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HomeMy WebLinkAbout84-47 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 84- 47 being a By-law to authorize the entering into of an Agreement with 507886 Ontario Limited and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation1s seal, an Agreement between 507886 Ontario Limited and the said Corporation dated the day of , 1984, in the form attached hereto as SChedul e "X". 2. THAT Schedule "X" attached hereto forms part of thi 5 by-l aWe BY-LAW read a first time this 9th day of Apri 1 BY-LAW read a second time this 9th day of Apri 1 BY-LAW read a thi rd time and fi nally passed thi s 9th Apri 1 1984 1984 1984 day of __4~-,/ G. B. RICKARD, MAYOR ~~~. D. W. OAKES, CLERK .\ Fi!e NO......(,..Q_:_.J..,f.~...l.J. cl . ... " ~ . ,. .~,; \ 21 6A 2 NUMBI"~''I1f''IIIII''I..nitiiiiiiitftft...n.-....._.'''' ClllIICAlI Of I..,.'MII APR Z 4 I 45 PM 'BS NEWCASTlE No. 10 BOWMANVILLE /8 ~: : P}~ID p m'\ n'PS:l~l'rV ,.tl\J'1I i,\".,,;.j~!.3 t. t\ ,~ r-1~:~". '-)01, ~W11 flf .. ",. I... . -J. 40' .... \ .. ' ~ THIS AGREEMENT made in quintuplicate this~{J)L day of ~~ 19 f<( . BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, Hereinafter called the II TOWN" OF THE FIRST PART, - and - 507886 ONTARIO LIMITED Hereinafter called the "OWNER" OF THE SECOND PART / - and - TORONTO DOMINION BANK, of the of in the Regional Municipality of Durham Herei nafter called the "MORTGAGEE" OF THE THIRD PART ~'. W ITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "Lands" and constitute 3.86 hectares; AND WHEREAS the Owner warrants that it is the registered owner of the Lands; AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the Land s; AND WHEREAS the Owner warrants that it has or will apply to the Land Division Committee of the Regional Municipality of Durham, hereinafter called the Land Division Committe, for approval of severance of the Lands; AND WHEREAS to comply with the conditions for such approval, the Owner has consented to enter into this Agreement with the Town; AND WHEREAS the Owner warrants that it has entered, or will enter into an Agreement with the Regional Municipality of Durham, hereinafter called the "Region" to satisfy the requirements of the Regional Municipality of Durham, financial and otherwise; AND WHEREAS the Owner warrants that it has or will enter into an agreement with the appropriate Public Utilities Commission or other authority or company having jurisdiction in the area of the said Lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; NOW THEREFORE in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: , \,:'"' \ " \ t, 0, -...:: \\. " " i, " '1;\ .~101" :It ," I By.law N....Y~-:2:...J Gill N.......k~..-L.#..:-J J -I: . c . . ,. - 2 - 1. DEFINITIONS In this Agreement: 1.1 IICouncil" shall mean the Council of the Corporation of the Town of Newcastle; 1 .2 IIDi rectorll shall mean the Oi rector of Publ ic Works of the Town of Newcastle or his designated representative as may be appointed by Council to act in his place; 1 .3 IITreasurerll shall mean the Treasurer of the Corporation of the Town of Newcastle; 1.4 IIDirector of Community Servicesll shall mean the Director of Community Services of the Corporation of the Town of Newcastle; 1.5 IIDirector of Planningll shall mean the Director of Planning of the Corporation of the Town of Newcastle; 1.6 IISolicitorll shall mean the Solicitor of the Corporation of the Town of Newcastl e; 1.7 IIOwnerll shall include an individual, an association, a partnership or a corporation and wherever the singular is used herein, it shall be construed as including the plural. 1.8 IICol1111issionerll shall mean the Commissioner of Planning for the Regional Municipality of Durham. I J ~ I ) - 3 - 2. GENERAL 2.1 CERTIFICATION OF OWNERSHIP (1) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the said Lands and setting out the names of all persons having an interest in the said Lands and the nature of their interest. (2) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land excluding the said Lands, which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of this Agreement. 2.2 COpy OF PLAN AND AGREEMENTS REQUIRED Subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the reference plan for the said Lands, which plan shall be the plan prepared for approval by the Land Division Committee. The said plan is attached hereto as SChedule ItBIt and is hereinafter called the ItP1anlt. The Owner shall also furnish to the Town at the time of the execution of this Agreement, one copy of the said Plan containin~ the stamp ~f approval of the Region, and a copy of the subdivision agreement entered into between the Owner and the Region with respect to the said Plan if such approval and/or Agreement is in existence at the time of the execution of this 'Agreement. If the approval or agreement with the Region is not available at the time of the execution of this Agreement, the Owner agrees to provide the Town with the Plan with the stamp of approval of the Region and a copy of the Subdivision Agreement entered into with the Region, immediately after approval is granted or the agreement signed. The Owner shall also furnish to the Town at the time of the execution of this Agreement one copy of each of the agreements entered into with the Public Utilities Commission or other authority or company having juriSdiction in the area of the said Lands for the design and installation of the utilities, or, if such agreement or agreements are not in existence at the time of the execution of this Agreement, the Owner agrees to provide the Town with a copy of each such agreement immediately after such agreement is signed. 2.3 DEDICATION OF EASEMENTS , (1) The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed transfers of easements free and clear of all encumbrances as set out in Schedu 1 e It EIt hereto. (2) If, subsequent to the registration of the Plan, but prior to the issuance of a building permit in respect of a lot or block, further easements are required for utilities or drainage, or other purposes, in respect of any lot or block within the Lands, the Owner agrees to transfer to the Town such further easements upon request. The Town shall not unreasonably request such further easements, and in no event shall a further easement be requested which would prevent the erection of a dwelling on any such lot or block. 2.4 DEDICATION OF LANDS The Owner shall, at the time of the execution of this Agreement, or such later date as may be agreed by the Owner and the Town, but not later than the registration of the Plan, deliver to the Town executed deeds of conveyance, sufficient to vest in the Town, or where applicable, in any other public authority or person, absolute title in fee simple, free and clear of all liens, charges, encumbrances and easements, the 1 ands set out in Schedule ItFIt hereto. Such conveyance shall include the dedication by the Owner to the Town of the lands required by the terms of The Planning Act, R.S.O., 1980, as amended, from time to time to be dedicated for public purposes, other than for highways, unless the Town has agreed to accept cash in lieu of such lands, as provided herein. \ 1 ~ . - 4 - 2.5 REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS . . . The aforementioned deeds and grants of easements shall be prepared by the Owner and registered at the Owner's expense at the same time as the Plan is registered. In such deeds and grants of easements the registered number of the Plan shall be left blank and the Owner hereby authorizes the Town to insert such Plan number after registration of the Plan. 2.6 LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION . - NOT APPLICABLE - 2.7 INTEREST IN SAID LANDS The Owner hereby charges all its interest in the said Lands with the obligations set out in this Agreement. 2.8 NOTIFICATION OF OWNER If any notice is required to be given by the Town to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: Terra Properties - 507886 Ontario Limited c/o R. Amyotte, 1525 Jalna Avenue MISSISSAUGA, Ontario, L5J 156 or such address as the Owner has notified the Town, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. 2.9 REGISTRATION OF AGREEMENT The Owner and Mortgagee hereby consent to the registration of this Agreement by the Town and covenant and agree not to register or permit the registration of any document after registration of the reference plan on any land included in the said Plan unless this Agreement, and any deeds, easements or other documents required to be furnished thereunder, have first been registered against the title to the land included in the Plan. 2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT (1) The Owner agrees that the Town may at its option in the circumstances set out below on thirty (30) days written notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Land Division Committee approves a Plan for the said lands which is substantially different from the Plan attached hereto as Schedule "8"; or l r '0, - 5 - (ii) the Plan is not finally approved by the Land Division Committee and deeds stamped and registered within eighteen (18) months of the date of the execution of this Agreement; or (iii) the agreement between the Owner and the Region has not been executed at the time of the execution of this Agreement, or such agreement has been executed and is subsequently amended, and the provisions of such agreement affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the Works has commenced within three (3) years from the date of registration of the plan, and failing agreement, this Agreement shall be null and void. (2) The parties may from time to time by mutual agreement amend the terms of this Agreement and any of the Schedules but an amendment shall only be effective if in writing and executed under the seals and hands of the proper offi cers of each pa rty. (3) The parties hereto acknowledge that at the time of the execution of this Agreement, that all descriptions in this Agreement and the Schedules annexed hereto refer to the descriptions in the plan annexed hereto as Schedule 11811. Upon the final plan being approved by the Land Division Committee the final plan shall be substituted fqr the plan annexed as Schedule IIBII and all amendments necessary or requisite shall be made to conform with the descriptions used in this Agreement and the Schedules (and without limiting the generality of the foregoing, in particular Schedules 11811, II Ell , IIFII, IIGII, IINII, "0", "P", and IIQ") with the final plan. 2.11 TOWN TO ACT PROMPTLY Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the Director, is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval, then such action, decision, confirmation, authorization', permission or approval shall be made promptly and in all respects the Town and its officers, servants or agents shall act reasonably. 2.12 ASSIGNMENT OF AGREEMENT The Owner shall not assign this Agreement without prior written consent of the Town and no such assignment shall relieve the Owner of any of his obligations under this Agreement. 2.13 SCHEDULES TO AGREEMENT The following schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedu1 e "A" "Legal description of said Lands" "Pl an for fi nal approval" "Charges against said Lands" "Development charges" Schedule "B" Schedu1 e "C" - Schedule "0" - Schedu1 e "E" - "Grants of easements to be dedicated" Schedule "F" - "Lands and/or cash to be dedicated" Schedu1 e "G" - "Works requi red" J 1 - 6 - Schedule "H" _ "Utilities required" Schedul e II I II "Duties of Owner's Engineer" Schedule "J" "Cost Estimates" Schedule "K" "Insurance Policies required" "Regulations for construction" Schedule II L" Schedul e "M II "Use of said lands" Schedule II WI "Lands unsuitable for building" Schedul e "0" "Lands requiring site plan" Schedule "P" "0versi zed and/or External Servi ces II Schedul e "Q" - "Conservation Authority's Works" Schedule "R" - "Engineering and Inspection Fees" 2.14 MORTGAGE The Mortgagee does hereby postpone his mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage and the Mortgagee covenants and agrees that in the event that he obtains ownership of the said lands by foreclosure or otherwise, he shall not use or develop the said lands except in conformity with the provisions of this Agreement. 2.15 SUCCESSORS This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. 2.16 PLAN APPROVAL Upon receipt of the payments herein required and upon the execution and registration of this Agreement, the Council will advise the Land Division Committee that the Town's conditions of severance have been satisfied. . - 7 - 3. FINANCIAL 3.1 PAYMENT OF TAXES The Owner shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said Lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any municipal taxes which may become due and payable by it, in respect of any of the said Lands, prior to the sale by the Owner of such lands. 3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES The Owner shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said Lands, as set out in Schedule "C" hereto. Such charges shall include the Town's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. 3.3 PAYMENT OF DRAINAGE CHARGES The Owner shall, at the time of the execution of this Agreement pay all drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act, R.S.O. 1980, against the said Lands, as, set out in Schedule IICII hereto, including the commuted value of such charges falling due after the execution of this Agreement. 3.4 PAYMENT OF DEVELOPMENT CHARGES The Owner shall pay all development levies in the amounts and at the times set out in Schedule "0" hereto. Notwithstanding the provisions of Schedule "0" as to the times at which the development charges shall be paid, the Owner shall, prior to the issuance of any building permit in respect of any lot or block, pay all remaining development charges assessed against the said lot or block. 3.5 CASH IN LIEU OF LANDS . The Owner agrees that, if the Town agrees to accept cash in lieu of the dedication by the Owner to the Town of lands for public purposes, other than highways, the amount of such cash payment shall be as set out in Schedule "F" hereto. The Owner further agrees to pay to the Town on any such cash payment as set out in Schedule "P hereto, at the time of the execution of this Agreement. 3.6 PERFORMANCE GUARANTEE REQUIRED (1) The Owner shall, prior to the issuance of any Authorization to Commence Work, lodge with the Town by cash or by means of an irrevocable letter of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owner of the provisions of this Agreement. Such cash or irrevocable letter of credit shall be in an amount equal to the Works Cost Estimate with respect to the Plan or stage of the Plan covered by the Authorization to Commence Work. (2) All documents furnished under this paragraph shall be approved by the Treasurer and the Solicitor of the Town. (3) The cash or irrevocable letter as provided in subparagraph (1) hereof are hereinafter collectively referred to as a "Performance Guarantee". 3.7 USE OF PERFORMANCE GUARANTEE The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement by due date of the invoice for such costs. ... - 8 - 3.8 INDEMNIFICATION OF TOWN AND INSURANCE The Owner covenants and agrees to indemnify the Town against all actions, causes of actions, suits, claims and demands whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Owner agrees to indemnify the Town with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement. The Owner shall also provide the insurance called for by Schedule "K" of this Agreement. 3.9 MAINTENANCE GUARANTEE PERIOD , In order to guarantee that all defects in the Works which become apparent after the issuance of a Certificate of Completion for such Works, will be properly repaired or replaced, the Owner shall, prior to the issuance of the Certificate of Completion for such Works, lOdge with the Town a Maintenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian bank, and in an amount equal to ten percent (10%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Town Solicitor, and the Town Treasurer, and shall guarantee the Works for two (2) years from the date of completion. 3.10 USE OF MAINTENANCE GUARANTEE The Owner agrees that the Town may at any time, by resolution of Town Council, authorize the use of all or any part of any Maintenance Guarantee if the Owner fails to pay any costs payable by the Owner to the Town under this Agreement, by the due date of the invoice for such costs. 3.11 REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Town the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Town is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works. 3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE (1) The Owner agrees that the Town shall not be obliged to release to the Owner the unused portion of any Maintenance Guarantee until: (a) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and (b) the Town is satisfied that, in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required, there are no outstanding claims relating to such Works. (2) The Town shall release to the Owner the unused portion of any Maintenance Guarantee upon fulfillment of Clause (a) and (b) of subparagraph (1) hereof. 3.13 PAYMENT OF MUNICIPAL COSTS (1) Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to i ncl ude the words "at the expense of the Owner" unl ess the context otherwise requires. (2) The Owner, upon the execution of this Agreement, shall reimburse the Town for all reasonable legal, planning, engineering and other technical advice and assistance actually incurred by the Town in connection with the preparation for and attendances at the Ontario Municipal Board Hearings for the approval of the proposed severances and amendments to the Town's By-law 2111, as amended. .. - 9 - (3) The Owner shall reimburse the Town for all reasonable legal expenses actually incurred for the preparation and registration of this Agreement, and the legal services contemplated by the terms of this Agreement, which shall include review of performance guarantee and the preparation of any release. (4) The Owner shall have the right to inspect, upon reasonable notice, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Town is seeking reimbursement. (5) The Owner shall pay to the Town for all engineering and inspection costs in accordance with the provisions of Schedule uRu hereto. 3.14 UNPAID CHARGES The due date of any sum of money payable herein, unless a shorter time is specified, shall be thirty (30) days after the date of the invoice. Interest at one and one-half per cent (1-1/2%) per month shall be payable by the Owner to the Town on all sums of money payable herein, which are not paid on the due dates, calculated from such due date. - 10 - 4. PLANNING 4.1 APPROVAL OF TREE PRESERVATION PLAN - NOT APPLICABLE - 4.2 USE OF SAID LANDS The Owner agrees that the said Lands shall not be used for any purpose other than that set out in Schedule "M" hereto without the prior written consent of the Town. 4.3 LANDS UNSUITABLE FOR BUILDING The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "N" hereto are unsuitable for building purposes and that no application will be made fDr a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "N" hereto for such lot or block have been satisfied to the approval of the Directors of Planning and Public Works and/or any other authorities having jurisdiction. 4.4 LANDS REQUIRING SITE PLAN The Owner covenants and agrees that no application for any bUilding permit in respect of the lots or blocks of the Plan which are set out in Schedule "0" shall be made until the Owner has ,entered into a Site Plan Agreement with the Town respecting the development of such lot and unless the application for a building permit complies in all respects with the terms of the said Site Plan Agreement. 4.5 REQUIREMENTS FOR BUILDING PERMITS Neither the execution of this Agreement by the Municipality nor the approval by the Town of the Plan for registration. nor the issuance by the Town of any Certificate of Acceptance shall be deemed to give any assurance that bUilding permits when applied for will be issued in respect of any of the said Lands. The Owner agrees that no application for any building permit in respect of any of the said Lands shall be made until: (1 ) all easements for Utilities or drainage. or other purposes across the lot or block in respect of which a building permit is proposed to be issued have been transferred to the Town; and (2) all the roads which are required to be constructed under this Agreement to provide access to the proposed building. have been constructed to at least the completed granular base. ( 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) any monies required to be paid to the Town pursuant to the Terms of this Agreement. and more particularly those charges referred to by Schedule "0" hereto. have been paid to the Town. (10) ( 11) (12) (13 ) - 11 - (5) 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 Uti1iti~s; and the Owner has satisfied the requirements of paragraph 5.10 hereof; and (6) (7) if the application for a building permit is in respect of any lot or block set out in Schedule "N" the Owner has fulfilled the conditions with respect to the lots and blocks as set out in Schedule NNN as required by paragraph 4.3 Of this Agreement; and if the application for a building permit is in respect of any lot or block as set out in Schedule "0" the Owner has entered into a Site Plan Agreement with respect to the lots or blocks as set out in Schedule "0" as requireq by paragraph 4.4 of this Agreement. the Owner has provided the Director of Planning with a mylar copy of the registered reference plan. the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standi ng. The Owners have completed construction of a fire reservoir as speci fied within Schedule "G" hereto or alternatively, have depDsited with the Municipality, a cash contribution towards the future construction of such a reservoir or capital equipment purchases for fire fighting purposes. The Owner has paid to the Town or deposited an irrevocable Letter of Credit equal to one hundred per cent (100%) of the works costs estimates as specified within Schedule "J" hereto. (8) (9) The Owner has attained the written approval of the Central Lake Ontario Conservation Authority. 4.6 MODEL HOMES AND ARCHITECTURAL CONTROL - NOT APPLICABLE - - 12 - 4.7 REQUIREMENTS FOR SALE OF LANDS The Owner agrees not to sell any or all of the said Lands until: (1) the Town has registered against the title to such lands any grant of easement in respect of such lands; and (2) where no building permit has been issued in respect of any lot or block proposed to be sold, the Owner has obtained from the prospective purchaser a covenant that such purchaser agrees at any time prior to the issuance of a building permit, to provide the Town with any grants of easement required for utility or drainage purposes upon the written request of the Town; and (3) the Owner has obtained from the prospective purchaser a licence to permit the Owner and/or Town, to enter upon such lands to perform its obligations under this Agreement; and (4) the Performance Guarantee and/or Maintenance Guarantee required pursuant to this Agreement has been deposited with the Town and is in good standing. (5) the Owner has 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; (6) the Owner has satisfied the requirements of Paragraph 5.10 hereof. 4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy NotWithstanding the requirements of any statute regulation or by-law for the issuance of any permit authorizing the occupancy of any dwelling or other structure, the Owner shall not permit any building on the said lands to be occupied, and no one shall occupy such building without the written permission of the Town hereinafter called an "Occupancy Permit". In addition to any other requirements contained herein, no Occupancy Permit shall be issued for any building until: (1) all of the roads which are required to be constructed under this Agreement, which will provide access to such building, have had the application of the base course of asphalt, to the written approval of the Director; and (2) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written approval of the Director, and the building has been connected thereto; and all of the Utilities, save telephone, required to be constructed and installed and connected to the building have been so constructed, installed and connected to the written approval of the authorities having juriSdiction over such Utilities; and the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and (3) (4) (5 ) the Owner's Engineer has provided the Director with written confirmation that the lot or block, where such building is located, conforms to the Grading and Drainage Plan, or has received the written approval of the Director with respect to any variance to the Grading and Drainage Plan. - 13 - 5. PUBLIC WORKS 5.1 TOWN WORKS REQUIRED , The Owner shall be responsible for the construction and installation of the services and landscaping more particularly referred to in Schedule "G" hereto (hereinafter called "the Works"). Until the issuance of a Certificate of Acceptance as hereinafter provided, the Works shall remain the property of the Owner and the Owner shall be fully responsible for their maintenance. After the issuance of a Certificate of Acceptance, the Works shall vest in and become the responsibility of the Town. 5.2 UTILITIES REQUIRED The Owner shall be responsible for entering into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said Lands for the design and installation of the Utilities as more particularly referred to in Schedule "W'. 5.3 OWNER'S ENGINEER The Owner shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owner's Engineer", to administer this Agreement, whose duties are set out in Schedule "III hereto. 5.4 DESIGN OF WORKS The Owner agrees that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Town. In the event of any dispute as to such standards or in the event of any dispute as to such design requirements, the decision of the Director shall be final. 5.5 APPROVAL OF ENGINEERING DRAWINGS . The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Director for all drawings of all of the Works hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for re-approval and further revisions if required by the Director, and no work shall be done unless in accordance with the said revised and re-approved drawings. 5.6 APPROVAL OF GRADING AND DRAINAGE PLAN . The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director of a plan, hereinafter called the IIGrading and Drainage Plan II , and showing thereon the existing drainage pattern on all adjacent lands, all proposed grading and drainage works for the said Lands, indicating the direction of all surface drainage, including water from adjacent lands originally flowing through, into or over the said lands to the municipal storm sewer system or any other outlet approved by the Director. This Grading and Drainage Plan shall be approved and signed by the Director prior to the construction of any services or roads on the said Lands. If no construction of the works is commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for reapproval and revision, if required by the Director and no such work shall be done unless in accordance with the said revised and reapproved drawings. 5.7 STAGING OF WORKS If the Owner wishes to construct and install the Works and utilities in stages, the Owner shall, prior to the issuance of any Authorization to Commence Work as hereinafter provided, prepare for the approval of the Council of the Town, a plan hereinafter called the "Staging Planll which divides the Plan into stages for the construction, installation and maintenance of the Works and Utilities. - 14 - The Owner shall not proceed until such Staging Plan has been approved by Council, and shall proceed only in accordance with such approved Plan, except as it may be subsequently amended with the approval of Council. 5.8 APPROVAL OF SCHEDULE OF WORKS The Owner shall, prior to the issuance of any Authorization to Commence Work, as hereinafter provided, receive the written approval of the Director of a schedule (herei nafter call ed the "Schedul e of Works ") which sets out the timing sequence in which the Owner proposes to construct and install all of, the Works and Util ities and, where the installation of the Works and Utilities are to be staged the Owner shall, prior to the Authorization to Commence Work for each such stage, receive the written approval of the Director of a Schedule of Works for such stage. The Owner shall proceed only in accordance with the approved schedule, except as it may be subsequently amended with the approval of the Director. 5.9 APPROVAL OF COST ESTIMATE The Owner agrees that, prior to the issuance of any Authorization to Commence Work as hereinafter provided, the estimated cost of construction and installation of all of the Works, hereinafter called the "Works Cost Estimate", shall be approved by the Di rector and entered in Schedule "J" hereto. If the Town has approved a Staging Plan for the sai~ Lands, the Owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stag~ Cost Estimate" shall be approved by the Director and entered in Schedule "JII hereto. " 5.10 REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS The Owner shall not commence the construction or installation of any of the Works without the written permission of the Town, hereinafter called an "Authorization to Commence Works". The Owner shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works unt 11 : (l ) the Plan has received final approval from the Land Division Committee; ( 2) the Plan has been regi stered and all deeds stamped; ( 3) the Owner has delivered copies of the Plans and Agreements as requi red by paragraph 2.2 of this Agreement; and (4) the Owner has paid to the Town any outstanding charges against the said lands required by paragraph 3.4 of this Agreement; and (5) the Owner has conveyed to the Town any easements as required by paragraph 2.3 of this Agreement, and such easements have been registered; and (6) the Owner has conveyed to the Town any lands and paid any cash as required by paragraphs 2.4 and 3.5 of this Agreement, and any such conveyance has been registered; and (7) the Owner has delivered letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stating that satiSfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 5.2 of this Agreement; and (8) the Owner has appointed an Engineer as required by paragraph 5.3 of this Agreement; and (9) the Owner has received the written approval of the Director for the Engineering Drawings as required by paragraph 5.5 of this Agreement; and (10) the Owner has received the written approval of the Director of the landscaping required as part of the Works and more particularly referred to in Schedule "6"; and - 15 - (ll) the Owner has received the written approval of the Director of the Grading and Drainage Plan as required by paragraph 5.6 of this Agreement; and (12) the Owner has received the written approval of the Director of Planning for the Tree Preservation Plan as required by paragraph 4.1 of this Agreement; (13) the Owner has received the written approval of the Council' of the Town for the Staging Plan as required by paragraph 5.7 of this Agreement; and (14) the Owner has received the written approval of the Director for the Schedule of Works as required by paragraph 5.8 of this Agreement; and (15) the Owner has received the written approval of the Director for the Works Cost Estimate and/or Stage Cost Estimate as requi red by paragraph 5.9 of this Agreement; and '(16) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works as required by paragraph 3.6 of this Agreement; and (17) the Owner has deposited with the Town any policies of insurance as required by paragraph 3.8 of this Agreement; and (18) the Owner has paid all Town costs as required by paragraph 3.13 of this Agreement as of the date of the- issuance of the Authorization to Commence Works; and (19) the Owner has paid all costs due to the Town for oversizing as required by paragraph 5.27 of this Agreement. 5.11 !!9UIREMENTS FOR A~THORIZATION OF ~UBSEqU~NT S!AGES If the Town has approved a Staging Plan for the said lands. the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the Town has issued an Authorization to Commence Works for one stage of the Plan. in addition to any other requirements contained herein. no Authorization to Commence Works shall be issued for any subsequent stage of the Plan until: (l) the Stage Cost Estimate for such stage has been approved by the Director and entered in Schedule "J" hereto; and (2) the Owner has deposited with the Town the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works. 5.12 INSPECTION AND STOP WORK . .. . The contract with any contractor employed by the Owner to construct or install any of the Works shall provide that emp~oyees or agents of the Town may. at any time. inspect the work of such contractor pertaining to the said Lands and the Director. after consultation with the Owner's Engineer. shall have the power to stop any such work in the event that. in their opinion. work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Town. 5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION . ~ ~ . .. ... 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 writi ng by the Di rector. All construction on the said Lands shall be carried out in accordance with the regulations for construction as set out in Schedule "L" hereto. 5.14 SE9UEN~~ OF CON~TRUCTION AND IN~TA~~AT~ON The Owner shall. upon the issuance of an Authorization to Commence Works. proceed to construct and install all of the Works continuously and as required by the approved Schedule of Works. . - 16 - 5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION . ~ ." .. The Owner shall, within two (2) years of the date of the issuance of an Authorization to Conunence Works, complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. 5.16 ADDITIONAL FACILITIES OR WORK REQUIRED . ~ .. If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owner shall, until the conclusion of the maintainenance guarantee period, construct or inst.ll such additional facilities and perform such additional work as the Town may request from time to time. 5.17 INCOMPLETE OR FAULTY WORK .. . If, in the opinion of the Director, the Owner is not executing or ca~sing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it. before completion. or unreasonably delays the execution of the same, or if in any other manner. the said Work is not being done properly and promptly in full compliance with the provisions of this Agreement, or in the event that the Owner neglects or ~efuses to do over again any Work which m~ be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in perfonmanee under this Agreement, then in any such case the Director on the authority of the Council of the Town may noti fy the Owner and his surety in writi ng of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director. such work may be done without prior notice. but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director. whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty (30~) percent of a contractor's charges to the Town (including any Charges for overhead and profit) or. if such work is undertaken by the Town, thirty (30~) percent of all charges incurred to complete the work. it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without Which the Municipality would not have executed this Agreement. 5.18 ENTRY FOR EMERGENCY REPAIRS . The Owner agrees that. at any time and from time to time. employees or agents of the Town may enter the said lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town. nor an assumpt ion by the Town of any 11 abl1i ty 1 n connection therewith. nor a release of the Owner from any of its obligations under this Agreement~ 5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS .. ~ r ~... .. ...'O w .. . ... ... .. .. (1) The Owner agrees to pay the cost of repairing any damages to any services which, without limiting the generality of the foregoing. shall include road. water, electrical. gas, telephone. cable television or sewer systems. and the cost of relocating any existing services. caused by the development of the said Land or any of the work required by this Agreement. provided all work is to be done to the satisfaction of the 01 rector and/or authorities responsible for such services. The Owner further agrees to pay the cost of moving any of the Works installed under this Agreement, in driveways or so close thereto as in the opinion of the Director. will interfere with the use of the driveway. ~ - 17 - (2) The Owner agrees to. if the well or private water supply of any person outside the Plan is interfered with or dewatered as I result of the construction or installation of the Works: (a) where the interference to a well or private water supply 15 short tenn duration (i.e. during the course of dewatering and excavatiQn and w1th1n one month of the complet10n of dewatering) make available to the affected party. a temporary supply of water It no cost to tae affected pa rty; or (b) where the interference to a well or:pr1vate water supply is of a long tenn durat10n. at the option of the Owner and at his expense. connect the affected party to the Town water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quant1ty at least equal to the quality and quantity of water enjoyed by the affected party prior to the 1nterference. 5.20 USE OF WORKS BY TOWN The Owner agrees that any of the Works may be used by the Town or other author1zed persons. for the purposes for wh1ch the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Town nor an assumption by the T.owo of any l1,ab111ty in connect10n therewith. nor a release of the Owner from any of his obligations under this Agreement. 5.21 MAINTENANCE OF MUNICIPAL AND PRIVATE LANDS ~. .. . (l) The Owner and any subsequent Owners of lots w1thin the Plan shall be responsible for keeping the Baseline Road free and clear of mud a debris during construct10n of any buildings and entranceways as well as during site grading and preparation. (2) The Owner shall cut all weeds and grasses on all blocks or lots within the Plan which frem t1me to time have not been conveyed by consent of the Canm1ttee including any part wh1ch has been conveyed to the Town until such time as a Certificate of Acceptance is 1ssued for all Works. 5.22 REQUIREMENTS FOR CERTIFICATE OF COMPLETION . ~ ~ The Owner agrees that the construction and installation of any of the Works authorized in an Author1zation to Commence Works shall not be deemed to be completed for the purposes of this Agreement until the Director has provided the Owner with written confirmation thereof. referred to herein as a .Certificate of Completion". In addition to any other requirements contained here1n. no Certificate of Completion shall be issued until: (1) Such of the Works authorized by the Authorization to Commence Works. for which a Certif1cate of Completion is required. have been inspected by the Director. and the Town Council has approved the wr1tten report of the Director that such Works have been constructed and installed 1n accordance with the latest version of the Engineering Drawings approved by the Director; and (2) The Town is satisfied that. 1n respect of the construct10n and installat10n of all of the Works authorized by such Authorization to Commence Works. there are no outstanding c1a1ms relat1ng to such Works. .. 18 .. 5.23 PERIOD O~ RE9UIR~D MAINTENANCE ~F W~RKS The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period of two (2) years. 5.24 RE9UIREMENTS FOR CERTIFICATE OF ACCEPTANCE . .. ,'. . ." .. The Owner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written confinnation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written -report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. 5.25 OWNERSHIP OF WORKS BY TOWN .. ~ . The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all of the Works covered by such Certificate of Acceptance shall vest in the Town and the Owner shall have no right or claim thereto, other than as an Owner of land abutting a .f"oad in which. such Works are installed. 5.26 REQUIREMENTS FOR CERTIFICATE OF RELEASE ... ... . Upon compliance with subparagraph (1), (2), and (3) hereof, the Town agrees to provide the Owner with a written release for the said Lands, referred to herein as the "Certi ficate of Release", in a fonn suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any of the requirements contained herein, the Certificate of Release for such stage shall not be issued until: (1) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Town, has provided the Town with written confinmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaCed all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Town Council has, by resolution, declared that the Owner is not in default of any of the provisions of this Agreement. ' The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided herein and the Owner's acceptance of the conditions for applying for Town building penmits as provided herein. 5.27 RE9UIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES f'" . r.. . . . . _.... . (1) In the event that the Owner is required to install oversized services (hereinafter called "Oversized Services") or services outside the limits of the Plan of Subdivision (hereinafter called "External Services") which are more particularly set out in Schedule UP" hereto, the Town agrees that upon a developer of lands outside the Plan of Subdivision connecting to such Oversized or External Services, to pay to the Owner that portion of the cost of the . Oversized or External Services (which is also set out in Schedule UP") that is equal to the proportion of the excess capacity of such Oversized or External Services which is estimated to be utilized by such developer. The excess capacity of such Oversized or External Services shall be the ca~ac1ty of such services estimated to be available after the Owner has fully developed the lands. The portion of such Oversized or External Services estimated to be utilized by a developer of lands outside the Plan of Subdivision shall be - 19 - calculated by the Director. whose decision shall be final. In detenmining the cost of the Oversi zed 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 .pH a sum equal to the interest on the amount of the unpaid balance fran time to time of the cost of the Oversized or External Services calculated from the date of the issuance of the Certificate of Completion. at the highest prime lending rate charged during the previous year by the Bank of Montreal at its main branc~ in the City of Toronto. plus two percent (2%). (2) In the event that payment is required to be made unde~ this paragraph by the Town before the issuance of a Certificate of Completion. no interest shall be added to the cost of Oversized or External Services. (3) In the event that payment is required to be made under this paragraph by the Town before the first anniversary of the issuance of the Certificate of Completion. interest shall be calculated at the highest prime rate charged by such bank. plus two percent (2%) frQm the date of the issuance of the Certificate of Completion to the date of payment. Interest shall be calculated on a per diem basis to the date of payment. 5.28 RESPONSIBILITY OF SUBSEgUENT OWNERS . . Even after the issuance of the Certificate of Release the registered owner of each lot Or block in the Plan shall have the' sole responsibility for the following: (1) The registered owner shall provide and maintain adequate drainage of surface waters from such lot or block in accordance with the approved Lot Grading ,and Drainage Plans required by Schedule .0" hereto. (2) The registered owner shall supply and install the driveway entrance. including the installation of all necessary culverts in accordance with the Town of Newcastle's Entranceway Policy and the approved Site Plan. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fi rst above wri tten 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 P';~ ~-_. M.l'ttll'lEII .. Ii. ... .........--... APP,~,..."V.~'7"I ,,--.J j~tJ J. A. B. It 1 THE CORPOR TION OF THt TOWN OF NEWCASTLE ) J ! ) I ~ ) 507886 ONTARIO LIMITED ,~~ I..L.,__;~ 4-rPZ' T~pINION BANK (Mortga~") GENtEAAL MANAGER ~ 1: 1. THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been iUthor1zed lAd approved by By.law No. ~<f-1-7 of the C9rpor!tion of the Town of Newcastle, enacted and passed the 9. 7X day of ~ 198~ LEGAL DESCRIPTION OF SAID LANDS ~ . ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Newcastle in the Regional Municipality of Durham and being composed of Part of Lot 31 and Part of Lo~ 32. Broken Front Concession 'in the Geographic Township of Darlington, and more particularly described as Parts 1 to 12 inclusive, Plan lOR-138l. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above wrltten 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: ~+ U'ROVED T. .. I; lIIlL............. f:;/?~JV W y, i,;;., r3t h... I THE CORPO TlON Of ,THE TOWN OF NEWCASnE ) ) ) l ) ) ) ~ ) ) ~ 50788~ Y . f ..I.,~~ t/<r-:F$) TORONTO DO~ (Mortga~) GENIERA~ . ~ THIS SCHEDULE IS SCHEDULE "8" to the Agreement which has been lutMri zed and approved by By-law No. 11-$/70f the Corporation of the Town of Newcastle, enacted and passed the , /;( day of ~ 198~ PLAN OF SUBDIVISION . COpy OF REGISTERED REFERENCE PLAN NO. lOR-138l ATTACHED .. ',~ IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: ~~ ~,'1I0HO 1. ., .. ......... ... c..-;r< c', . n L' ""1' I, .~ .,..- l . THE CORPORATION OF THE rOWN OF NEWCASTLE l<~~ l 507886 ONTARIO LIMITED. .. _ l- ) L.. ) . }~~~)~~ ~ < ) 1 IURON~NK - '\: - MAN" GER (MOrtgag9'P' ) ~ THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized and approved by By.law No. f'f---..:L1 of the Corporation of the Town of Newcastle, enacted and passed the If (^' day of ~ 198~ CHARGES AGAINST SAID LANDS . (1) MUNICIPAL TAXES - Any outstanding taxes payable as of the date of execution of this Agreement (2) LOCAL IMPROVEMENT CHARGES (3) DRAINAGE CHARGES $ NIL $ NIL IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year f1-rst above wr'1tten 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: -a~ ...-'\.o:-" ,u. r., ~ A ) THE CORP RATION OF {HE TOWN OF NEWCASTLE 1 ) ~ I ~ ) ~ ) I 507886 ONTARIO LIMITED ~~ 1./---I/~ , ~- -...-'i.~ t, . TORONTO ~ANK (Mortgag::) t}EN'ERiM. MAN/AGEl?' THIS SCHEDULE IS SCHEDULE MDN to the Agreement which has been authorized and approved by 8y-law No. K<{-v7 of the Corporation of the Town of Newcastle, enacted and passed the 9(;;( day of ~ 198~ DEVELOPMENT CHARGES . '" . 1) The Owner agrees to pay to the Town, prior to issuance of building penaits, by way of cash or an irrevocable Letter of Credit. the amount of $10.000. as a contribution towards rural fire fighting services. 2) The Owner agrees to pay to the Town. the amount of $30.000. pl us 15% Engineering fee towards the future reconstruction of Ba'Seline Road if. within three (3) years following registration of this agreement. a penn1tted Industrial building has not been erected upon the lands provided that the Town has not exercised its right of reneg~t1ation as stipulated by Paragraph 2.10 in which case the aforesaid amount shall also be subject to renegotiation. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year f1 rst above wr1 tten and the part 1es hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED. SEALED AND DELIVERED In the presence of: ~ THE CORPO ATION OF ~E TOWN OF NEWCASTLE ~ ) I ~ I ~ ) ~ ) ;fORW;I10 ,OOMINION BANK . (Mortgagl:') ~ GE~ERAL MANAGER PIt~ 507886 ONTARIO LIMITED ~~ {-h,~~ ;5__~ -- Ar"O~fll r. D. e. .,'~ (~ 1\ r- ) THIS SCHEDULE IS SCHEDULE "En to the Agreemen,t which has been authorized and approved by By-law No. iV-V7 of the Corporation of the Town of Neweas,ttl!, enacted and passed the q t;f day of ~ 19!5~ GRANTS OF EASEMENTS TO BE DEDICATED .. ~ . - - - -.-~J ~ The Owner shall deliver to the Town in a fonm satisfactory to the Town the following easements: (by reference plan) i) Part 10, Registered Reference Plan 10R-138l for stonn drainage purposes. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND,DELIVERED In the presence of: ~~JLe APUO~fiD " t. Il.I IIB.. '".,.............. ;.. ~ ~ - --. r--, _ c:J. . / . :.,-1 17 1 THE CORPO ATION OF ~ TOWN OF NEWCASTlE I ~ ! I l ~ Q~ ~- , CLERK 507886 ONTARIO LIMITED. .~. ~p~). I.~~~ ~INION BANK E'Mortgagcr) . ENE/RAIL MAN>AG ~ "IS SCHEDULE IS SCHEDULE uFu to the Agreement which has been authorized and approved by By-law No. f~~l of the Corporation of the Town of Newcastle, enacted and passed the 9# day of ~ 198~ LANDS AND/OR CASH TO BE DEDICATED . . . (1) DEDICATION OF LANDS The Owner shall deliver to the Town in a fonn satisfactory to the Town. deeds' to the following land: i) Part 12. Registered Reference Plan 10R-1381 for road widening purposes. (2) CASH IN LIEU OF LANDS - NOT APPLICABLE - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED. SEALED AND DELIVERED In the presence of: I THE CORP RATION OF ~E TOWN OF NEWCASTlE I M/f~ 507886 ONTARIO LIMITED .~ (~;~iJ Ly~ ,,'f 1'.(1', f~ ~ 1. II. ll. ~ I ~OOMINtON BANK {Mortga9!rl !GENERAL MANAGER . ~ MO... ............' ,~ r- -'-, \~721 ' ',.? , /~ ~ THIS SCHEDULE IS SCHEDULE uGu to the Agreement which has been authorized and approved by By-law No. 1<{-<.f7, of the Corporation of the Town of Newcastle, enacted and passed the 9"7< day of ~ 1987' WORKS ~E9UIR~D 1. STORM DRAINAGE SYSTEM The Owner agrees to obtain any easements required external to the said.lands, at no expense to the Municipality for the disposal of stonm water from the said lands. The Owner further agrees to undertake the grading of the d1'tches along Baseline Road to the satisfaction of the Director of Public Works and to the seeding and mulching of the ditches between edges of the road shoulder and the property line. 2~"STREET LIGHTING . The Owner agrees to install, to the satisfaction of the Director of Public Works, street lighting along the Baseline Road frontage. 3. CONSERVATION WORKS In addition to any works required by Schedule "Qa, the Owner shall construct, install and maintain certain conservation wQrks within this Plan, such as retaining walls, drainage channels and watercourse channelization works, including all appurtenant fences ~nd all other apparatus, in accordance with the Engineering Drawings approved by the Director of Public Works. 4. FIRE RESERVOIR The Owner agrees to pay to the Town, by means of cash or an irrevocable Letter of Credit, an amount equal to fifty percent (50S) of the estimated cost of a Fire Reservoir as specified by SChedule "Da hereto, which monies may be used by the Town, at its discretion, for either construction of a Fire Reservoir or purchase of capital equipment for rural fire fighting services. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fi rst above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED SEALED AND DELIVERED ! THE CORPOR ~ l ~ ) I ~ ION OF THE toWN OF NEWCASTLE ~dr 507886 ONTARIO LIMITED ,- !~ d'__y7&J ~"fk1"tD t. to ... T~INION BANK (Mortga~) GENERAL M,ANAGER , ,/ /l ". THIS.SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. f~-Cf" of the Corporation of the Town of Newcastle, enacted and passed the 91z. day of ~ 198~ UTILITIES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM ~ . The Owner shall arrange with the appropriate authority having Jurisdiction for the design, provision and installation of' an electrical supply system to serve the lands, in the locations as approved by the Director. All electrical services are to be installed underground. ; The Owner shall also make any necessary arrangements with any T.V. Cable Campany in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimll1l disruption of municipal .services. 2. STREET LIGHTING SYSTEM The Owner shall arrange with the appropriate authority having Jurisdiction for for the design, provision and installation of a complete street lighting system to serve the said Lands on behalf of the Town in Whose ownership the system shall vest upon completion including all appurtenant apparatus and equipment, in the locations as approved by the Director. The Owner shall furnish written evidence satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence Works. 3. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design,provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: I THE COR RATION OF ITHE TOWN OF NEWCASTlE ) I ~ ) ~ l I ) MfI L:y~ 507886 ONTARIO LIMITED ~~~ l4t~ ~ U~1f(JVED 7, ., I, ~INION BANK {Mortgag~ ~ENERI\IL MANAGER APPROV B. / J. A. _" /r " THIS SCHEDULE IS SCHEDULE HI" to the Agreement which has been authorized and approved by By-law No. ~IL- <('1 of the Coryora~ion of the Town of Newcastle, enacted and passed the915( day of ~ 19Scf.' DUTIES OF OWNER'S ENGINEERS " ~ 1. DESIGN WORKS AND PRIVATE WORKS . , . The Owner's Engineers shall prepare the following for the approval of the Director: (a) (b) ~~~ ~;~ (g) the Engineeering Drawings; the Grading and Drainage Plan; the Landscaping Plan; the Schedule of Work; the Staging Plan; the Works Cost Estimate; and the Stage Cost Estimate. The approval of the Director shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, Plans or documents. 2. REPRESENT OWNER AND OBTAIN APPROVALS . The Owner's Engineer shall act -as the Owner',s representative in all matters pertaining to the construction and installation of the Works and shall co-operate with the Town to obtai" the necessary approvals for construction and installation. 3. PROVIDE RESIDENT SUPERVISION .. ' - ~ , .~ The Owner's Engineer shall provide fully qualified supervisory layout and inspection staff to provide continuous service during all phases of the construction and installation of the Works and the Private Works and to perform the following: (a) (b) (c) (d) (e) (f) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and inspect the construction and installation to ensure that all work is being performed in accordance with the contract doucments; and arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Di recto r; and provide co-ordination and scheduling of the construction and installation in accordance with the timing provision contained herein and the ' requirements of the Director; and investigate and report to the Director any unusual circumstances which may arise during the construction and installation; and , obtain field information, during and upon completion of the construction and installation, required to modify the Engineering Drawings to produce the As-constructed drawings. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. 5. PROVIDE PROGRESS REPORTS . " -:0 ~ " The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the Director. - -.......-- - '. Schedul e I 6. PREPARE AS CONSTRUCTED DRAWINGS .. .. - 2 - The Owner's Engineer shall prepare the As-constructed Drawings for the approval of the Director. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authori zed in that behal f. SIGNED. SEALED AND DELIVERED In the presence of: ~+ .4PP~f)VEO T, II, i. ...._..........a. t"';~,~,~OVED J. ..:10. /3q I) ...., I THE COR PO TION OF n:E TOWN OF NEWCASTlE 1 l l I I 507886 ONTARIO LIMITED ~;;;J- I ~~j) (j-r1f<~ TO~INION BANK (Mortgag~ EN6RAL MANAGER j .. THIS SCHEDULE IS SCHEDULE uJu to the Agreement Which has been authorized and approved by By-law No. tcf-Y7 of the Corporation of the TOwn of Newcastle, enacted and passed thi s 9' 7X day ~f ~ 1981': COST ESTIMATES " ESTIMATED COST OF WORKS(Phase r ~ } - NOT APPLICABLE 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 D1 rector of Public Works for his approval. .This revised Cost Estimate shall be used as a basis to adjust the Performance Guarantee, if the Estimate increases or decreases. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: t THE COR PO nON OF.- THE TOlIN OF NEWCASTLE I ~ I I } k,o OOMINION BANK lMortgag",) GENiEAAL MJ\NJAGER ~ ~Cr- 507886 ONTARIO LIMITED ~~~ fbu~e)d~~ . (- '-:1,<1 EO -. '0, 'ii, _ : ~..._-~_.. III . ,- I;', 0\/ ED' ,"" ~j\'1 i THIS SCHEDULE IS SCHEDUL.E "K" to the Agreement which has been authorized and approved by By-law No. fI'I-Y7 of the Coryoratio!, of the Town of Newcastle, enacted and passed thi s '175< day of ~ 19854 . INSURANCE POLICIES REqUIRED 'l . . 1. TYPES OF COVERAGE REQUIRED .'lI w The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipal Teasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the To,wn against all damages or claims for damages for: (a) (b) (c) (d) (e) (f) (g) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; and any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; and any injury to any person or persons including workmen employed on the said Lands and the public; and any loss or damage that shall or may ~esult from the storage, use or handling of explosives; and any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; and any loss or damage that shall or may result from the disposal of effluent fram any sewage disposal works; and any loss or ,damage that shall or may happen to any public road or to any other property of the Town or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands together with any or all of the Works and Utilities pertaining thereto. 2. AMOUNTS OF COVERAGE REQUIRED . Policy or policies of insurance shall be issued jointly in the names of the Owner and the Town and shall provide the fOllowing minimum coverages: (a) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of anyone person; and (b) $2,000,000.00 for loss or damage resulting from bOdily injury to, Or death of, two or more persons arising out of the same accident; and (c) $1,000,000.00 for anyone occurance of property damage. The issuance of such polley or policies of insurance shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED , The poliCY or polices of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; or , " - - I ~ 6 ~ Schedule UK" - 2 - (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage. handling or use of explosives. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fi rst above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED I In the presence of: J l l ) ~~ I l THE CORP ATION OF fHE TOWN OF NEWC STLE ~ /A~. CLERK 507886 ONTARIO LIMITED ~~ . /.L,~~ /l""y/i; T~MINION BANK (Mortgag~) GENERAL MANAGER .. ~ r:- 11',1. . tl~. f ". ...~.. 1 ..r...~...~.....". /~ I:"~_J'-' i?~ nfr'1 --' \' l-:::t_) 'I r ~:..).,_.. '~_ ~"d t1 . ' , -HIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been authorized and approved by' By-law No. 8V~<f"7 of the Corporation of the Town of Newcastle, enacted and passed thi s <7 lX day of ~ 198~ REGULATIONS FOR CONSTRUCTION ~ ~ .. . 1. REQUIREMENTS FOR BLASTING . . . ., '. . The Owner sha", prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. 2. REMOVAL OF TOP SOIL The Owner shall not remove any top soil from the said Lands except for construction purposes and such top soil must remain within the limits of the said Lands. 3. DUMPING OF FILL OR DEBRIS . The Owner agrees to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed any fill from any lands to be dedicated to the Town other than the roads within the limits of the said Lands, without the written consent of the Director. 4. DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said Lands must be disposed of in an orderly and sanitary fashion 'n a dumping area off the said Lands provided by the Owner and approved by the Director. The Town shall not be responsible for the removal or disposal of garbage and debris. . The Owner agrees to deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said Lands. 5. QUALITATIVE AND QUANTITIVE TESTS . The Owner agrees that the Town may have qualitative or quantative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the Owner. 6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS . . The Owner shal" at all times during the life of this Agreement ensure that all public roads abutting the said Lands and all public roads used for access to the said Lands, during any construction on the said Lands, shall be maintained in a condition equal to that now existing and to the approval of the Director. The Owner shall maintain, at all times, all such roads free of dust and mud originating from the lands during the course of construction. If damaged, the Owner agrees to restore immediately, and at its own expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said Lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untravelled portion of any public road allowance without the prior written approval of the authority having juriSdiction over 5uch public road allowance. 7. MAINTENANCE OF INTERNAL ROADS . . The Owner shall, prior to the placement of the final surface treatment on any road requi red to be constructed under thi s Agreement, remove any contami nat ion of the base course and repair and replace such base course, where necessary, to the approval of the Director, in order that the construction of such road shall not have suffered due to any use of the base course as a temporary road. ,--- ~ , .. , Schedule DLD 8. WEED AND RAT CONTROL , \ - 2 - After the commencement of'construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and.the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED. SEALED AND DELIVERED 1 In the presence of: l ~ ~ l. /J;~ 1 ) ~ I'.' \l"'~'~"~~ "1 ' ~"fi\; , .1........_...." .r ~(_..._... ....! , I . . . . .... ~.. . , l ,\I. ,. ~- - " ., ,'2~1 ./ - ~,,; I'i THE CORPO ATION OF THE TOWN OF NEWCASTLE , 507886 ONTARIO LIMITED ~~ . ?.l.,~;;'{jvr~ ~INI.ON8ANK (Mortgag~ lGENERAl .MANAGER " I ~ ~ , . THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 1C(-Y7 of the Corporation of the Town of Newcastle, enacted and passed thi 5 1{7( day of ~ 19S.,c. USE OF SAID LANDS . The Owner agrees that the said lands shaJl not be used for any purpose other than as set out in the following table: LOT OR BLOCK NUMBER LAND USE ALL LOTS & BLOCKS IN ACCORDANCE WITH BY-LAW 2111, AS AMENDED OR A SUCCESSOR THEREOF IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED) THE CORPO TION OF THE TOWN OF NEWCASTLE In the presence of: ) c ~ JJ~. ~y ERK ~4r I ~7M6~~~ I //.t/~i) L~ 1 ~INION BANK (Mortga~) , Ailt.. GENERAL MANAGER _ " '\ .r.""lil. '.-....b ~.........~"~" '. ..T.....-.._~., ...... ..,....'\ .:"lI>'~ . . --' APPROVED J. A. B.. (l . J r t I , THIS SCHEDULE IS SCHEDULE UN" to the Agreement which has been authorized and approved by By-law No. VY-c{1 of the Corporation of the Town of Newcastle, enacted and passed this 97X day of ~ 198~ LANDS UNSUITABLE FOR BUILDING .. - The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the said lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Directors of Planning and Public Works; and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED - NIL - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. ~~ SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) <~.4~ ! ~'~K ~ ~ ~ l ) ~ ) TOBONT~D~INION BANK (Mortga~) ~GENrEAAt MANAGER 507886 ONTARIO LIMITED ~~---~ ~ t I';J;"~ '/f__~ I ~ c" "1.7",,," \\ Vit!;;u J" A. a. < /l .. J ~ .. I , THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 8<1-~7 of the Corporation of the Town of Newcastle, enacted and passed this 97;( day of ~ 198~ LANDS REqUIRING ~IT~ PLA~ APPROVAL The Owner agrees that no application will be made for a Building Permit for the erection of any structure on any of the lands listed in the following table until a site plan agreement has been entered into with the Town and the building permit complies in all respects with the terms of the site plan agreement, including those speCific requirements noted below. LOT OR BLOCK NUMBER ~ .. ALL LOTS OR BLOCKS FOR WHICH BUILDING PERMITS WOULD BE AVAILABLE SPECIFIC REQUIREMENTS Joint Access from abutting lots to be provided to Baseline Road in accordance with the Town of Newcastle's DeSign Criteria and Standards. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED j In the presence of: l ) l ~I 1 ,(C WkD " B.../ ~ THE CORPO ATION OF ~E TOWN OF NEWCASTLE dl~. 507886 ONTARIO LIMITED (j f;l4 (k.~,) Ii~~ TORONTotDOMINION BANK (Mortga~) ~ R4L 'GEf\1'ER:AlL MANAGER < . J I' It . ... THIS SCHEDULE IS SCHEDULE UP" to the Agreement which has been authorized and approved by By-law No. ~Y-V7 of the Co!pora~ion of the Town of Newcastle, enacted and passed this <17X. day of ~ 198?2 OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE OVERSIZED AND/OR EXTERNAL SERVICES' " ". . . " - NOT APPLICABLE - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED l In the presence of: ) 1 ~ ~ ) ~~N 1 ~ ~ n / r, ,.." I " L,( /L THE CORPOR TION OF THE TOWN OF NEWCASTLE \.. 507886 ONTARIO LIMITED ~~ fL#,AJ d<V'~$, TO~~NIONBANK {Mortgag~ GmEAAl. MANAGER r ... 4' ~ .. I' ... THIS SCHEDULE IS SCHEDULE UQIl to the Agreement which has been aut ho ri zed and approved by By-law No. acf- Cl'f of the Corporation of the Town of Newcastle. enacted and passed this ~/;( day of ~ 198~ CONSERVATION ATHORITY'S WORKS . The Owner shall contact Central Lake Ontario Conservation Authority for any special requirements in respect of the Authority's Fill and Construction Regulations prior to issuance of building permits. 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. ~~ --.::.~ 1\ ,."'~ " ,',.____. . ~ ..g.~. ....i\ '-sI<.'~::::" . :'0' "r<<( , SIGNED, SEALED AND DELIVERED ). THE CO~ION OF THE TOWN OF NElICAS~ In the presence of: l .......-----~ ~~ _ ~ l dJ~. ~ ) CLERK ~ ~ ~ l ) ) l ~INION BANK (MOrtg'~l GENERAL MANAGBl ~~ 507886 ONTARIO LIMITED ~~~ f~~) a.,~ " - .~::-' ~ EiQ I'J ':' .', j-., /Y r .... 4 J .. .. ,. T" . . TH IS SCHEDULE IS SCHEDULE U R II to the Ag reement wh i ch has been autho ri zed and approved by By-law No. fCf-<7'7 of the Corporation of the Town of Newcastle, enacted and passed this 9?:<: day of ~ 198,0 ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT - NOT APPLICABLE - Estimated Costs of Works Fees Up to $100,000.00 Actual cost ,of engineering services and inspection fees up to a MAXIMUM of $4,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $100,000.00 to $500,000.00 $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.5% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimated cost of services - whichever is greater $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of this Schedule cost estimates as specified in Schedule "J" for Hydro Distribution System shall not be included for the purposes of calculating engineering and inspection fees as contemplated by this Schedule. $3,000,000.00 to $4,000,000.00 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. ~ ,ryN SIGNED, SEALED AND DELIVERED I In the presence of: ) ) ) ~ ~ 507886~NTARIO LIMIr.~ED _ ),-~4-~~ ) . .~ I /t.I~~~ l THE CORP ATION OF THE TOWN OF NEWCASTLE 4~~~ dJ~. . CLERK 1L::'FA"_It~-']' "'...!le. I , . r ~....} . w......~,'-, , l".'",,- I f.;.... ...-.,~. ~-:.J ~ ~~MINION BANK (Mortga~) ~ MANAGER 1 ----- < . -- .. ~~ "" THIS SCHEDULE IS SCHEDUL..E"S" to the Agreement which has been authorized and approved by By-law No. !J'/-c(.l of the Corporation of the Town of Newcastle, enacted and passed thi s 9tk. day of ~ 1985f MINISTER1S/REGION1S CONDITIONS OF DRAFT PLAN APPROVAL - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) In the presence of: ~ ) ~ ) j ) ~ j ) ~~ \~ i\"~- ': . . 'ilo!l. i \~~t\~)~~\ ~. ...~~o'.: ~.''''.t: "r: u, ^ THE CORPO TION OF THE fOWN OF NEWCASTLE T~INION BANK (Mortga~) .. GENERAL MANAGER