also provide the insurance called for by Schedule ilK" of this Agreement. REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS 26. The Owners shall not commence the construction or install- ation of any of the Works without the written permission of the Municipality, hereinafter called an "Authorization to Commence Works". The Owners 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 Owners have delivered copies of the Plans and Agreements as required by paragraph 3 of this Agreement; and, (4) The Owners have paid to the Municipality any outstanding charges against the said lands required by paragraph 7 of this Agreement; and, (5) The Owners have deposited with the Municipality any transfers of easements as .required by paragraph 8 of this Agreement; and, t ' !J I { .. - 8 - (6) The Owners have deposited with the Municipality any deeds of conveyance for any lands, and paid any cash as required by paragraphs 9 and 10 of this Agreement; and, (7) The Owners shall deliver 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 14 of this Agreement; and, (8) The Owners have appointed an Engineer as required by paragraph 15 of this Agreement; and, (9) The Owners have received the written approval of the Director for the Engineering Drawings as required by paragraph 17 of this Agreement; and, I ' I I (10) The Owners have 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, I : I " (11) The Owners have received the written approval of the Director for the Grading and Drainage Plan as required by paragraph 18 of this Agreement; and, (12) The Owllers have received the written approval of the Council for the Staging Plan as required by paragraph 20 of this Agreement; and, (13) The Owners have received the written approval of the Director for the Schedule of Works as required by paragraph 21 of this Agreement; and, (14) The Owners have received the written approval of the Director for the Works Cost Estimate and/or Stage Cost Estimate as required by paragraph 22 of this Agreement; and, (15) The Owners have deposited with the Municipality the Performance Guarantee applying to that stage of the Plan for which the Owners are seeking such Authorization to Commence Works as required by paragraph 23 of this Agreement; and, (16) The Owners have deposited with the Municipality any policies of insurance as required by paragraph 25 of this Agreement; and, .. (17) The Owners have paid all Municipal costs as required by paragraph 59 of this Agreement as of the date of the issuance of the Authorization to Commence Works; and, (18) The Owners have paid all sums due to the Municipality for oversizing as required by paragraph 55 of this Agreement. REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES 27. If the Municipality has approved a Staging Plan for the said Lands, the Owners shall require an Authorization to Commence Works for each stage of the Plan. If the Municipality 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: " i ' I: I ~ - 9 - , r \ (1) the Stage Cost Estimate fOL such sLdge nas been dpproved by the Director and entered in Schedu:E "J" hereto; and (2) the Owners have deposited with the Municipality the Performance Guarantee applying to that stage of the Plan for which the Ownas are seeking such Authorization to Commence Works. INSPECTION AND STOP WORK 28. The contract with any contractor employed by the Owners to construct or install any of the Works shall provide that employees or agents of the Municipality may, at any t~e, inspect the work of such contractor pertaining to the said Land~ and the Director, after consultation, with the Owners 'Engineer, .shall have the power to stop any such work in the event that, in his opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Municipality. PROVISIONS FOR CONSTRUCTION AND INSTALLATION 29. 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 writiqg by the Director. All construction On the said Lands shall be'carried out in accordance with the regulations for construction as set out in Schedule ilL" hereto. SEQUENCE ,OF CONSTRUCTION AND INSTALLATION /' 30. The OWners shall, upon the issuance of an Authorizqtion to Commence Works, proceed to construct and instal~ all of the Works continuously and as required by tie approved Schedule of Works. COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION 31. The OWners shall, within two (2) years of the date of the issuance of an Authorization to Commence Works, complete the con- struction and installation of all of the Works authorized in such Authorization to Commence Works. ADDITIONAL FACILITIES OR WORK REQUIRED 32. If, in the opinion of the Director, any minor or incidental additional work is required to praide for the adequate operation and functioning of the Works, the Owners shall, until the con- clusion of the maintenance guarantee period, construct or intall ~~l additional facilities and perform such additional work as the Municipality may request from time to time. .' - 10 - , r '.: I . , ,. ..' ' IN'COMPLETE OR FAULTY WOKi': 33. If, in the opinion of the Director, the Owners are not executing or causing to be executed the work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said work is being improperly done, or if ; the OWners neglect or abandon 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 Owners neglect or refuse to do over again any Work which may be ~ejected by the Director as defective or unsuitable, or if the owners 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 Municipality may notify the OWners " and their surety in wri~ing of such default or neglect and within ten (lO) clear days after the giving of such notice or within such further period of t~e as may be specified in the notice, the Municipal Council shall thereupon have full autnority 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 Owners or their surety, or both. In cases of emergency, in the opinion of the Director, such Work may be done without prior notice, but the Owners 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 tota~ dosts shall include a manage- ment fee of thirty-five (35%) percent of a contractor's charges to the Municipality (including any charges for overhead and pro{it) or, if such work is undertaken by the Municipality, thirty-five (35%f.percent of all charges incurred to complete the Work, it being hereby declared and agreed that the assuming by the Owners of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. . ENTRY FOR EMERGENCY REPAIRS 34. The Owners agree that, at any time and from time to time, employees or agents of.the Municipality may enter the said lands for the purpose of making emergency repairs to any of the Works. Such entry and re- pairing shall not be deemed an acceptance of any of the Works by the Municipality, nor an assumption by the Municipality of any liability in connection therewith, nor a release of the OWners from any of their obl~tions under this Agreement. DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS 35. (l) The OWners agree to pay the cost of repairing any damages to any services which without l~ing the generality of the fore- going shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any exist- ing services, caused by the development of the said Lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or authorities responsible for such services. The Owners further agree to pay the cost of nloving any of the Works installed under this Agreement, in driveways or so close thereto, as in the opinion of the Director, interfere with the use of the driveway. r ' .' , ( \ , . - 11 - (2) The Owners agree 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 of a short term duration (i.e. during the course of dewatering and excavation and within one month of the completion of dewatering) make available to the affected party, a temporary supply of water at no cost to the affected party; or, (b) where the interference to a well or private water supply is of a long term duration, at the option of the Owners and at their expense connect the affected party to the Municipal 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; or, (c) in order to directly and conclusively establish whether or not any interference has occurred, the Owners agree that prior to the commencement of any works to have prepared, at their expense, an inventory of all existing wells, and a record of the water levels of said wells, within one hundred and fifty (150) metres of the lands. The aforementioned inventory shall be filed with the Director of Public Works and all measurements therein shall be verified by the signature of the well owner. USE OF WORKS BY MUNICIPALITY 36. The Owners agree that any of the Works may be used by the Municipality, or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Municipality nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owners from any of their obligations under this Agreement. ,. USE OF SAID LANDS 37. The Owners agree 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 Municipality. LANDS UNSUITABLE FOR BUILDING 38. The Owners agree that the lots and/or blocks of the Plan which are set out in Schedule "WI hereto contain lands which are unsuit- able for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Director and/or any other authority having jurisdiction. LANDS REQUIRING SITE PLAN 39. Does Not Apply. REQUIREMENTS FOR BUILDING PERMITS 40. Neither the execution of this Agreement by the Municipality nor the approval by the Municipality of the Plan for registration, nor the issuance by the Municipality 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 Owners agree that no application for any building permit in respect of any of the said lands shall be made until: '- . ' - 12 - \ (1) all easements for Utilities or drainage, or other purposes across the lot in respect of which a building permit is proposed to be issued have been transferred to the Municipality, and, (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed 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 constructed and installed to the approval of the authorities having jurisdiction over such Utilities; and~ (5) the Municipality has received copies of building siting plans, for all lots for which building permits are being sought, bearing the written approval of the Ganaraska and Region Conservation Authority; and, (6) the balance of all Development Levies have been paid in respect of the lot in the ~lan for which the building permit is applied for; and, (7) the Owners have deposited the Occupancy Penalty fee as required by paragraph 44 of this Agreement; and, (8) The Municipality has received a Mylar copy of the registered Plan of the subdivision. MODEL HOMES 41. DOES NOT APPLY. REQUIREMENTS FOR SALE OF LANDS. 42. The Owners further agree not to sell any or all of the said lands until: (1) any grants of easement required by the Municipality in respect of the said Lands have been conveyed by the Owners to the MunicipalitYi and, (2) where no building permit has been issued in respect of any lot proposed to be sold, the Owners have 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 Municipality with any grants of easement required for utility or drainage purposes upon the written request of the Municipality; and, (3) the Owners have obtained from the prospective purchaser a licence to Rermit the Owners and/or Municipality, to enter upon such lands to perform its obligations under this Agreement; and, (4) the Owners have inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligations set forth in this Agreement; and, (5) the Owners have inserted in the agreement to purchase entered into by the prospective purchaser, notice that the importation of suitable fill may be required to construct a s~ptic system tile bed to the satisfaction of the Durham Regional Health Unit; and, (6) the Owners have inserted in the agreement to purchase entered into by the prospective purchaser, notice that their children will only be picked up by the school bus on roads now in existence, or at another location convenient to the School Board. - L:S - , r ~ ! ~ ; ~~ 1~EQt.J1 REMENTS POR AUTHORIZATION TO OCCUpy 43. Notwithstanding the requiremenLs of any statute regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other structure, the owners shall not permi~ any building on the said Lands to be occupied, and no one shall occupy such building without the written permission of the Municipality hereinafter called an "Occupancy permit". In addition to apy other requirements contained herein, no Occupancy Permit shall be issued for any building until: (1) all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course qf asphalt, to the written approv~l of the Director: and " t ,.j , " (2) All of the drainage system required to : be constructed and installed to service,' such building has beenconstru~ted and installed to th~ ~ritten approval of " the Director, and the building has been connected thereto: and .' , t (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 Durham Region Health unit; and ,f (5) the owners I Engineer has provided the Director with written confirmation that the lot, 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 Crading and Drainage Plan. OCCUPANCY PERMIT 44. Prior to the issuance of the first building permit the Owners agree to lodge with the Municipality an irrevocable letter of credit issued by a Chartered Canadian Bank, in the amount of Five thousand two hundred . and fifty ($5,250.00) Dollars (Seven hundred and fifty ($750.00) Dollars per lot) to guarantee that occupancy does not occur in respect of any lot or block before the issuance of an Occupancy Permit for such lot or block. In the event that occupancy occurs in respect of any lot or block before the issuance of an Occupancy Permit contrary to paragraph 43, the sum of Seven Hundred and Fifty ($750.00) Dollars shall be immediately forfeited to the Municipality for each such lot or block. The letter of credit shall be reduced by an amount of Seven Hundred and Fifty ($750.00) Dollars per lot upon issuance of an Occupancy Permit for each such lot or block and the letter of credit shall be released to the Owners at such time as the last unit is ready for occupancy in accordance with the terms of this Agreement or at such earlier time as may be mutually agreed in writing by the parties. . ' , ' t. . t '. - 14 - MAINTENANCE OF ROADS AFTER ACCEPTANCE 45. Not applicable REQUIREMENTS FOR CERTIFICATE OF COMPLETION 46. The Owners agree that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director h~s provided the Owners with written confirmation thereof, referred to here- in as a "certificate of Completion". In addition to any other requirements contained herein, no Certifiaee of Completion shall be issued until: . (l) Such of the Works authorized by the Authorization to Conunence works/ for which a Certificate of Completion is required, have been inspected by the Director, and the Municipal 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 Municipality is satisfied that, in respect of the con~truction and installation of all of the Works authorized by such Authorization to commence Works, there are no outstandin9 claims relating to such Works. . ~~....~,~_. ~... ._. ...... .-..~-_.... ..-~...__.- . .' .'" .l ~ I ~. ; -' '~ ",., .,oo - 15 ... PERIOD OF REQUIRED MJ\INTENl\NCE OF WORKS 47. The Owners 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. MAINTENANCE GUARANTEE REQUIRED 48. 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 Owners shall, prior to the issuance of the Certificate of Completion for such Works, lodge with the Mun- icipality a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadiantbank, and in an amount equal to ten percent (lO%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintennce Guarantee shall be subject to the approval of the Municipal Solic~r, and the Municipal Treasurer, and shall guarantee the Works for two (2) years from the date of completion. USE OF MAINTENANCE G':JA&"\:,\'l'EE 49. The Owners agree that the Munici~ity may~ any time, by resolution of Municipal Council, authorj~e the use of all or any part of. any Maintenan~e Guarantee if the Owners~~ail to pay any costs, payable by the Owners to the Municipality under this Agreement, by the due date of the invoice for such costs. REQUIREMENTS FOR RELEASE OF PERFORMANCE GU~TEE 50. The Owners agree tht: the Municipality shall not be obliged to release to the Owners the unused portion of any' Paiormance Guarantee until: (1) A Certificate of Completion has been issued for the 'W:>rks for whm Sue!) Performance Guarantee was required; an d (2) The Owners have deposited with the Municipality the Maintenance Guarantee ~plying to those Works for which such Performance Guarantee was required; and (3) The Municipality is satisf;~d that in respect of the construction aU installdtion of the Works for which such Perfor~mance Guarantee was required, there are no outstanding claims relating to such Works. - 16 - " , . , ' . . R~6oIREMENTS FOR CERTIFICATE OF ACCEPTANCE 51. The Owners agree 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 Owners with written confirmation'there- of, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certif- icate of Acceptance shall be issued until all of the Works covered by such Cerfificate of Completion have been inspected by the Director and the Municipal 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 47 of this Agreement. ~ i OWNERSHIP OF WORKS BY.MUNICIPALITY 52. The OWners agree that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Municipality and the Owners shall have no right or claim thereto, other than as Owners of land abutting a road in which such Works are installed. REQUIREMENTS FOR RELEASE OF MAINTENANCE. GUARANTEE 53. (l) The Owners agree that the Municipality shall no~ be obliged to release to the Owners the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been issued for the Works for which such Maintenace Guarantee was required; and (b) the Municipality is satisfied that, in respect of the maintenance of all of the Works for which such Maintenace Guarantee was required, there are no outstanding claims relating to such Works. (2) portion (a) and The Municipality shall release to the Owners the unused of any Maintenance Guarantee upon fulfillment of Clause (b) of subparagraph (l) hereof. REQUIREMENTS FOR CERTIFICATE OF RELEASE' 54. Upon co~iance with subparagraphs (l), (2), and (3) hereof, the Municipality agrees to provide the Owners 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: t, ,t .;\ . ' 17 - .t-'r . .' . . ' (1) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Municipality, has provided the Municipality 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 ~ and survey monu- ments 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 Municipal. Council has, by resolution, ~ declared that the Owners are not in default of any of the provision of this Agreement. The certificate of Release shall operate as a disclB:ge of the.land described therein of all obligations of the Owners under this Agreement with the exeeption of the Owners. responsibility for drainage as provided herein and the OWners' acceptance of the conditions for applying for municipal building permits as praided herein. REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES 55.' (l) In the event that the OWners are 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 part- icularly set out in Schedule lip" hereto, the MWlicipality agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the Owners that portion of the cost,of the Oversized or External Services (which is also set out in Schedule "P") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Over- sized or External Services shall be the capacity of such services estimated to be available after the Owners have fully developed the lands. The portion of such Oversized or E~&:X:~al:,Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be calcualted 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 swn equal to the interest on the amount of the unpaid balance from time to time of the cost of the Oversized or External,Seryices calculated from the date of the issuance of the Certificate of Completion, at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branch in the City of Toronto, plus two percent (2%) . (2) In the event that payment is required to be made under this paragraph by the Municipality before the issuance of a Certificate of Completion, no interest shall be added to the cost of Oversi~ed or External Services. " J " - 18 - (3) In the event that payment is required to be made under this paragraph by the Municipality before the first anniversary of the issuance of the Certificate of Completion, interest shall be calculated at the highest prime rate charged by such bank, plus two percent (2%) from the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. SPECIAL CONDITIONS 56. (a) Ganaraska and Region Conservation Authority: The Owners hereby agree to carry out or cause to be carried out to the satisfaction of the Ganaraska and Region Conservation Authority all matters more particularly set forth in Schedule "Q" hereto. (b) Durham Regional Health Unit: The Owners agree that all lots will be made suitable for the installation of septic tank systems to the standards of the Durham Regional Health Unit. The Owners further agree that individual drilled wells are to be provided and that these shall be located within the front yards of the lots and that the sewage disposal systems shall be located in the rear yards. (c) Architectural Control: (1) The Owners covenant and agree with the Municipality that they will exercise or cause to be exercised architectural control over the design and construction of dwellings within the Plan through compliance with the following: " a) that.the.exterior'construction on all dwellings be mainly'masonry; , , . . " b) ,that theJ;'e be' a: 'variation in the design of dwelling~ to be erected; , . c) that, not more than two abutting dwellings be similar in model" type; d) that where#a dwelling unit will abut an existing residential#unit the proposed unit will be of a similar type. ~ .. (2) The Owners covenant and agree that they will, in the agreement of purchase and sale, require each builder purchasing from it to file, prior to applying for a building permit, with the Municipality a master plan to be approved by it for the lots purchased by the bui1der/ purchaser showing house types, elevations, and the distribution of model types on such lots. RESPONSIBILITY FOR DRAINAGE 57. Even after the issuance of the Certificate of Release the registered owner of each lot on the Plan shall have the sole responsibility for providing and maintaining adequate drainage of surface waters from such lot. INTEREST IN SAID LANDS 58. The Owners hereby charge all its interest in the said Lands with the obligations set out in this agreement. PAYMENT OF MUNICIPAL COSTS 59. (1) Every provision of this Agreement by which the Owners are obliged in any way shall be deemed to include the words "at the expense of the Owners" unless the context otherwise requires, , . , , , , I . ' - 19 - (2) The Owners, upon execution of this Agreement, shall reimburse the Municipality for all reasonable legal, planning, engineering or other technical advice and assistance expense~ actually incurred for the preparation and registration of this Agreement, and the legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any releases. (3) notice, records Town is The Owners shall have the right to inspect, upon reasonable during regular business hours, such accounts, invoices, time and other documents and calculations of charges for which the seeking reimbursement. (4) The Owners shall pay to the Municipality all engineering and inspection costs in accordance with the provisions of Schedule "R" hereto. UNPAID CHARGES 60. The due dates 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 (1%) per centum per annum over prime rate shall be payable by the Owners to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. NOTIFICATION OF OWNER 61. If any notice is required to be given by the Municipality to the Owners in respect of this Agreement, such notice shall be mailed or delivered to: Newcastle Shoreline Properties Limited, c/o Mr: D. J. P1itz, R. R. ,1f2, Claremont, Ontario, LOR 1EO. or such address as the Owners have notified the Municipality in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of thi~ Agreement. ~ REGISTRATION OF AGREEMENT 4 4 62. The Owners hereby consent to the registration of this Agreement by the Municipality and covenant and agree not to register or permit the registration of any document after registration, of the plan of subdivision of 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. RENEGOTIATION AND AMENDMENT OF AGREEMENT 63. (1) The Owners agree that the Municipality 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 Owners agree not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Minister approves a Plan of Subdivision for the said lands which is substantially different from the Plan attached hereto as Schedule "B", or, (ii) the Plan of Subdivision is not finally approved by the Minister and registered within eighteen (18) months of the date of the execution nf this Agreement; or, (iii) the agreement between the Owners and the Regional Municipality of Durham 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 provision of such agreement affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or, (iv) no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the plan, and failing agreement, this agreement shall be null and void. , It r '(~r 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 acknoledge that at the time of the exe~ion of this agreement, only a red lined copy of the plan of subdivision is in existence and all description in this Agreement and the Schedules annexed hereto refer to the descriptions in the red lined plan annexed hereto as Schedule "B". upon the final plan of subdivision being approved by the Minister of Housing the final plan shall be substituted for the ,red lined plan annexed as Schedule "B" and all amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules, (and without limiting the generali ty of the foregoing, in particular Schedules "B", "E", '"F II, "G",IlN","O",'p11&"Q") with the final plan of subdivisionl MUNICIPALITY TO ACT PROMPTLY 64. Whereyer the MuniCipality, or the Solicitor, or the Treasurer for the Mu~icipality, or the Diector, 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 shail be made promptly and in- all respects the Municipality and its officers, servants or agents shall act reasonably. :- ASSIGNMENT OF AGREEMENT 65. The Owners shall not assign this Agreement without prior w~xtten consent of the Municipality and no such assignment shall relieve the OWners of any of his obligations under this Agreement. SCHEDULES TO AGREEMENT . 66. The ~ollowing schedules which are identified by the signatures of the parties to tlis 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" "Legal description of said lands II Schedule "B" "Plan of Subdivision for final approval II Schedule "C" "Charges against said lands" Schedule "D II "Development Charges" Schedule "E" "Grants of easements to be dedicated" 5chcd ule II F' II "Lands and/or cash to be dedicated" Schedule "G" "Works required" , . , . - 21 - SCHEDULE "H" SCHEDULE "I" SCHEDULE "J" SCHEDULE "K" SCHEDULE "L" SCHEDULE "M" SCHEDULE "N" SCHEDULE " 0" SCHEDULE "P" SCHEDULE " Q" SCHEDULE " R" SCHEDULE "S" SUCCESSORS "Utilities required" "Duties of Owners Engineer" "Cost Estimates" "Insurance Policies required" "Regulations for construction" "Use of said lands" "Lands Unsuitable for Building" "Lands Requiring Site Plans" "Oversized and/or External Services" "Ganaraska Region Conservation Authority Works" "Administration Fees" "Minister's Conditions" 67. 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. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written, and the parties hereto have hereunto affixed their corporate seals attested by the hands of their proper signing officers duly authorized in that behalf. ~ SIGNED, SEALED AND DELIVERED in the presence of: .. ) ) ) ) ) ) ) ) ) ) ) ) ) ) NEWCASTLE SHORELINE PROPERTIES LIMITED, ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE, pe~~L?~d ~. (~ (,~A: Per: &/~- e,~. , clIrqf)~ ~e~ I 4ct , , . . . J Jlp,?tt . SCHEDULE "A" This Schedule "A" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited, is on 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 the Village of Newcastle, in the County of Durham), and being composed of part of Lot 25 in the Broken Front Concession of the Geographic Township of Clarke, and being more particularly described as follows: Part 1 on a Reference Plan deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) as Number 10R-17S~ . ,..,\~ ~ BEINCr- r j;)(2s...::.l- ;;< ~ - I; 'S ~ '-..11 ~ N I3 ,I=" c:..C)N. c-. L A62.K e- L N E \)0.} cJ\ "5.'\ LE. ) / THIS IS SCHEDULE "A" OF A SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE, AND NEWCASTLE SHORELINE PROPERTIES LIMITED. THE CORPORATION OF THE TOWN OF NEWCASTLE, pe~~~ ~~ NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: Ii~ President ~"b fl-.-e~r Secretary " ~ SCHEDULE "B" ~ . THIS IS SCHEDULE liB" of a Subdivision Agreement between Shoreline Properties Limited. The Corporation of the Town of Newcastle, and Newcastle SIGNED, SEALED AND DELIVERED in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF :~~ ~~ L~.~.,~ NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: &.L J~ j:.h. J/rL>'AC~. ~. , , PLAN OF PART TOWNS~I P TOWN REGIONAL SCALE' - OF LOT OF SUBDIVISION 25 BROKEN FRONT CONCESSION J CLARKE now in the :) OF NEWCASTLE DURHAM O. L, S. OF MUNlel PALITY OF 1000 C. F: FLEISCHMANN 1981.. '~ 10 20 30 40m ~ METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES AN 0 CAN BE CONVERT EO TO FEET BY DiVIDINO BY 0.3048 ~ 'i PLAN ,M I CERTIFY THAT THIS PLAN M ~ __ __IS REGISTERED IN THE LAND REGISTRY OFFICE FOA THE LAND TITLES DIVISION OF NEWCASTLE (N910) AT _ _ _ _O.CLOCK ON IHE___ DAY OF________.19___,ANO ENTERED IN THE REGISTER FOR PARCEL ____ _ ___ ~ - - _. SECTlON______ _ _, AND REQUIRED CONSENTS AND AFFIDAVITS ARE REGISTERED AS PLAN ~~UMENT N9 LAN 0 REGISTRAR APPROVED_ __ ___---:..___~___ EXAMINER OF SURVEYS N.€ ANGU OF 21 r t(') LOT 2',8, F. CON " J tAceOROIH<J TO PLA/'t lOA' 3&'1 "" r15 rf- o.J (\1 ~ ,., ~ IJ) to 1-- \,) ("" ... -~ -., '1 tG_ ~ l!.J () ~) LJJ t" ....;;.. "..... ~.:> oj L_ \\J . tJJ en o <'! () 0:: l_ _-""IV 860~. ------ 10. J6 ., IO"I! · 10.06n, IS. (~.g~___~__~.__. ". ' , I ........ --"'-'-~ I~ ri I IllJ I # I~.) J ~ ';i I I ! ~ I. I I.~:~ ~ I I~~~ I 'Mall I i I ~ Q. I I~ ~~ I I 6~ L._ __ I ~ --- "'-',"--... 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NOTE ~ BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO lHE N 86017' E OF A SOUTH LIMIT OF LAKESHORE ,ROAD AS SHOWN ON PLAN lOR ~ 36~ , TOWN OF NEWCASTLE ,REGIONAL MUNICIPALITY OF DURHAM. STANDARD IRON BARS , SHOWN THUS SIB. 16mm. sq. IRON eARS , 60 em. LONG . SHOWN THUS lB. MONUMENTAT ION FOUND .' MONUMENTATION PLANTED -0-- ,~ .8~ 1'0.0 '1',' o o ~ ;J Sg~ tlo '0 !} ~ JUNf ()''''I'/~41J;( /0. ;J.. :~~ .~~ o to i THE LIMIT OF LAKE ONTARIO AS SHOWN HEREON IS THE BEST AVAILABLE EVIDENCE OF THE ORIGINAL HIGH WATER MARK OR WATER'S EDGE EXISTING AT THE. TIME OF tHE ORIGINAL SURVEY OF THE TOWNSHIP OF CLARKE. QWNER.'S SURVEYOR'S CERT I FICATE : CERTIFICATE: I. THIS IS TO CERTIFY ,,,xHAT LOTS I TO 7. 80TH INCLUSIVE ,ANO"JHE STREET WIOENING, NAMELY BLOCK 8 ,HAVE BEEN LAID OUT IN ACCORDANCE WITH OUR INSTRUCTIONS. 2. THE STREET WIDENING IS HEREBY DEDICATED AS A PU8LIC HIGHWAY I CERTIFY THAT I I. THIS SURVEY AND PLAN A'RE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND T HE ,LAND TITLES ACT AND THE REGUlATIO,NS MADE THEREUNOER. 2. THE SURVEY WAS COMPLETED ON THE th, DAY OF . 1981. DATE 0 THE DAY OF t 1,981. NEWCASTLE SHORELINE PROPERTIES LIMITED ~~ OATE . oJ , DATE' C.F. FL~ISCHMANN ONTARIO LAND SURVEYOR OLE JENSEN, PRESIDENT f) .., (() \0 , .. .' . , . .0 '< (' .; ..... , ,.... l'c ore ~.. ... ... ~( ....J 0.. -. '-- ....... I J ~ ... ,....... ,,) ......J L**J --~ OONEVAN 8 FLEISCHMANN CO, LTD. ONTARIO lAND SURVEYORS II ONTARIO ST. SHERiDAN MAll>> OSHAWA . LtO 4Y6 PICKERING. LtV leS 725.4795,683"3701 639" 8693 DRAWN BY: J.D.J. CHI<D BY: <J.C.'. SCAl! ~ I: 1000 JOe N~,." 1442 F --_. ---1 1';' . PLAN OF PART TOWNSH IP TOWN REGIONAL SCALE OF LOT 25 , BROKEN OF CLARKE OF MUNIC I PA.LITY OF 1000 , G. DOUGLAS OF . 10m o !(l 20 3) 40m ------. --- "--.. ---------.. l1>I.JIttIO~.~ -- _~_t 304 ItC r) ----- r I i I i -'- '{"I ,-, ... ':f 1-:, ~ ! ' i I I '~ .... I I i ~ \0 ~. I I ! i f ~ ~J I I J , I ( I I i I I I i ~ 0' \ '''V-'' .~ o 01 ~: i I.. i C- /. ~. I · / ."' ~: I f--1 I , I / I :..... ~, f ______ I ~ ~i ./1 ~B I ~ l: r ..T:~"91'<') J Q: I. I 0/ Sf'T SI& ,~! I ;;.;$/1/ 3 "-~ I '.!...~ ': ',': '-~~ G. ~: J..~ c;: ..~ 1". ~ .~ " .:-- ... . ~....::~, r I r I f ~r jo;- 1:1 ~ " . ,-'" ~ " " ~ "'( G " .. r.,j ~ < , /~~ \, \ ,/ ...... aO" 0. \' V .... <... " ~ ....- ...., ~ <~ ... ~o COt!" 04s ....- ~ , SURVEY FRONT CONCESSION, the '.. NEWCASTLE DURHAM COGGAN) O. L.S. now in 1983. '(- ~ R()~ '" I ..J I 0" , c7' 10" E 1N860 P~H' ?5E INs. 'f./!2 57?9li! .-----... "- j.. . ,( ,,~ \ 0' /0, ,... \ \ PARr I '-:', ,? -'I" r !'e -of> ::-:/.:,' -1... , ,",//":~c> /1 --. '.... --- ...._~ 89 --,......_ ?'5 , --~.~ ~ ~41 --... __ 0" -::~ EsrAiJl 0.,.... /SI'YEo 1<1 ~ 18 WIT ; ;"~tr": 0" " ~ 6096 N74ol.'2'IO"E ,It/Nt' _.~ ~:o t;;o o C> Z ", t., o lv' T ,4 ,9 " () f I CLARIi,E 8 F - 25 - I 't [ A,~'[.,~.t t..."'tf _.___,' ,or i'5,8 F CON .. C \..~JRO'" TO PLAte l'.Jfll 306!> /11 --------.. 181N~~..:.::-:: 1 -------- -'- Iv . _._.-_~.~_0/_7~~. [ I ....- '~- .--.. I I I I I I , I 1I.-: (\.! JI> d5 7" ~ . ~ ... i , ':, rJ) ~- ,.-.. --./ I _J ~ .I -...- -7 c::._ LJJ lJ.J -'> :> ~- L'J aJ 1 ,,' "\ \~ r\) ... , c..'J ~..) r \,... \ \.) \~ r \.) \..J I B I Nl1972l 1. LJ..! C) -7 0::.- <:.0 ( -> - ~;:. on r-- "" ........, '" I ~ I _oJ "~~ <( i Q-, j ~GJ Q. iN~ r;~~ P-- olz~ ". t zC <.( r-- --./ 0: R (i~- D---'--' --'-- L 7 '--'----J ,.~:t ":t '\'1-. \I ('''" ..... \ { '-... , , L --:.. ; r [' ~860 ------.:____. .. ------- , '0 27"0" -______ 36 E: _______ ~ l/yo - ~____. 10 06 I. --T- 9.?.C) t'ET} , I ,J "' I : I ! 1___.... " ... ;? 00 ~i _ ~!... ~liC C'll r---; ~l ~~; t ~_\. <::~ - , ,..; i \'>_ '" /'- ~ ' !~~! ~: ~-II) '-' j I~..... 'i I,:: ..... ~ ; 1.0,2' - t ~( '" ::;; ot , I ~Il I :sn; ! 1 o 06 'I~ :.. lO:e972) ! ~ I ~! li:j ~ J ~~ "c I tl '" i <e. ~!. .... ,r-: - -~ '---- <;,8 ,I ~ , ~/ 01 OJ ~i l! I : ...... .. j.~ c::: ~ ~, G ~; ~~ C - ~ I ~ L--." -- '-.,; ~ ........... ....J .lv, ..R/ cr. ~ ~t- .., ~ 00' o _ Z (Z) Q)1t;i '" N'z o -. t--~ . -N Ze;. !! au ">1 " , ",. 0' ~/ 15520 ---+-- ---'- ' __ ~ 3 ~8._'--1/ 18 WIT T r--...; I "---. --.J z ... b~ .ll... ...... :'''' on z. , ----- ---............... ------. -- .------- 1-. G: ':::"r ------ ~~ ~-- .. '- Q r- ... ~ '- ~~ "r - , C: ~-- r" '----' -- ' -.. -- OFACE Copy: DONEVAN a FLEISCHMANN co. LTD. I REQUI RE THIS PLAN TO BE DEPOSiTED UNDER THE LAND TiTLES ACT PLAN IOR-_L1Sb_ RECE !VED AN 0 DEPOSITED DA T Et.)~ l(~~ 1/ + JJ 8 3___ OAT~jJQ11J.TJ'f( n " I. . F. ~ -_._~~ N A"f-UR E 13, Cr. 2>oLJ~~45 ..., ~ 04i6.-1 r---.i 10) PART I - ALL OF PARCEL 25 - I, SECTION B. F CON I CLARKE. ( NEWCASTLE ) APPROVED~_Ca~ Jq~ __ ~ '(__AL_._~r.~;~ EXAMINER ~U~~YS . , I r ! , i . H 6746 CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION ._$,'.... WITHIN THE MEANING OF THE PLANNING ACT, I j I METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIV IDING BY 0.3048. "' ,., NOTE: BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE N88011'[ OF A SOUTH LIMIT OF LAKESHORE ROAD AS SHOWN ON PLAN lOR - 38~ TOWN OF NEWCASTLE. REGIONAL MUNICIPALI TY Of DURHAM. STAMOARiD IffON 'BARS .; SHOWN ,.1io. .. J. 118. ,) '\ 16"'," Iq. IRON BARS t 60 em LONG . SHOWN '. THUS 18. MONUMENTAT10N FOUND . MONUMENTATION PLANTED --G-- THE LIMIT OF LAKE ONTARIO AS SHOWN HEREON IS THE BEST AVAILABLE HIDENCE OF THE ORIGINAL HIGH -WA~R MARk at WATER'S EDGE EX,STIN8, AT THE TIME OF THE ORlGtlAL SURVEY OF THE TOWNSHIP OF CLARKE. ,- SURVEYOR'S CERTI FICATE: I CERTI FY THAT TH IS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH TH E SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE THEREUNDER, 2 THE SURVEY WAS COMPLETt'O ON THE 311t DAY OF OClellER t 1983. NOVEMBER I, '983 ,; \ /7 x..-'. ~- ~3;:-" ~ - ::-- G. OOUGLAS' CQGGAN ONTARIO LAHD SURVEYOR DATE .. DON EVAN ONTARIO I I ONTARIO ST., OSHAWA ,LIG 4Y6. 0 72~.419D,183.J101 OOAWNBY:m.....j.(C.S,TJ CHI<D BY: G. C.Fo a FLEISCHMANN CO. LTD. SURVEVORS SHERIDAN' MALL, PICKERIll, UV '88. 8H- _a SCALE- I: 1000 "08 Nil 1.14428. LAND ,- <' .-; \ ' .. .. SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. (1) MUNICIPAL TAXES Amount Owing as of the Date of Execution of Agreement (2) LOCAL IMPROVEMENT CHARGES NIL (3) DRAINAGE CHARGES NIL SIGNED, SEALED AND DELIVERED In the presence of: ) THE CORPORATION OF qHE TOWN OF NEWCASTLE )~ ~ ) ~~~ ) ~-AYOR ~ C · /-bJ.~ ) CLERK ) ) ) ) ) ) ) ) ) NEWCA~; SH.ORELINE PROPERTIES LIMITED PER:~tf~ ~fA. ~rf) \mC~,~.~ j. THIS SCHEDULE IS SCHEDULE 11011 to the Agreement whi ch has been authori zed and approved by By-l aw No. ~'f- c..f<./ of the Corporation of the Town of Newcastle, enacted and passed the "2.{. ~ day of ~ 1984. DEVELOPMENT CHARGES The Owner shall pay to the Town development charges in the amount of Four Thousand, Three Hundred and Seventy-Five Dollars ($4,375.00) (calculated at the rate of Six Hundred and Twenty-five Dollars ($625.00) for each dwelling unit), fire protection charges in the amount of Three Thousand Eight Hundred Eighty-Five ($3,885.00) Dollars (ca1cu)ated at the rate of Five Hundred Fifty-Five ($555.00) Dollars for each dwelling unit), and charges for the upgrading of the C.N.R. underpass on Mill Street in the amount of Three Hundred Ei ghty-Fi ve ($385.00) 0011 ars (cal cul ated at the rate of Fi fty-Five ($55.00) Dollars for each dwelling unit), which shall be paid as follows: 50% of the aforesaid 'sum forthwith upon the date of execution of this Agreement 50% of the aforesaid sum at the date of the issuance of the building permit for the first dwelling unit 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 ~his 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 due. IN WITNESS WHEREOF the parti eshereto have hereunto set their hands and seal s the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ) ) ) ) ) ~ ) ) ) ) l ) o1IfJ.hl e~, NE~STL~::~INE PROPERTIES LIMITED ;2. President Secretary '. ' , , SCHEDULE "E" THIS IS SCHEDULE "E" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. GRANTS OF EASEMENTS SIGNED, SEALED AND DELIVERED) in the presence of: ) 4 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ! t NIL THE CORPORATION OF THE TOWN OF NE~ . (4 Per: ~~ ~h/ ~.~.~ NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: & ~ ~, Y--J>.Jn,~r ~. I I, i . . THIS SCHEDULE IS SCHEDULE "F" to the Agreement between the Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. DEDICATION OF LANDS The Owners shall upon the execution of this Agreement and prior to the registration of the Plan, deliver to the Municipality executed Deeds of conveyance sufficient to vest in the Municipality absolute title in fee simple and free and clear of all liens and charges and encumbrances and easements to Block A on the Plan of Subdivision registered as Plan No. and to the lands and premises more particularly described as follows: Parts 1,2,3,4 and 5 on Plan of Survey deposited in the Registry Office for the Registry Division of Newcastle (No. 10) as Plan 10R-1819. CASH IN LIEU OF LANDS The Owners shall pay to the Munipality, as cash in lieu of the dedication for public purposes = five percent (5%) of the market value of the subject lands agreed on at $144,000.00 = $7,200.00 upon the execution of this Agreement and prior to the registration of the Plan. The Owners hereby agree that the plan number referred to in this Schedule may be added by the Municipality subsequent to the execution of this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto _ affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In t he presence of: ) THE COR RATION OF THE TOWN OF NEWCASTLE ) ( ) ) ) ~ ~ NEWCASTLE SHORELINE PROPERTIES LIMITED ) It l~~ ) ~ J/~. a C~f .)k. ~, ~ " THIS SCHEDULE IS SCHEDULE "G" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. 1. STORM SEWER SYSTEM The Owners agree to construct, install, and maintain complete storm drainage system to serve the said lands, including all ditches, culverts, swales and any other appurtenances and equipment in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, to the satisfaction of the Director of Publ i c Works. The Owners shall also, at no expense to the Municipality, arrange for the disposal of all storm water in and from the subdivision, which may be obstructed by the Owner's development, satisfactory to the Director of Public Works. 2. ROADWAYS The Owner shall construct and install the following services on the various streets, shown on the Plan as follows:- (a) The Owners agree to pay to the Municipality at the time of execution, fifty (50%) per cent of the total estimated cost of reconstructing the roadway abutting the lands known as Lakeshore Road, from the road allowance between Lots 24 and 25, to the west limit of the lands, in accordance with the "Estimated Costs of Works" contained within Schedule "J" hereto. (b) The Owners shall construct and install, to the satisfaction of the Director of Public Works, and in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, the following services on Lakeshore Road abutting the lands: (i) any ditching for drainage purposes and the seeding and mulching of the ditches between the edges of the shoulders and the property line; (ii) street lighting on Lakeshore Road; and (iii) the Owners agree to complete any other ditching required, and to install any culverts required along the road allowance fronting the subdivision to the satisfaction of the Director of Public Works. 3. LANDSCAPING The Owners agree to plant one tree for each 15.0 metres of lot frontage, to the satisfaction of the Director of Public Works. Trees are to be either Crimson King or Norway Maple or another species hardy to the Newcastle area subject to the approval of the Director. Each tree will be a minimum of 3.0 metres in height and have a minimum caliper of 5.0 cm. measured a minimum of 0.3 metres above ground level. All trees must be planted under the supervision of a horticulturist or nurseryman and are to be guaranteed for a period of one year from the date of planting. SIGNED, SEALED AND DELIVERED In the Presence of: ) ) THE CO~PORATION OF THE TOWN OF NEWCASTLE 1~~L/ ~~ ~~~.~ ) ) ) ) ) ) ) ) NEWCASTLE SHORELINE PROPERTIES LIMITED t~ ~~ AJ~ /L 0:7//7 J.tc~. 4, I . .. SCHEDULE uH" THIS IS SCHEDULE "H" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. (1) ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate Public Utilities Commission having jurisdiction for the design, provision and installation of an electrical supply system to serve the lands, in the locations as approved by the Direction. All secondary electrical services are to be installed underground, and all primary services above ground. (2) STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate Public Utilities Commission having jurisdiction for the design, provision and installation of a complete street lighting system to serve the said lands on behalf of the Municipality in whose owner- ship 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 the 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. SIG~ED, SEALED AND DELIVERED in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE pe~~/ ....y. t1-~..~, W~~ NEWCASTLE SHORELINE PROPERTIES LIHITED Per: f) / 1 fJ{. ~ j!J-. J/ LJ. 'Jh. e c~. _~ < " .' . .. SCHEDULE "I" Subdivision Agreement between T~e co:p~radtion THIS IS SCHEDULE "I" of a and Newcastle Shoreline Propert1es L1m1te . of the Town of Newcastle, DUTIES OF OWNERS ENGINEERS (l) DESIGN WORKS AND PRIVATE WORKS The OWners Engineers shall design all the Works. PREPARE DRAWINGS I PLANS AND DOCUMENTS The approval of the Director shall not absolve the Owners or the Owners Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. (2)REPRESENT OWNERS AND OBTAIN APPROVALS The Owners Engineer shall act as the Owners representative in all matters pertaining to the construction and installation of the Works ana shall Co-operate with the Municipality to obtain the necessary approvals for construction and installation. (3) PROVIDE RESIDENT SUPERVISION The OWners Engineer shall provide fully qualified supervisory layout and inspection staff to provide continous s~rvice during all phases of the construction and installations of the Works and the Private Works and to perfonn the following: (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and (b) inspect the construction and installftion 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 sheduling 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 durin~. the construction and installation; and . ' , '. - 2 - (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-Constructed drawings. (4) MAINTAIN RECORDS The Owners Engineer shall maintain all records pertaining to the construction and installation. (5) PROVIDE PROGRESS REPORTS The Owners Engineer shall provide the Director with reports on the progress or the construction and installation on a monthly basis, or at such other interval as approved by the Director. (6) PREPARE AS-CONSTRUCTED DRAWINGS The Owners Engineer shall prepare the As-Constructed Drawings for the approval of the Director. SIGNED, SEALED AND DELIVERED) in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEW~ ' Per" e;~~4/~.,) L~~ ,,~ , NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: a l~ ~. fJ/.--LJ 'M..-e~ ' 1"C. { " . SCHEDULE IIJII THIS IS SCHEDULE "J" of an Agreement between the CORPORATION OF THE TOWN OF NEWCASTLE and NEWCASTLE SHORELINE PROPERTIES LIMITEO. WORK COST ESTIMATES PART 1 - FUTURE ROAD RECONSTRUCTION Frontage on Existing Road - 345.40m 1. Excavation 3454m3 @ $3.15 $ 10,880.00 2. Granular IIB" Gravel 1385m3 @ $11.55 16 ,11 0 . 00 3. Granular "A" Gravel 617m3 @ $13.65 8,420.00 4. HL6 Asphalt Binder 93m3 @ $99.75 9,280.00 5. HL3 Asphalt Surface 933 @ $99.75 9,280.00 6. Topsoil & Sod 2763m2 @ $2.65 7,320.00 7. Relocate Hydro Poles 17 @ $525.00 8,920.00 8. Engineering & Contingencies @ 15% 10,530.00 Total Part 1 $ 80,740.00 Owner's Share @ 50% $ 40,370.00 PART 2 - INITIAL CONSTRUCTION 2. Street Lighting 4 @ $525.00 Tree Planting 23 @ $78.75 $ 2,100.00 1,810.00 1. Total Part 2 Owner's Share @ 100% $ 3,910.00 $ 3,910.00 OWNER'S SHARE OF TOTAL WORKS COST $ 44,280.00 THEREFORE, 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, 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. SIGNED, SEALED AND DELIVERED In the presence of: l~~WCAmE ) M YOR l . lo,:-..;td . .....- ) CLERK ) ) ) ) ) ) l elI.!)- kc~- k NEWCASTLE SHORELINE PROPERTIES LIMITED Ill./~. ;[Md / / I .~, SCHEDULE ilK" , " THIS IS SCHEDULE "K" of a Subdivision Agreement between T~e C07"P:>ration of the Town of Newcastle, and Newcastle Shoreline Propert1€S L1ID1ted. INSURANCE pOLICIES REQUIRED (1) TYPES OF COVERAGE REQUIRED The Owners shall obtain and maLntain insurance of the character commonly referred to as public liability and property damage with an insurance company appoved by the Municipal Treasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Municipality against all damages or clai~m~ for damages for: . I (a) ,any loss or damage that or any of the utilities respectively; and shall or may happen to any of the Works or to any part or parts thereof \.. (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 ~he utilities or any part or parts thereof respectively; and (c) any injury to any person or porsons including wo~krnen employed on the said Lands and the pubJic; and (d) any loss or d~age that shall or may result from the storage, use or handling of explosives; and (e) any loss or damage that shall pr may result from the drainage of surface waters on or fram tne said lands; and .. (f) any loss or damage that shall pr may result fromthe disposal of effluent from any sewage di~posal works; and , c (g) any loss or damage that shall pr may happen to any public road or to any other property of thp Muncipality or to the property of any other person either dirpctly or indirectly by reason 'of the Owners undertaking the dcvl'lopment of the said Lands together with any or all of the works and U'ilities pertaining thereto; (2) AMOUNTS OF <OVERAGE REQUIRED policy or policies of insurance shaJl be issued jointly in the names of the Owners and the Municipality i)nd shall provide the following ~~n~um 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 occurrence of property damage. (3) EXEMPTIONS OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no exemptions or limitations for: .. - 2 - a) any shoring, underpinning, raising or demolition of any building, or structure; or 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. 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. SIGNED, SEALED AND DELIVERED in the presence of: ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE, ~ pe~.:P~ ~~ ~ 4l~.~=;~ ) ) ) ) ) ) ) ) ) ) NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: !kl~ I?.L, , c:JI~,~e~( $'~, '" ~ .. " .. . . SCHEDULE "L" THIS IS SCHEDULE "L" of a Subdivision Agreement between the Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Ltd. (1) REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. (2) REMOVAL OF TOP SOIL The Owner shall not remove any top soil from the said Lands except for construction purposes and such top soil must remain within the limits of the said Lands. (3) DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed any fill from any lands to be dedicated to the Municipality other than th~ roads within the limits of the said Lands, without the written consent of the Director. l' (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 Municipality 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 QUANTITATIVE TESTS The Owner agrees that the Municipality may have qualitative or quantitative tests mad~ 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 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 untravel1ed portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. (7) WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the Lands a programme of weed and rat control to the satisfaction of the Director. , , ..,. -. .; ! , ' " - 2 - (8) PERMISSION TO BURN The Owner shall, prior to setting any fires on the subject Lands, obtain permission from the Newcastle Fire Department. SIGNED, SEALED AND DELIVERED ) in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4 THE CORPORATION OF THE TOWN OF NEWCASTLE, per~~~:/ ~ Jl,..~. (~d>=<6 NEWCASTLE SHORELINE PROPERTIES LIMITED, Per, fL I~ ;-, :JI,-J"fr.-e~, ~l " ,~ SCHEDULE "1'1" THIS IS SCHEDULE "M" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. USE OF SAID LANDS The Owners agree that the said lands shall not be used for any purpose other than as set out in the following table. !I LOT OR BLOCK NUMBER LAND USE ALL In accordance with the provisions of Restricted Area By-law 79-44, as amended, of the Town of Newcastle. SIGNED, SEALED AND DELIVERED ) in the presence of: / ) ) ) ) ) ~ ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE, pe~~ ~d /~.C~~ NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: &~ &. ,//rLJ.~(l~~ JA...-I . . .. SCHEDULE "N" THIS IS SCHEDULE "N" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. LANDS UNSUITABLE FOR BUILDING The Owners agree 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 Ganaraska and Region Conservation Authority. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED Lots 1 to 7 inclusive The submission and approval of building siting plans. SIGNED, SEALED AND DELIVERED in the presence of: ) ) ) THE CORPORATION OF THE TOWN OF ~ NEWCASTLE, ( l per<~~~~ ) ~ ~ LO~. ~,~c ) ) ) ) ) ) ) ) ) ) 4 NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: &?~ & . ~r,t>.;k.~~( s:k,. .. . . . . " l . ' . .~ SCHEDULE "0" THIS IS SCHEDULE "0" of a Subdivision Agreement between the Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. LANDS REQUIRING SITE PLAN The Owner agrees that no application shall be made for a building permit for the erection of any building or structure on any of the lands listed in the following table until a Site Plan Agreement has been entered into with the Municipality and the Building Permit complies in all respects with the terms of the Site Plan Agreement. LOT OR BLOCK NUMBER Nil SIGNED, SEALED AND DELIVERED in the presence of: 4 ) ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE, lpe~~~ l dJ~.~,dJc ) ) ) ) ) ) ) ) )) r L-/ NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: &~ , , ~\ :J/r,l).;kt.c~, Sk. .< . I ,~ . . SCHEDULE "P" THIS IS SCHEDULE "P" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. OVERSIZED AND/OR EXTERNAL SERVICES AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES. SIGNED, SEALED AND DELIVERED in the presence of: NIL. !I I ! i i: ) l' THE CORPORATION OF THE TOWN OF ) NEWCASTLE, ~ per~~ ~ ~~,= ) ) ) ) ) ) ) ) ) ) ) NEWCASTLE SHORELINE PROPERTIES LIMITED, fL~ Per: ~ ;7Irp/),;k-e~r ~< . ,,", \ . ~ ,,. SCHEDULE "Q" . THIS IS SCHEDULE "Q" of a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. GANARASKA REGION CONSERVATION AUTHORITY'S WORKS The Owner agrees: a) to neither place nor remove fill of any kind, whether originating on the site or elsewhere; nor alter any existing vegetation south of the Building Setback Line, as shown on the draft plan without the written consent of the Ganaraska Region Conservation Authority. b) that prior to initiating any shoreline alterations or stabilization works of any kind south of the Building Setback Line, to prepare a detailed engineering plan acceptable to the Ministry of Natural Resources which will show the extent of the erosion problem, the means proposed to control erosion, and the probable impact on other riparian owners. c) that prior to initiating any grading or construction on the site, to erect a snow fence, or other suitable barrier, along the Building Setback Line to prevent the unauthorized dumping of fill or alteration of vegetation within the shoreline buffer area. This barrier shall remain in place until all grading, construction and re-sodding of the site is completed. d) that prior to applying to the Municipality for Building permits in respect of Lots lto 7 inclusive, to submit building siting plans to the Ganaraska Region Conservation Authority for their written approval. 4 SIGNED, SEALED AND DELIVERED in the presence of: ) ) ) ) THE CORPORATION OF THE TOWN OF ) NEWCASTLE, ))) Per' _ // ~+' ~ ~~ l -;JJ~. dk. ~A.A ) ) ) ) ) ) ) ) ) NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: 1lL1~ k. . ~,~ ,^p~< Jk-. . . . t. " .., SCHEDULE "R" THIS IS SCHEDULE "R" to a Subdivision Agreement between The Corporation of the Town of Newcastle, and Newcastle Shoreline Properties Limited. ADMINISTRATION FEES FOR DEVELOPMENT ESTIMATED COSTS OF WORKS Less than $50,000.00 $50,000.00 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 ENGINEERING FEES Actual cost of services up to a MAXIMUM of $5,000.00. $5,000.00 or 4% of the total estimated cost of services whichever is greater. $5,000.00 or 3.5% of the estimated cost of services whichever is greater. $20,350.00 or 3% of the estimated cost of services whichever is greater. $33,000.00 or 2.5% of the estimated cost of services whichever is greater. $55,000.00 or 2.25% of the estimated cost of services whichever is greater. $74,250.00 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 Underground Hydro Distribution Systems shall not be included for the purposes of calculating administration fees as contemplated by this Schedule. SIGNED, SEALED AND DELIVERED) in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE, pe~4~4'" -dJ~.~, ~A NEWCASTLE SHORELINE PROPERTIES LIMITED, Per: &l~ ~rpt) ./H.,e~( ~( &. . ~. I , j, '.}... . SCHEDULE "S" " THIS IS SCHEDULE "s" of a Subdivision Agreement between The Corporation of the Town of' Newcastle, and Newcastle Shoreline Properties Limited. cllclISTER'S CONDITIONS: 1. That this approval applies to the draft plan drawing number 1-1448, by Donevan and Fleischmann, Ontario Land Surveyors, dated January 23, 1979, which shows a total of 7 estate residential single family lots and one block. 2. That sufficient land, as indicated on the draft plan, shall be dedicated as public highways to widen Lakeshore Road to increase the road allowance width to 20 metres. 3. That the owner conveys up to 5% of the land included in the plan to the Municipality for park purposes under Section 33 (5) (a) of The Planning Act. Alternatively, the Municipality may accept cash in lieu of all or a portion of the conveyance and, under Section 33 (8) of The Planning Act, the Municipality is authorized to do so. 4. That prior to the signing of the final plan by the Minister, we are to be advised that the proposed subdivision conforms with the restricted area by-law in effect for the Hunicipa1ity. Furthermore, the lands south of the Building Setback Line, as shown in red on the draft approved plan, shall be placed in an appropriate zoning category to the satisfaction of the Minis.try of Natural Resources and Ganaraska Region Conservation Authority, which would have the effect of prohibiting the location of any septic tanK; building or structure thereon, except those necessary for erosion control. 5. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Town of Newcastle concerning the provision of roads, installation of services and drainage. " 6. That the Owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Regional Municipality of Durham concerning the provision of roads, installation of services and drainage. 7. That the subdivision agreement between the Owner and the Municipality contain a provision that lots will. be made suitable for septic tank systems to the standards of the Durham Regional Health Unit. Individual drilled wells are to be provided and these shall all be located in front yards. Sewage disposal systems shall be located in rear yards. ".-. I 8. That the subdivision agreement requires all agreements of purchase and sale for all lots provide notice that the importation of suitable fill may be required to construct a septic system tile bed to the satisfaction of the Durham Regional Health Unit. 9. That the subdivision agreement between the owner and the municipality contain the following provisions, with wording acceptable to the Ministry of Natural Resources and Ganaraska Region Conservation Authority wherein the owner agrees: .. 6'. 'i ,\.. . ~ ^-;;.-..... . - 2 - ," . ... (a) to neither place nor remove fill of any kind, whether originating on the site or elsewhere; nor alter any existing vegetation south of the Building Setback Line, as shown on the draft plan, without the written consent of the Ganaraska Region Conservation Authority. (b) that prior to initiating any shoreline alterations or stabilization works of any kind south of the Building Setback Line, to prepare a detailed engineering plan acceptable to the Ministry of' Natural Resources which will show the extent of the erosion 'prob1em, the means proposed to control erosion, and the probable impacts on other riparian owners. (c) that prior to initiating any grading or construction on the site, to erect a snow fence, or other suitable barrier, along the Building Setback Line to prevent the unauthorized dumping of fill or alteration of vegetation in shoreline buffer area. This barrier shall remain in place until all grading, construction and re-sodding on the site is completed. 10. That the subdivision agreement between the owner and the municipality be registered against the lands to which it applies once the plan of subdivision has been registered. 11. That before the Minister's final approval is given we are to be advised in writing by the Town of Newcastle how conditions 2, 3, 4, 5, 7, 8, 9 and 10 have been satisfied. 12. That before the Minister's final approval is given we are to be advised in writing by the Regional Municipality of Durham how condition 6 has been satisfied. 13. That before the Minister's final approval is given we are to be advised in writing by the Durham Regional Health Unit how conditions 7 and 8 have been satisfied. 14. That before the Minister's final approval is given we are'\ to be advised in writing by the Ministry of Natural Resources how conditions 9 and 10 have been satisfied. 15. That before the Minister's final approval is given we are to be advised in writing by the Ganaraska Region Conservation Authority how conditions 4 and 9 have been satisfied. SIGNED, SEALED AND DELIVERED in the presence: ) ) ) THE CORPORATION OF THE TOWN OF l NEWCAST~. (/ l per~_~", ~ -LO~,~. ~c ) ) ) ) NEWCASTLE SHORELINE PROPERTIES LIHITED, Per: Ii ~. 1 President J/, oe!) . ~ c!-~ . Secretary '" ""., I . ... ,. ~ 0...... \; .v . " "--' CERTIFICATE OF TITLE RE: Subdivision Agreement between The Corporation of the Town of Newcastle and Newcastle Shoreline Properties Limited, dated ------------------------------------------------------------ I, WALKER DOUGLAS CLARK, a Solicitor of the Supreme Court of Ontario, do hereby certify that the above named owner, Newcastle Shoreline Properties Limited, is the sole owner in fee simple of all land included in the Plan Schedule "B" to this Subdivision Agreement dated I further certify that there are no mortgages or other encumbrances on the said land or any part thereof, SUBJECT ONLY to the following encumbrance. A Mortgage dated the 1st day of November, 1982 made between NEWCASTLE SHORELINE PROPERTIES LIMITED, as Mortgagor, and WILLIAM THOMAS LAKE, as Mortgagee, registered on the lst day of December, 1972 as Instrument No. 57300 and subsequently assigned to WILLIAM DAVID McCOWAN , NANCY CHRISTINE McCOWAN and DAVID BRVCE McCOWAN by Assignment of Mortgage dated the l5th day of December, 1982 and registered on the 1st day of February, 1983 as Instrument No. ll0358. This certificate is given by me to The Corporation of the Town of Newcastle for the purpose of having the said Corporation of the Town of Newcastle to reply upon it and to act on it in approving and releasing the proposed Plan of Subdivision and for certifying the title. DATED at Ajax, this (~ day of Fl ~ 4d/1984. .. l /'~ , , 1685 '"T <X::> ;::,00':: u~ IJ'I M N r--- L~ \0 ~\"'.. -.~t ,!f~' ~ i -... ~ ~ff~f' iJ:~' '. . '<~ 00 - ll^lLD: R E T WEE N: NEWCASTLE SHORELINE PROPERTIES LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE SUBDIVISION AGREEMENT ~ T. T. Edwards, t~.C.I.P. Director of Planning The Corporation of the Town of Newcastle Planning Department Municipal Offices .'< HAt.1PTON, Ontario, LOB lJO File: 18T-78006 1 1 " ) ..... ~<t.( '" -4. ,. - ~. .