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\ THE CORPORATION OF THE TOWN OF NEWCASTLE
\~./.
BY -LAW NUMBER 84- 64
being a By-law to authorize the entering into of an Agreement with
B1ackcreek Developments and the Corporation of the Town of
Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts
as foll ows:
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 Blackcreek Developments
and the said Corporation dated the t'ff{day of M~
in the form attached hereto as Schedu1 e "X".
, 1984,
2. THAT Schedule uX" attached hereto forms part of thi s
by-law.
BY-LAW read a first time this
14th day of
May
May
1984
1984
BY-LAW read a second time this 14th day of
BY-LAW read a third time and finally passed this
14th day of
May 1984
I File No.u....k..Q_:._'!.ft:.lfl.._.....u I
.
..
.
>>
SUBDIVISION AGREEMENT
BETWEEN
TIlE TOWN OF NEWCASTLE
AND
BLACK CREEK DEVELOPMENTS
t I
TABLE OF CONTENTS
SUBDIVISION AGREEMENT BETWEEN
THE TOWN OF NEWCASTLE
AND
BLACKCREEK-oEVELOPMENTS
2 . Ge ne r a 1 . . . . . . . . . . . . . . . . . . · · · . · . . . . · . . · · . . · . . · · . .
Pg. 2
Pg. 3-6
Pg. 7-9
Pg. 10-13
Pg. 14-21
1 ~ Defini tions. . . . . . . . . . · . . . . . . . · . . · · . . . . . · . . .". . . · .
3. Financial. . . . . . . . . . . . · . e_ . . . · . · . · . · · . . . . · . . · · . . . .
4. Planning. . . . . . . . . . . . . . . . . . . · . . . . . . . . . . . . · . . . . . · .
5. public Works....................................
APPENDIXES:
Schedule wAw.......................... Legal Description of Said Lands
Schedule wBw.......................... Plan of Subdivision
Schedule wCw.......................... Charges Against Said Lands
Schedule wDw.......................... Development Charges
Schedule wEw.......................... Grants Of Easements To Be Dedicated
Schedule WF".......................... Lands And/Or Cash TO Be Dedicated
Schedule "G".......................... Works Required
Schedule wHw.......................... utilities Required
Schedule WI".......................... Duties Of Owner's Engineers
Schedule w JW . . . . . . . . . . . . . . . . . . . . . . . . .. Cost Estimates
Schedule wKw.......................... Insurance Policies Required
Schedule wLw.......................... Regulations for Construction
Schedule wMw.......................... Use Of said Lands
Schedule wNw.......~.................. Lands Unsuitable For Building
-Schedule "0".......................... Lands Required site plan Approval
Schedule WP".......................... Oversized And/Or External services,
And The Reimbursement For The
Oversized And/Or External Services
Schedule "Q".......................... Conservation Authority's Works
Schedule "R".......................... Engineering And Inspection Fees
For Development
Schedule "S".......................... Region's Conditions Of Draft
Plan Approval
(
This AGREEMENT made in quintuplicate this
19 &l( .
Ii
day of 1117
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the wTOWNw OF THE FIRST PART,
- and -
- and -
KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
carrying on business as Black Creek Developments
Hereinafter called the wOWNERw OF THE SECOND PART
- and -
RORERO LIMITED
Hereinafter called the wMORTGAGEEw OF TIlE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in
Schedule wAw hereto, are hereinafter called the wLandsw and constitute
5.288 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 Lands;
AND WHEREAS. the Owner warrants that it has applied to The Regional
Municipality of Durham, hereinafter called the Region for approval of a
plan of subdivision of the lands;
AND WHEREAS to cOr.lply with the Region's conditions for such approval, the
Owner has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of Durham, hereinafter called the
WRegionW 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 agreer.lent
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 utilties referred to in Schedule wHw and
hereinafter called Wutilitiesw;
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
1:
- 2 -
1. DEFINITIONS
In this Agreement:
1.1
.Council" shall mean the Council of the Corporation of the Town of
Newcastle;
1.2
..
"Director" shall mean the Director of public Works of the Town of
Newcastle or his designated representative as may be appointed by
council to act in his place;
1.3
"Treasurer" shall mean the Treasurer of the Corporation of the Town
of Newcastle;
1.4
"Director of Community Services" shall mean the Director of
Community services of the Corporation of the Town of Newcastle;
1.5
"Director of Planning" shall mean the Director of planning of the
Corporation of the Town of Newcastle;
1.6
. of
"Solicitor" shall mean the Solicitor of the Corporation of the Town
Newcastle;
1.7 "Owner" shall include an individual, an association, a partnership
or a corporation and wherever the singular is used herein, it,
shall be construed as including the plural.
.
1.8 "Commissioner" shall mean the Commissioner of Planning for the
Regional Municipality of Durham.
1.9 "Minister" shall mean the Minister of Municipal Affairs and
Housing, Ontario.
r
- 3 -
2 . GENERAL
2.1 CERTIFICATION OF OWNERSHIP
(l) , The Owner shall, at the time of the execution of thi.s/t,greement,
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 alet~er signed by an Ontario Solicitor and
addressed to the Town certifying as to the title to any land excluding the
said Lands, which is to be conveyed to the Town or over which easements
are to be granted to the Town pursuant to the terms of.this Agreement.
2.2 COpy OF PLAN AND AGREEMENTS REQUIRED
subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the
execution of this Agreement, provide the Town with as many copies as the
Town requires of the plan of subdivision for the said Lands, which plan
shall be the plan prepared for approval by the Region. The plan is
attached as Schedule "B" and is hereinafter called the "Plan". The Owner
shall also furnish to the Town at the time of the execution of this
Agreement, one copy of the said plan containing the stamp of approval of.
the Region, and a copy of the subdivision agreement entered into between
the Owner and the Region with respect to the said Plan if such approval
and/or Agreement is in existence at the time of the execution of this
Agreement. If the approval or agreement with the Region is not available
at the time of the execution of this Agreement, the Owner agrees to .
provide the Town with the plan with the stamp of approval of the Region
and a copy of the Subdivision Agreement entered into with the Region,
immediately after approval is granted or the agreement signed. The Owner
shall also furnish to the Town at the time of the execution of this
Agreement one copy of each of the agreements entered into with the public
utilities Commission or other authority or company having jurisdiction in
the area of the said Lands for the design and installation of the
utilities, or, if such agreement or agreements are not in existence at the
time of the execution of this Agreement, the Owner agrees to provide the
Town with a copy of each such agreement immediately after sUch agreement
is signed.
2.3 DEDICATION OF EASEMENTS
(1) The Owner shall, at the time of the execution of this Agreement, or
such later date as may be agreed by the Owner and the Town, but not later
than the registration of the Plan, deliver to the Town executed transfers
of easements free and clear of all encumbrances as set out in Schedule WE"
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 lands set out
in Schedule wFw hereto. Such conveyance shall include the dedication by
the Owner to the Town of the lands required by the terms of The Planning
Act, as amended, from time to time to be dedicated for public purposes,
other than for highways, unless the Town has agreed to accept cash in lieu
of such lands, as provided herein.
-4 -
2.5 REGISTRATION OF DEEDS AND GRANTS OR 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
(1) There are no lands for school purposes and secondary option.
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:
30 Caristrap street,
. Bowmanville, Ontario LlC 3Y7 ....
or such address as the Owner has notified the Town, in writing, and any
such notice mailed or delivered shall be deemed good and sufficient notice
under the terms of this Agreement.
2.9 REGISTRATION OF AGREEMENT
The Owner and Mortgagee hereby consent to the registration of this
Agreement by the Town and covenant and agree not to register or permit the
registration of any document after registration of the Plan of Subdivision
on any land included in the said Plan unless this subdivision Agreement,
and any deeds, easements or other documents required to be furnished
thereunder, have first been registered against the title to the land
included in the Plan.
2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT
(1) The Owner agrees that the Town may at its option in the
circumstances set out below on thirty (30) days written notice to the
Owner, declare this Agreement to be subject to renegotiation, whereupon
the Owner agrees not to undertake any construction or installation of any
of the Works until this Agreement has been renegotiated. This Agreement
may be subject to renegotiation if:
(i) the Commissioner approves a Plan of Subdivision for the said
lands which is substantially different from the plan attached
hereto as Schedule wBw; or
- 5 -
(ii) the plan of Subdivision is not finally approved by the
Commissioner and registered within eighteen (18) months
of the date of the execution of this Agreement; or
(iii) the agreement between the Owner and the Region has not been
executed at the time of the execution of this Agreement, or
such agreement has been executed and is subsequently amended,
and the provisions of such agreement affect materially the
location or sizing of any of the Works to be supplied and
installed under the terms of this Agreement; or
(iv) no construction or installation of any of the Works has
commenced within two (2) years from the date of registration
of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend
the terms of this Agreement and any of the Schedules but an amendment
shall only be effective if in writing and executed under the seals and
hands of the proper officers of each party.
(3) The parties hereto acknowledge that at the time of the
execution of this Agreement, only a red lined copy of the plan of
subdivision is in existence and all descriptions in this Agreement and the
schedules annexed hereto refer to the descriptions in the red line plan
annexed hereto as schedule "8". upon the final plan of subdivision being
approved by the Region the final plan shall be substituted for the red
lined plan annexed as Schedule "8" and all amendments necessary or
requisite shall be made to conform with the descriptions used in this
Agreement and the Schedules (and without limiting the generality of the
foregoing, in particular Schedules "8", "E", "F", "G", "N", "0", "PM, and
WOW) with the final plan of subdivision.
2.11
TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is
required to make a decision or render an opinion, or give confirmation or
give authorization, permission or approval, then such action, decision,
confirmation, authorization, permission or approval shall be made promptly
and in all respects the Town and its officers, servants or agents shall
act reasonably.
2.12
ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of
the Town and no such assignment shall relieve the subsequent owner of any
of his obligations under this Agreement.
2.13
SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the
parties to this Agreement, and which are attached hereto, together with
all prOVisions contained therein, are hereby made a part of this Agreement
as fully and to all intents and purposes as though recited in full herein:
Schedule wcw
WLegal description of said Lands"
"Plan of subdivision for final approval"
WCharges against said Landsw
Schedule wAw
Schedule "BW
Schedule wDw
WDevelopment chargesW
Schedule "E"
"Grants of easements to be dedicated"
Schedule WF"
"Lands and/or cash to be dedicated"
Schedule "G"
wWorks requiredW
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
schedule " M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
2.14 MORTGAGE
- 6 -
"utilities required"
"Duties of owner's Engineer"
"Cost Estimates"
"Insurance policies required"
"Regulations for construction"
"Use of said lands"
"Lands unsuitable for building"
"Lands requiring site plan"
"oversized and/or External Services"
"Conservation Authority's Works"
"Engineering and Inspection Fees"
"Minister's/Region's Conditions of Approval"
The Mortgagee does hereby postpone his mortgage to this agreement with
the intent that this Agreement shall take effect as though dated, executed
and registered prior to the mortgage and the Mortgagee covenants and
agrees that in the event that he obtains ownership of the said lands by
foreclosure or otherwise, he shall not use or develop the said lands
except in conformity with the provisions of this Agreement.
2.15
SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of
the parties hereto, its, his or her respective heirs, executors,
administrators, successors or assigns.
2.16
PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Council will recommend to the Region
that the plan be approved for registration.
- 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, aginst the said Lands, as set out in
Schedule "C" hereto, including the commuted value of such charges falling
due after the execution of'this Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
The Owner shall pay all development levies in the amounts and at the times
set out in Schedule "D" hereto. Notwithstanding the provisions of
Schedule "D" as to the t~mes at which the development charges shall be
paid, the Owner shall, prior to the issuance of any building permit in
respect of any lot or block, pay all remaining development charges
assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for public purposes, other
than highways, the amount of such cash payment shall be as set out in
Schedule "F" hereto. The Owner further agrees to pay to the Town on any
such cash payment as set out in Schedule "F" hereto, at the time of the
execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to
Commence Work, lodge with the Town by cash or by means of an irrevocable
letter of credit issued by a chartered Canadian bank, guaranteeing the
performance by the Owner of the provisions of this Agreement. such cash
or irrevocable letter of credit shall be in an amount equal to the Works
Cost Estimate with respect to the plan or stage of the plan covered by the
Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by
the Treasurer 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.
(4) the Town may, from time to time, reduce the amount of the
value of the Performance Guarantee to reflect the progress of the Wotks
required to an amount equal to the value of the uncompleted Works, plus
ten percent (10%) of the value of the completed Works on approval by the
Director of a Progress Certificate prepared by the Owner's Engineer.
3.12
REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The Owner agrees that the Town shall not be obliged to release to
the Owner the unused portion of any Maintenance Guarantee until:
(a)
(b)
a Certificate of Acceptance has been issued for the
which such Maintenance Guarantee was required; and
the Town is satisfied that, in respect of the
maintenance of all of the Works for which such
Maintenance Guarantee was required, there are no
outstanding claims relating to such Works.
Works for
1.
(2) The Town shall release to the Owner the unused portion of any
Ma1ntenance Guarantee upon fulfillment of Clause (a) and (b) of
subparagraph (1) hereof.
3.13
PAYMENT OF MUNICIPAL COSTS
(1) Every provision of this Agreement by which the Owner. is obliged in
any way shall be deemed to include the words -at the expense of the Owner-
unless the context otherwise requires.
- 9 -
(2) The owner, upon the execution of this Agreement, shall reimburse
the Town for all reasonable legal, planning, engineering and other
technical advice and assistance actually incurred by the Town in
connection with the preparation for an attendance at any Ontario Municipal
Board hearing(s) in respect of the approval of any amendment(s) to the
Town's Restricted Area zoning By-law necessary for the implementation of
the Plan.
. (3) The owner shall reimburse the Town for all reasonable legal and
administrative expenses actually incurred for the preparation and
registration of this Agreement, and the legal services contemplated by the
terms of this Agreement, which shall include review of performance
guarantee and the preparation of any release.
(4) The Owner 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 wRw hereto.
3.14
UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days E.O.M. 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.
l_
3.15
OCCUPANCY PERMIT
Prior to the.issuance of the first building permit the owner agrees to
lodge with the Town an irrevocable Letter of Credit annually renewable and
issued by a chartered Canadian bank in an amount of seven thousand, five
hundred dollars ($7,500.00) to guarantee that occupancy does not o~bur in
respect of any lot or block before issuance of an occupancy permit for
such lot or block. In the event that occupancy occurs in respect of any
lot or block before the issuance of an Occupancy permit contrary to
paragraph 4..8 the sum of seven hundred and fifty dollars ($750.00) shall
be immediately forfeited to the Town for any lot or block and upon
forfeiture the owner shall immediately restore a Letter of Credit for the
full amount of seven thousand, five hundred dollars ($7,500.00). So that
the amount of security deposit on hand with the Town always equals seven
thousand, five hundred dollars ($7,500.00). The Letter of Credit shall be
released to the owners at such time as the last unit is ready for C
occupancy in accordance with the terms of this Agreement or at such
earlier date as agreed in writing by the parties. The Town agrees to
permit the Letter of Credit lodged by the owner to be substituted,~either
in whole or in part, by a Letter of Credit submitted by the buildei to
whom the owner has sold a lot or block with the Plan. The Owner agrees to
obtain any such Letter or Letters of Credit, on behalf of and in favour of
the Town, at such time as any or all of the said lands .are sold. The Town
further agrees to release substituted portions of the owner's Letter of
Credit, in respect of occupancy..
~
- 10 -
4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN
The owner agrees not to remove trees from valley lands without the written
approval of the central Lake ontari~ conservation Authority and not to
remove trees from lots or blocks except those that would otherwise prevent
it from carrying out the Works or from utilizing any lot or block by
reason of its inability to site a dwelling on such lot or block because of
such trees.
4.2 USE OF SAID LANDS
The owner agrees that the said Lands shall not be used for any purpose
other than that set out in Schedule wMw 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 wNw hereto are unsuitable for building purposes and that no
application will be made for a building permit for the erection of any
structure on any such lot or block until the conditions outlined in
Schedule wNw 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
wOw 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 Agree~ent.
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 appl~ed for will be issued in respect
of any of the said Lands. The Owner agrees that no application for any
building permit in respect of any of the said Lands shall be made until:
(1) all easements for utilities or drainage, or other purposes
across the lot or block in respect of which a building permit
is proposed to be issued have been transferred to the Town;
and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have
been constructed to at least the completed base course of
asphalt.
(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) .
(5)
(6)
(7)
(9)
- 11 -
all of the utilities required to be constructed and, installed
under such roads have been constructed and installed to the.
approv~l of the authdriti~s having jurisdi~tion over such
utilities; and . .
the owner has provided the Director of planning with a mylar
and four copies of a street numbering plan satisfact~ry top
the Town and each street number shall permanently apply to
the lot or .block shown on the plan and shall be provided by
the own~r to all subsequent owners; and
the balance of all Development Levies have been paid in.
respect of the lot or block in the plan for which the
building permit is applied for; and
the Owner has deposited the Occupancy Letter of Credit as
required by_paragraph 3.15 of this A~reement; and
.,' ,.
if the application for a building permit is in respect of any'
lot or block set out in Schedule WNW the owner has fulfilled
the conditions with respect to the lots and blocks as set out
in schedule .N. as required by paragraph 4.3 of this
Agreement; and
"
if the application for a building permit 'is ~n,~~spect of any
lot or block as set out in Schedule wO. the Owner has
entered into a 'site plan Agreement with respect to the lots
or blocks as" set O'ut in Schedule .0. as required by
paragraph 4.4 of this Agreement.
The Owner has provided the Director of Planning ~~~h a mylar.
c~py of the~reg~stered plan of this subdivision.
(11). the performance'G~arantee and/or Maintenan~e Guarantee
required pursuant ~o this Agreement has b~en deposited with
the Town and is in good s tandin.g.
(9)
" (10)
4.5 MODEL HOMES AND ARCHITECTURAL CONTROL
(1), (a) Not,;,i thstanding the provisions of paragraph 4.5 of this
Agreement, the owner may apply for building permits for up to twenty (20)
. model homes on the lands, provided tha.t such application is in conformity
with .the requisite by-laws of the Town and The .Duilding Code, 1980, and.,
piovided that all building permit fees, Occupancy Letter of Credit and
appropriate development levies as pro~ided for in. this Agree~ent have been
paid or provided. . The owner shall be entitled to temporary access across
blocks 54 through 57 onto lots 43 through 49 and lots 30 throug:1 32,
, (b) The Owner agrees 'that prior to issuance of building permits in
respect of model homes any road required to provide'access to the model .
homes shall be constructed to the completed Granular B base with a 10 cm
contamination layer of Granular A which shall be removed and disposed of
prior to final construction of the road.
(2) The Owner agrees that any model home shall be used for display
purposes only and shall not be occupied for any residential purpose until
such time as the provisions of paragraph 4.8 of this Agreement have been
complied with and if such model ho~e is occupied for residential purposes'
contrary to this paragraph the .provisions of paragraph 3.15 shall apply.
(3) (a) the Owner covenants and ~grees with the Town th;~he will
exercise or cause to be exercised, architectural control over the design
and construction of dwellings within the plan by requiring that the
exterior construction on all dwellings be at least 45 per cent masonry
e.g. brick, stone or other earthern products, but ~xcluding stucco and
concrete block or at least 45 per cent finished wood siding, excluding
.plywood, particle board tir other similar wood sheeting materials.
(b) the Owner covenants and agrees that in the Agreement of
Purchase and Sale, he will require each builder purchasing from him to
file, prior to applying for a building permit, with the Town a ~aster
plan, to be approved by the Town, for the lot purchased by the
builder/purchaser showing housing types, elevations and the distribution
of models on such lots.
- 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 included the following Notices in the Agreements of
Purchase and sale entered into by prospective purchasers:
(a) that the lands are subject to the covenants and obligations
set forth in this Agreement, and more particularly, section
5.28 in respect of obligations of subsequent owners;
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
(2 )
(3 )
. . (4 )
(5 )
( 6 )
all of the storm drainage system required to be constructed
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
lCd
an
,-
all of the utilities, save telephone and cable T.V. required to
be constructed and installed and connected to the building have
been so constructed, installed and connected to the written
approval of the authorities having jurisdiction over such
utilities; and
the building has been connected to and is serviced by a water~
supply and sewage disposal system to the written approval of
the authority having jurisdiction; and
the owner's Engineer has provided the Director with written
confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has
received the written approval of the Director with respect
to any variance to the Grading and Drainage Plan.
~
Notwithstanding the provisions of sub-paragraph (5) of this
Clause the Owner shall be entitled to a temporary Occupancy
Permit in the event that the Owner has not been able to
comply with the requirements of sub-paragraph (5) by reason
of seasonal, weather or other conditions beyond the control
of the Owner.
! '
- 13 -
4.9 SPECIAL CONDITIONS
(1) The owner covenants and agrees to satisfy the requirements
of the Central Lake Ontario Conservation Authority as
contained in schedule wQw hereto.
- 14 -
5. PUBLIC WORKS
5.1 TOWN WORKS REQUIRED
The Owner shall be responsible for the construction and installation of
the services and landscaping more particularly referred to in Schedule "G"
hereto (hereinafter. called "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
"H".
5.3 OWNER'S ENGINEER
The Owner shall retain a competent professional Engineer, registered by
the Association of professional Engineers of Ontario and hereinafter
called the "Owner's Engineer", to administer this Agreement, whose duties
are set out in Schedule "I" 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 of 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 ~evised and re-approved
drawings.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence
Work as provided herein, have received the written approval of the
Director of a plan, hereinafter called the "Grading and Drainage Plan",
and showing thereon the existing drainage pattern on all adjacent lands,
all proposed grading and drainage works for the said Lands, indicating the
direction of all surface drainage, including water from adjacent lands
originally flowing through, into or over the said lands to the municipal
storm sewer system or any other outlet approved by the Director. This
Grading and Drainage Plan shall be approved and signed by the Director
prior to the construction of any services or roads on the said Lands. If
no construction of the works is commenced within two (2) years of the date
of approval of the Grading and Drainage Plan, the Grading and Drainage
Plan shall be resubmitted to the Director for reapproval and revision, if
required by the Director and no such work shall be done unless in
accordance with the said revised and reapproved drawings.
5.7 STAGING OF WORKS
If the Owner wishes to construct and install the Works .and utilities in
stages, the Owner shall, prior to the issuance of any Authorization to
Commence Work as hereinafter provided, prepare for the approval of the
Council of the Town, a plan hereinafter called the "Staging Plan" which
divides the Plan into stages for the construction, installation and
maintenance of the Works and utilities.
- 15 -
The Owner shall not proceed until such Staging Plan has been approved by
Council, and shall proceed only in accordance with such approved plan,
except as it may be subsequently amended with the approval of Council.
5.8 APPROVAL OF SCHEDULE OF WORKS
The owner shall, prior to the issuance of any Authorization to Commence
Work, as hereinafter provided, receive the written approval of the
Director of a schedule (hereinafter called the "Schedule of Works") which
sets out the timing sequence in which the owner proposes to construct and
install all of the Works and Utilities and, where the installation of the
Works and utilities are to be staged the Owner shall, prior to the
Authorization to Commence Work for each such stage, receive the written
approval of the Director of a Schedule of Works for such stage. The Owner
shall proceed only in accordance with the approved schedule, except as it
may be subsequently amended with the approval of the Director.
5.9 APPROVAL OF COST ESTIMATE
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 Director and entered in Schedule "J"
hereto. If the Town has approved a Staging Plan for the said Lands, the
Owner further agrees that the estimated cost of construction and
installation of the Works for each stage, hereinafter called a "stage Cost
Estimate" shall be approved by the Director and entered in Schedule "J"
hereto.
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 Authorizationlo Commence
Works shall be issued for any of the Works until:
(1) the plan has received final approval from the Region; and
(2) the plan has been registered; and
(3) the Owner has delivered copies of the Plans and Agreements as
required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the
said lands required by paragraph 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by
paragraph 2.3 of this Agreement, and such easements have been registered;
and
(6) the Owner has conveyed to the Town any lands and paid any cash as
required by paragraphs 2.4 and 3.5 of this Agreement, and any such
conveyance has been registered; and
(7) the Owner has delivered letters from the appropriate Public
Utilities Commission, or authority or company having jurisdiction, stating
that satisfactory agreements have been entered into for the design and
installation of the utilities as required by paragraph 5.2 of this
Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of
this Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received the written approval of the Director of the
landscaping required as part of the Works and more particularly referred
to in Schedule "G"; and
- 16 -
(1+) the Owner has received the written approval of the Director of the
Grading and Drainage plan as required by paragraph 5.6 of this Agreement;
and
(12) the owner has received the written approval of the Council of the
Town for the staging plan as required by paragraph 5.7 of this Agreement;
and
(13) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
.
(14) the Owner has received the written approval of the Director for the
Works Cost Estimate and/or stage Cost Estimate as requirea by paragraph
5.9 of this Agreement; and
(15) the Owner has deposited with the Town the Performance Guarantee
applying to that stage of the Plan for which the Owner is seeking such
Authorization to Commence Works as required by paragraph 3.6 of this
Agreement; and
(16) the Owner has deposited with the Town any policies of insurance as
requiied by paragraph 3.8 of this Agreement; and ." ..
(17) the Owner has paid all Town costs as required by paragraph 3.13 of
this Agreement as of the date of the issuance of the Authorization to
Commence Works; and
(18) the Owner has paid all costs due to the Town for oversizing as
required by paragraph 5.27 of this Agreement.
(19) Notwithstanding the above the Owner may commence installation of
the work as referred to in schedule "G" hereto with the written approval
of the Director, prior to the registration of the Plan provided that
sections 3, 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17 and 18 of this Clause
have been satisfied. No Certificate of Acceptance of the work, as .
referred to in Clause 5.25 of this Agreement, shall be issued by the
Director, until the Plan has been registered and all other requirements
relevant to the Certificate of Acceptance have been met. The construction
or installation of any of the work pursuant to this clause shall, .
notwithstanding the aforementioned approval of the Director, be taken at
the sole risk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting from the
construction or installation of any of the work as may be undertaken
pursuant to this Clause.
5.11
REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a staging Plan for the said Lands, the Owner
shall require an Authorization to Commence Works for each stage of the
Plan. If the Town has issued an Authorization of Commence Works for one
stage of the Plan, in addition to any other requirements contained herein,
no Authorization to Commence Works shall be issued for any subsequent
stage of the Plan until:
(1) the stage Cost Estimate for such stage has been approved by the
Director and entered in Schedule "J" hereto; and
(2) the Owner has deposited with the Town the Performance Guarantee
applying to that stage of the Plan for which the Owner is seeking such
Authorization to Commence Works.
5.12
INSPECTION AND STOP WORK
The contract with any contractor employed by the Owner to construct or
install any of the Works shall provide that employees or agents of the
Municipality 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 wor~ 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
PROVISIONb Fuk ~ONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is
authorized in writing by the Director. All construction on the said Lands
shall be carried out in accordance with the regulations for construction
as set out in Schedule "L" hereto.
- 17 -
5.14
SEQUENCE OF CONSTRUCTION AND INSTALLATION
The Owner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works continuously and as
required by the approved Schedule of Works.
5.lS
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and
installation of all 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 maintenance
guarantee period, construct or install such additional facilities and
perform such additional work as the Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or
causing to be executed the Work required by this Agreement, in such a
manner that it will be completed within the time specified' for such
completion, or if the said Work is being improperly done, or if the Owner
neglects or abandons the said Work, or any part of it, before completion,
or unreasonably delays the execution of the same, or if in any other
manner the said Work is not being done properly and promptly in full
compliance with the provisions of this Agreement, or in the event that the
Owner neglects or refuses to do over again any Work which may be rejected
by the Director as defectfv'e or unsuitable, or if the owner in any other
manner in the opinion of the Director may default in performance under
this Agreement, then in any such case the Director on the authority of the
Council of the Town may notify the Owner and his surety in writing of such
default or neglect and within ten (10) clear days after the giving of such
notice or within such further period of time as may be specified in the
notice, the Town Council shall thereupon have full authority and power
immediately at its option to employ a contractor or such workmen as in the
opinion of the Director shall be required for the proper completion of
such work at the cost and expense of the Owner or his surety, or both. In
cases of emergency, in the opinion of the Director, such work may be done
without prior notice, but the Owner shall forthwith be notified. The cost
of such work shall be calculated by the Director, whose decision shall be
final. It is understood and agreed that the total costs shall include a
management fee of thirty (30%) percent of a contractor's charges to the
Town (including any charges for overhead and profit) or, if such work is
undertaken by the Town, thirty (30%) percent of all charges incurred to
complete the work, it being hereby declared and agreed that the assuming
by the Owner of the obligations imposed by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien
Act such filings shall constitute a default in performance under this
agreement, then in any such case the Director may notify the Owner and his
surety in writing of
- 18 -
such default and if the owner fails to satisfy claims of the lien claimant
within ten (10) clear days after the giving of such notice or within such
further period of time as may be specified in the notice, then the
Municipal Council shall thereupon have full authority and power
immediately, at its option, to pay the full amount of the claim and costs
into an appropriate court having jurisdiction and the Municipality shall
be authorized to use all or part of any performance or maintenance
guarantee to do so. In the event that the Municipality draws upon the
performance or maintenance guarantee to satisfy the claims and costs of
any lien claimant, the Owner shall forthwith upon notice from the Director
reinstate the performance or maintenance guarantee to the full value
required under the terms of the agreement.
5.18
ENTRY FOR EMERGENCY REPAIRS
.
The Owner agrees that, at any time and from time to time, employees or
agents of the Town may enter the said Lands for the purpose of making
emergency repairs to any of the Works. such entry and repairing shall not
be deemed an acceptance of any of the Works by the Town, nor an assumption
by the Town of any liability in connection therewith, nor a release of the
Owner from any of its obligations under this Agreement.
5.19
DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(1) The Owner agrees to pay the cost of repairing any damages to any
services which, without limiting the generality of the foregoing, shall
include road, water, electrical, gas, telephone, cable television or sewer
systems, and the cost of relocating any existing services, caused by the"
development of the said Lands or any of the work required by this
Agreement, provided all work is to be done to the satisfaction of the
Director and/or authorities responsible for such services. The Owner
further agrees to pay the cost of moving any of the Works installed under
this Agreement, in driveways or so close thereto as in the opinion of the
Director, will interfere with the use of the driveway.
(2) The Owner agrees to, if the well or private water supply of any
person outside the plan is interfered with or dewatered as a result of the
construction or installation of the Works:
(a) where the interference to a well or private water supply is
short term duration (i.e. during the course of 'dewatering
and excavation and within one month of the completion of
dewatering) make available to the affected party, a
temporary supply of water at no cost to the affected
.party; or
(b) where the interference to a well or private water supply is
of a long term duration, at the option of the Owner and at
his expense, connect the affected party to the Town water
supply system or provide a new well or private water
system so that water supplied to the affected party shall
be of a quality and quantity at least equal to the quality
and quantity of water enjoyed by the affected party prior
to the interference.
5.20
USE OF WORKS BY MUNICIPALITY
The Owner agrees that any of thw Works may be used by the Town or other
authorized persons, for the purposes for which the Works are designed.
Such use of any of the Works shall not be deemed an acceptance of any of
the Works by the Town nor an assumption by the Town of any liability in
connection therewith, nor a release of the Owner from any of his
obligations under this Agreement.
- 19 -
5.21
MAINTENANCE OF ROADS AFTER COMPLETION
(1) Notwithstanding any other requirement in this Agreement to maintain
the Works, if any building on the said Lands is occupied, the Owner shall
maintain all of the roads, which are required to be constructed and which
provide access to such bUilding, until a Certificate of Acceptance has
been issued for such road. The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud
free condition, fit for all normal vehicular traffic, to the
approval of the Director; and
(b) during the course of installation of the Works and utilities
provide and maintain safe and adequate access to all occupied
buildings.
(2) The Town agrees to snowplow and sand paved subdivision roadways.
until the roadways are vested in the Town the Owner shall pay one hundred
percent (100%) of the actual cost of snowplowing and sanding such
roadways.
(3) The prov1s1ons of any work or service by the Town under paragraph
5.18 or subparagrapn (2) of this paragraph, shall not in any way
constitute approval or assumption of the road and the road shall not be
deemed to have been assumed until a Certificate of Acceptance has been
issued.
5.22
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the
Works, authorized in an Authorization to Commence Works shall not be deemed
to be completed for the purposes of this Agreement until the Director has
provided the Owner with written confirmation thereof, referred to herein.
as a "Certificate of Completion". In addition to any other requirements
containded herein, no Certificate of Completion shall be issued until:
(1) such of the Works authorized by the Authorization to Commence Works
for which a Certificate of Completion is required, has been inspected by
the Director, and the Town Council has approved the written report of the
Director that such Works have been constructed and installed in accordance
with the latest version of the Engineering Drawings approved by the
Director; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to
Commence Works, there are no outstanding claims relating to such Works.
5.23
PERIOD OF REQUIRED MAINTENANCE OF WORKS
The Owner shall from the date of the issuance of a Certificate of
Completion maintain all of the Works covered by such Certificate of
Completion for a period of two (2) years.
5.24
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of
Completion shall not be accepted, nor deemed to be accepted, for the
purpose of this Agreement, until the Director has provided the Owner with
written confirmation thereof, referred to herein as a "Certificate of
Acceptance". In addition to any other requirements contained herein, no
Certificate of Acceptance shall be issued until all of the Works covered
by such Certificate of Completion have been inspected by the Director and
the Town Council has approved the written report of the Director that all
such Works have been maintained to the approval of the Director for the
period set out in paragraph 5.23 of this Agreement.
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 ':'QW.. c.l&u the Owner shall have no r igh t or
claim thereto, other than as an Owner of land abutting a road in which
such works are inst~::e~.
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
- 20 -
I
as the wCertificate of Releasew, in a form suitable for registration or
deposit in the applicable Registry or Land Titles Office. In addition to
any of the requirements contained herein, the Certificate of Release for
such stage shall not be issued until:
(1) . Certificates of Acceptance have been issued for all of the Works;
and
(2) a registered Ontario Land Surveyor, approved by the Town, has
provided the Town with written confirmation that at a date not
earlier than the end of the maintenance period described herein,
he has found or replaced all standard irQn bars as shown on the
Plan and survey monuments at all block corners, the end of all
curves, other than corner roundings, and all points of change
in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner
has met all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land
described therein of all obligations of the Owner under this Agreement
with the exception of the Owner's responsibility for drainage as provided
herein and the Owner's acceptance of the conditions for a~p1ying for Town
building permits as provided herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized
services (hereinafter called woversized ServicesW) or services outside the
limits of the Plan of Subdivision (hereinafter called WExterna1 ServicesW)
which are more particularly set out in Schedule wpw 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 WP") that is equal to the proportion of the
excess capacity of such Oversized or External Services which is esti~ated
to be uti1itzed by such developer. The excess capacity of such Oversized
or External Services shall be the capacity of such services estimated to
be available after the Owner has fully developed the lands. The portion
of such Oversized or External Services estimated to be utilized by a
developer of lands outside the plan of Subdivision shall be calculated by
the Director, whose decision shall be final. In determining the cost of
the Oversized or External Services there shall be added annually from the
first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule WP" a sum equal to the interest on the amount of
the unpaid balance from time to time of the cost of the Oversized or
External Services calculated from the date of the issuance of the
Certificate of Completion, at the highest prime lending rate charged
during the previous year by the Bank of Montreal at its main branch in the
City of Toronto, plus two percent (2%).
(2) In the event that payment is required to be made under this
paragraph by the Town before the issuance of a Certificate of Completion,
no interest shall be added to the cost of Oversized or External Services.
3) In the event that payment is required to be made under-.this
paragraph by the Town before the first anniversary of the issuance of the
Certificate of Completion, interest shall be calculated at the highest
prime rate charged by such bank, plus two percent (2%) from the date of
the issuance of the Certificate of Completion to the date of payment.
Interest shall be calculated on a per diem basis to the date of payment.
5.28
RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance of a Certificate of Release the regis~ered
owner of each lot or block within the Plan shall have the sole
responsibility for the following:
- 21 -
(1) The registered owner shall be responsible for providing and
maintaining adequate drainage of surface waters from such lot or block in
accordance with the approved lot grading and drainage plans referred to in
paragraph 5.6 herein.
(2) The registered owners of lots 32, 33, and 43 to 50 inclusive
shall be responsible for maintaining fencing required pursuant to
Paragraph 7 of schedule G to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
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KIDDICORP INVESTMENTS LTD.
THIS SCHEDULE IS SCHEDULE ftAft to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
LEGAL DESCRIPTION OF SAID LANDS
(by Reference plan)
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
THE CORP RATION OF0THE
MAY
L~~.
CLERK
p.-. -r- .~p:?
KIDDICORP INVESTMENTS LTD.
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RORERO LIMITE
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SURVEYOR'S
CERTIFICATE I
I C IE RT In THA T .
I, TH IS au RVEV AND Pl.AN ARE CORRe:CT AND IN ACCORMNCIE WI TH
TH! SURVEYS ACT AND THE LAND TI'rL!S ACT AND THfL
RE aULA TIONS MADE 'rHIRe:UNO!R.
2. TH! SURVIY WAS COMPLE TID ON THI "d. DAY 0' APRIL, 19.84.
APRIL S , 198".
~-~-
C. F. FLEISCH MANN
ONrARJO LAND SURVEYOtt
OAT!
to-
~
DARUNG feN 2 - 32 - I
J._,.. i.
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE LAND
TI TlES ACT
PLAN IOR~_____
RfCE IYEO AND DEPOSITED
OA T E __1.!?B I '-- _~.L _19_8"L
OATE______ _____
_~\~MA~
"GNA TlJ1U
__~. r'-~/$t:-..I(/fI1A.1~
LANO REGISTRAR fOR THE LAND
TITLES DIVISION OF ~1.YlCASlll .
(NQ 10)
PAR r ,. ALL OF PARCE"L 32 -I,
SEe nON CON.2 .. NEWCASTLE
(OARL ING TON)
APPROVED ---r------
EXAMI NER OF SURVEY!
H 7066
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PLAN
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TOWNSHI P
TOWN
REGIONAL
SCALE
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OF SURVEY
OF LOT 32 J CONCESS ION .2.
OF DARLINGTON t now in' the
OF NEWCASTLE
MUNICIPALI TY .OF DURHAM
750; C. F. FLEISCHMANNt 0."-.5., 1984.
IOIlt. 0 10
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METRIC I DISTANCES SHOWN ON THI~ PLAN ARI IN MITRIS
ANO CAN BE CONVERTED TO FElT BY OIVJOINO BY O-a048.
CAUTION: THIS PlAN I S NOT A PLAN OF SUBDIVISION
WI THIN THE MEANING OF THE PLANNI NO ACT.
"
,"
DONEVAN a FLEISCHMANN co. LTD.
ONTARIO LAND SURVEYORS
II ONTARIO ST., SHERIDAN MALL,
OSHAWA t UG 4 ve. PICK!RJHO. L. V 188.
125. 4190, ea~ 3101 839" 8693
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ORAVN 8Y:msH .S.T,) CHKD. f1(: 0, C.r: SCA LI .. I. 1tX) JOB N9 I ~ 19528
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THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
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
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KIDDICORP INVESTMENTS LTD.
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PLAN
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,
10m. 0
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METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
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APPROVED BYlliE COMMISSIONER OF PLANNING PURSUANT TO
BY - LAW N9 184-80, AS AMENDED 1 OF THE REGIONAL MUNICIPALI TV OF
DURHAM. ON THE ____ DAY OF ________,19_~
APPROVED BY THE CORPORATION OF THE REGIONAL MUNICIPALITY
Of DURHAM IN WITNESS WHEREOF THE CooPORATION HAS HEREl.HTO
AFFIXED ITS SEAL PROPERLY ATTESTED THIS _ _ _ _ CAY
OF__ _ _ =-__, 19__,.
NOTE
BEA R I NOS ARE ASTRONOMIC AND ARE REFERRED TO mE N13020' E Of A
SOU TH LIMrr OF THE ROAD ALLOWANCE BETWEEN CONCESSIONS 263 AS
SHOWN ON PLAN lOR- t TOWN OF NEWCASTLE t REGIONAL
MUNI CIPALI TY OF DURHAM.
STANDARD IRON BARS t SHOWN THUS
16mm. sq. IRON BARS t 60 em. LONG t SHOWN THUS
20mm. DIA. ROUND IRON BARS t 60em. LONG t SHOWN THUS
MONUMENTA TlON FOUND
IRON BARS PLANrED , SHOWN THUS
STANDARD I RON BARS PLANTED t SHOWN THUS
COMMISSIONER OF PLANNING
REGIONAL CHAI RMAN
REGIONAL CLE RK
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PLAN
10M -_____________
I CERflFY THAT THIS PLAN 10M-___IS REGISTERED
IN THE LAND REGISTRY OFFICE FOR THE LANDnfLES
01 VISION OF NEWCASTLE(N9 10) AT ___ O'CLOCK ON
fHE___ DAY OF ____ ___, 19___,AND ENTERED
IN THE REGISTER FOR PARCEL________,
SEC nON __ ___ _ I AND REQUIRED CONSEN TS AND
AFFIDAVlfS ARE REGISrEREO AS PLAN DOCUMENf N9
LAND REGISTRAR
APPROVED______________
EXAMINER OF SURVEYS
NOTE
THIS PLAN COMPRISES ALL OF PARCEL
CURVE DISTANCES SHOWN ON PLAN ARE ARCS
CURVE DATA TAB LE.
LOT RADI US --- .-------
~ ARC CHORD
2 15.00 41014 '48" 10.798 10,561 N 00051' 14" E
3 18.25 4~OI' 19" 13.103 13.384 N 00002' 02"W
--
4 18.25 4(1) 0915'''-- 12.790 12. ~30 N 410 3719''- W
5 18.25 39058 '551r-- 12.735 12.478 N 8&<' 41 24" W
6 .18.25 31037~h II. 986 II. 771 N 5g> 301710 E
1 18.25 ~ao 35'-38" 16.152 16' 110 N 140 23' 36"E
8 18.25 4POO' 44~ 15,643 15.169 N 36<> 21' YJ"W
9 15, 00 41014' 47" 10.798 10.561 N <<>0 231 34' W
17 23.25 370261 54w- - N 29052' 57rrw--
~~~- 14.921
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18 23.25 I-.JJ~ 39 N63OI9TOzrw-
19 23.25 . 20002'41"- 8. 134 8,093 N 79036' 4 J"E
26 68.00 12016'30" 14.568 14.540 N 63021 05"E
27 48,00 -16018141rr-- 13.665 13.619 'N6/0 26'OO"E
41 23.25 04019r~ 1.155 1.155 NI3oI9'15"W
42 23.25 30000' 3311 12. 117 12.039 N30029rI61..-W
43 23.25 31002 28'r- 15. 031 14.170 N640 00'"46 W
-- 24001roo" N85024' 30"E
44 23.25 9.186 9.714
48 23.25 -----030 41' 50 rr- 1.500 1.500 N 110 30roo"E
49 23.25 360 10' 50" ~~ 4.682 14.439 . N510 33 45lfE
50 23.25 530 141 30w- 21.605 20.836 - ~o-51' 05lfE
120 20 19rr- ~- N 840 I I r 50" W
BLK. 52 23.25 5.001 4.991
SUC 58 48.00 000 22'05'r- 0,308 O' 308 N 53~~ E
68,00 000 15 f 23" 0'304 0,304 N 57<' 26' 32" E
BLACK - 48.00 15056~ 13.351 13'314 N 610 37'- 02''- E
CREEl< 68,00 12001007" 14.264 N 63034' 46" E
TRAIL 14.238
OWNERS'
CERTI FICA TE
I. THIS IS TO CERTIFY THAT LOTS I TO 51 I BOTH INCLUSIVE, BLOCKS 52 AND 53
THE STREETS 1 NAMELY WINDSOR VALLEY GATE, BLACKCREEK TRAIL AND CARRIAGE
THE STREET WIDENINGS, NAMELY BLOCKS 54 a 501 AND THE RESER'wfS
NAMELY BLOCKS 56, 51 a 58 HAVE BEEN LAID OUT IN ACCORDANCE WITH
OUR INS-TRUCTlONS.
2. THE STREETS AND STREET W!DENINGS ARE HEREBY DEOICATED AS
PUBLIC HIGHWAYS.
LANE
DA 'TE D THE
CAY OF
, 19 .
K I 0 D I CO R P
INVEST ME N 1S
LTO.
HANNU T. HALMINEN 1 PRESIDENT
SEAL
RORERO
LIMITED
KEITH SHERIDAN ALEXANDER MAOGWICK t PRESI DEN T
CARRYING ON BUSINESS AS BLACK CREEK DEVELOPMENrs
SEAL
SURVEYOR'S
CERTIFICATE
I CERTIFY -rHAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TI TLES ACT AND THE REGULA TlONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE DAY OF
DATE
C. F. FLE ISCHMANN
ON rARIO LAND SURVEYOR
OONEVAN a FLEISCHMANN co. LTD.
ON TARIO L AND SURVEYORS
II ONTARIO St, SHERIDAN MALL,
OSHAWA I LIG 4Y6. PICKERING, LIV 188,
725.4195 ,683,3701 839, 8693
DRAWN BY rn S J CHKOeY":3 C F rSC-ALE~I-i50-r:-J08--NQ I- 1952 F
THIS SCHEDULE IS SCHEDULE ftCft to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
CHARGES AGAINST SAID LANDS
(1)
MUNICIPAL TAXES
payment due on execution of this
Agreement
(2)
LOCAL IMPROVEMENT CHARGES
nil
(3)
DRAINAGE CHARGES
nil
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
! ~~d~EWCAS~TLE,
.! ~~ca~
) - CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
,
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of
$.45,750.00 (calculated at the rate of $915.00 for each dwelling unit)
which shall be paid as follows:
25% of the aforesaid sum prior to issuance of the first building
permits.
25% of the aforesaid sum at the date of the issuance of the
building permit for the thirteenth dwelling unit to be constructed.
25% of the aforesaid sum at the date of the issuance of the
building permit for the twenty-sixth dwelling unit to be
constructed.
the remainder of the aforesaid sum twenty-four (24) months
following issuance of the building permit for the first dwelling
unit or upon the issuance of the building permit for the 39th
dwelling unit, whichever date is the sooner.
For the purposes of this Schedule and the Agreement development charges
actually paid to the Town shall be applied in the first instance on a.
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but, upon
the issuance of the first building permit and thereafter, the development
charges shall be first applied in full satisfaction of the development .
charges owing on the lots or blocks in respect of which the building
permits have been issued and the balance of any development charges
actually paid to the Town (if any) shall be applied on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated
by this Agreement that residences shall be built but for which no building
permit has been issued.
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respe~t to any lot or block within the Plan whether issued tb'.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 parties hereto have hereunto set their hands and
seals the day and year first above ~ritten 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 lHE TOWN OF
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KIDDICORP INVESTMENTS LTD.
RORERO
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LIMITED --
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
GRANTS OF EASEMENTS TO BE DEDICATED
The owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by reference plan)
TWO easements for drainage purposes over the following lands:
Parts
on plan lOR-
Parts
on plan lOR-
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
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NEWCASTLE
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CLERK
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KIDDICORP INVESTMENTS LTD.
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RORERO LIMITED
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PLAN
MATERIAL
PLASTIC MATERIAL - MYLAR
GAUGE 0.003 INCH
PROCESS PHOTO GRAPHIC
INK SPECIAL 'T'
SIB (WIT.)
(N< 100.) n~
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PLAN
OF PART OF
PLA N 10M-
TOWNSHIP
OF
LOTS
SURVEY
49 AND 50
DARLINGTON. now in the
OF NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE - I: 400. C.r:: FLEISCHMANN. O.l.S.. 1984.
OF
TOWN
10m 0
r~ _-..iJ
10
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20m
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a
21.35
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I_or 50
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COr\!CESSIOr\!S
2
N73021'E ROAD W/DENIN$ BY /N$1. N9 N 20957
N1302'" l:..9 I. (N2I00.1
. BLO.CK 55
O.JO RESERVE
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I_or
49 -
LOT
48
LOT
47
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DARLINGTON
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I REOUIRE THIS PLAN TO ~
DEPOSITED UNDER THE LAND
TITLES ACT.
PLAN lOR- ___
RECE IVED AND DE POS I TED
DATE_______
DATE _______
SIGNATURE
LAND REGISTRAR FOR THE
LAND TITLES DIVISION OF
NEWCASTLE (N2 10)
APPROVED _ _ _ _ _ _ _ _ _ _
EXAMINER OF SURVEYS
"CAU TION II THIS PLAN IS
WITHIN THE MEANING OF
NOT A PLAN OF SUBDIVISION
THE PLANNING AC-r.
METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE N 73021' E OF
THE NORTH LIMIT OF LOTS 49 8 ~O I AS SHOWN ON PLAN 10 M-
TOWN OF NEWCASTLE I REGIONAL MUNICIPALITY OF DURHAM
STANDARD IRON BARS. SHOWN THUS
16 mm SQ. IRON BARS. 60 ern.. LONG, SHOWN THUS
20 mm DIA. ROUND IRON BARS. 60 em LONG. SHOWN THUS
MONUMENTATlON FOUND
MONUMEN TA nON PLAN TED
SIB
IB
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SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORREC r AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLE fED ON THE
DAY OF
, 1984
DATE
C. F FLE ISCHMAN N
ONTARIO LAND SURVEYOR
OONEVAN a FLEISCHMANN co. LTD.
ONTARIO LAND SURVEYORS
II ONTARIO S1': t SHERIDAN MALL t
OSHAWA t LIG 4 Y6 PICKERING t LlV IB8
725 -4-/95 I 683 -3-'01 839- 8693
DRAWN BY; wYCI CHKll-SY ~G.--c:-F.--I SCALE - I: 400 1 JOB N2 1-1952 E
'THIS'SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
LANDS AND/OR CASH TO'BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the
Town, deeds to the fOllowing land:
Blocks 54 and 55 (for road widening purposes) and Blocks .-56, 57. ,
and 58" (for reserves) all as shown on the attached proposed Plan
of subdivision.
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Town, as cash in lieu of the dedication
by the Owner ,to the Town of lands for public purposes, the amount
of five percent (5') of the market value of the said lands agreed
upon as five percent (5%) of $300,000.00, being $15,000.00, which
shall be paid as follows:
$7,500.00 upon the execution of this agreement.
$7,500.00 prior to the issuance of the 20th building permit.
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 )
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NEWCASTLE
MAY R
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CLERK
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KIDDICORP.INVESTMENTS LTD.
RORERO LIMITED
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
WORKS REQUIRED
1. STORM SEWER SYSTEM
The owner shall construct, install, supervise and maintain a st-orm
drainage system, satisfactory to the Town, for the removal of
upstream storm water and storm water originating within the said
lands, including storm sewer mains, manholes, service connections,
catchbasins and leads, open channels, storm outfalls and any other
appurtenances as may be required in accordance with the Town o~
Newcastle's Design Criteria and standard Drawings.
The Owner agrees to produce Engineering Drawings for the storm
drainage system, to the satisfaction of the Director of public
Works.
The Owner agrees to obtain any easements required external to the
said lands, at no expense to the Municipality for the disposal of
storm water from the said lands.
2. ROADWAYS
The owner shall construct and install the following services on the
various streets, shown on the Plan as follows:
(a) pavement widths as proposed.
(b) The grading and paving of all streets, including the
installation of Granular "A" and Granular "B" material
to provide a proper base for paving, shall be as per the
Town of Newcastle Design criteria & standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of
all streets, as per the Town of Newcastle's Design criteria
and standard Drawings.
(d) The Owner shall construct, install and maintain complete
sidewalks in accordance with the Town of- Newcastle's Design
criteria and standard Drawings, as proposed.
(e) The Owner agrees to the grading and paving of all driveways
between the curbs and sidewalks, in accordance-with the Town
of Newcastle's Design Criteria and standard Drawings. In
areas where there are no sidewalks, driveways will be paved
to the property line. For the purposes of this subsection
paving shall include interlocking brick installed in
accordance with plans and specifications to be approved by
the Director.
(f) The Owner agrees to construct, install and maintain street
Lighting, in accordance with the Town's specifications, on
all streets and walkways, to the satisfaction of the Director
of public works.
(g) The Owner agrees to the topsoiling and sodding of the
boulevards between the curbs and the property line, as
according to the Town of Newcastle's Design criteria and to
the satisfaction of the Director of public works.
/~
Schedule -G- - 2-
(h) The Owner agrees to supply, install and maintain traffic
signs and permanent street-name signs, in accordance with
the Town's Design Criteria and standard Drawings and to the
satisfaction of the Director of Public Works.
(i) The Owner shall provide, plant and maintain, under the
supervision of a qualified nurseryman or horticulturist
(and guarantee for one year from date of planting) one tree
on each lot, as per the Landscaping plan and in accordance
with the Town of Newcastle's Design Criteria and as
approved by the Director of pUblic works. Tree species to
be to the satisfaction of the Director, and 2 to 2.5 metres
in height and 3 cm. in caliper, staked and bagged as
necessary.
3. PEDESTRIAN WALKWAYS
Not applicable.
4. TEMPORARY TURNING CIRCLES
Not applicable.
5. CONSERVATION WORKS
In addition to the work required by the Schedule -Q", the Owner
shall construct, install and maintain certain conservation works
within this Plan, such as retaining walls, drainage channels and
watercourse channelization works, including all appurtenant fences
and all other apparatus, in accordance with the En~ineering
Drawings approved by the Director of public Works.
6. LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to
the Tree Preservation Plan and the Lot Grading Plan, to the
satisfaction of the Director of public Works and in the case of
parks, to the satisfaction of the Director of Community Services.
7. FENCING
Fencing along rear of Lots 43-50. Flankage of Lots 32 and 33 in
accordance with plans and specifications to be approved by the
Director of public Works and the Director of Planning.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year 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 )
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THE CORPORATION OF TH~ TOWN OF NEWCASTLE
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KIDDICORP INVESTMENTS LTD.
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RORERO LIMITED
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.THIS.SCHEDULE IS SCHEDULE nHn to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
UTILITIES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority haviny
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 Company in order that the installation of any such
system shall take place so far as possible contemporaneously
with the installation of other services so as to cause minimum
disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having
jurisdiction for the design, provision and installation of a
complete street lighting system to serve the said Lands on behalf
of the Town in whose ownership the system shall vest upon
completion including all appurtenant apparatus and equipment, in
the locations as approved by the Director. The Owner shall furnish
written evidence satisfactory to the Director that such
arrangements have been made prior to the issuance of any
Authorization to Commence works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or
Bell Canada for the design, provision and installation of a
telephone system to serve the said LandS, as approved by the
Director. All telephone services are to be installed underground.
4. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having
authority to provide its services within the area of the plan of
Subdivision for the design, provision and installation of a
complete cable television distribution system to serve the said
Lands. All cable television services are to be installed
underground.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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T~TION OF T~E TOWN OF NEWCASTLE
~~
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
THIS SCHEDULE IS SCHEDULE wI~ to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the schedule of Work;
(e) the staging plan;
(f) the Works Cost Estimate; and
(g) the stage cost Estimate.
The approval of the.Director shall not absolve the owner or the owner's
Engineer of the responsibility for any errors of omissions in the above
drawings, plans or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The owner's Engineer shall act as the owner's representative in all
matters pertaining to the construction and installation of the Works and
shall co-operate with the Town to obtain the necessary approvals for
construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
construction and installation of the works and the private Works and to
perform the following:
(a) provide field layout including the provision of line and grade to
the contractors and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work
is being performed in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing of materials
and equipment installed or proposed to be installed at the request
of the Director; and
(d) provide co-ordination and scheduling of the construction and
installation in accordance with the timing provision contained
herein and the requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances
which may arise during the construction and installation; and
(f) obtain field information, during and upon completion of the
construction and installation, required to modify the Engineering
Drawings to produce the As-constructed drawings.
4. MAINTAIN RECORDS
The owner's Engineer shall maintain all records pertaining to the
construction and installation.
5. PROVIDE PROGRESS REPORTS
The owner's Engineer shall provide the 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.
- 2 -
6. PREPARE AS CONSTRUCTED DRAWINGS
The owner's Engineer shall prepare the As-constructed Drawings for the
approval of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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~ION O~ THE TOWN OF NEWCASTLE
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE wJw to the Agreement which has been~uthorized
and approved by By-law No. 84-64 of the corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
COST ESTIMATES
ESTIMATED COST OF WORKS
(Phase
)
STORM .SEWERS (including pipes, manholes, catchbasins and
connections, underdrains, headwalls and
appur tenances) .
$151,339.00
ROADS
(including fine grading, Granular bases,
asphalting, curbs and gutters, sodding
boulevards, street lights, street signs,
. guiderails, and trees)
$192,640.00
$ 20,035.00
$ 17,535.00
$ 12,690.00
$ 59,245.00
ROUGH GRADING
SIDEWALKS
FENCING
ENGINEERING , CONTINGEUCIES AT 15\
TOTAL ESTIMATED COST OF SERVICES
$454,200.00
The Performance Guarantee has been based on preliminary Estimates
only, and when the final Engineering Drawings have been approved by the
Director of public Works, a revised Cost Estimate of the WorkS,
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
G~arantee, 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
I ~:;:.:.zOWN /EWCASTLE
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KIDDICORP INVESTMENTS LTD.
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RORERO LI ITED
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THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance
company approved by the Municipal Treasurer and duly authorized by law to
underwrite such insurance. Such policy or policies of insurance shall
indemnify the Town against all damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works
or any of the utilities or to any part or parts thereof
respectively; and
(b) any loss or damage that shall or may happen to any of the materials
or any of the. equipment or any other things used to construct or.
install any of the Works or any of the utilities or any part or
parts thereof respectively; and
(c) any injury to any person or persons including workmen employed on
the said Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use
or handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of
surface waters on or ftom the said Lands; and
(f) any loss or damage that shall or may result from the.disposal of
effluent from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or
to any other property of the Town or to the property of any other
person either directly or indirectly by reason of the Owner
undertaking the development of the said Lands together with any
or all of the Works and utilities pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of ,insurance shall be issued jointly in the names of
the Owner and the Town and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to,
or death of any person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to,
or death of, two or more persons arising out of the same
accident; and
(c) $1,000,000.00 for anyone occurance of property damage.
The issuance of such policy or pOlicies of insurance shall not be
construed to relieve the Owner from responsibility for other or larger
claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or polices of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building
or structure; or
(b) any pile driving or caisson work; and
Schedule "K"
- 2 -
(c) any collapse or subsidence of any building, structure or land
from any cause; or
(d) any storage, handling or use of explosives.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties/hereto have
hereunto affixed their corporate seals by the hands of the1r proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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~~~~/ NEWCASTLE
~YOR
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
THIS SCHEDULE IS SCHEDULE wLw to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the
Director, permission to carry out the blasting operation.
2~ REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands except for
construction purposes and such top soil must remain within the limits of
the said Lands unless otherwise permitted by the Director.
3. DUMPING OF FILL OR DEBRIS
The Owner agrees to .neither dump, or permit to be dumped, any fill or
debris on, nor to remove, or permit to be removed any fill from any lands
to be dedicated to the Town other than the roads within the limits of the
said Lands, without the written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed
. of in an orderly and sanitary fashion in a dumping area off the said Lands
provided by the Owner approved by the Director. The Town shall not be
responsible for the removal or disposal of garbage and debris. The Owner
agrees to deliver a copy of this clause to each and every builder
obtaining a building permit for any part of the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests
made of any materials or equipment installed or proposed to be installed.
The costs of such tests shall be paid by the Owner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure
that all public roads abutting the said Lands and all public roads used
for access to the said Lands, during any construction on the said Lands,
shall be maintained in a condition equal to that now existing and to the
approval of the Director. The Owner shall maintain, at all times, all
such roads free of dust and mud originating from the lands during the
course of construction. If damaged, the Owner agrees to restore
immediately, and at its own expense, such road to a condition equal to
that existing at the time of such damage and to the approval of the
Director. No public road outside the limits of the said Lands shall be
closed without the prior written approval of the authority having
jurisdiction over such public road. The Owner ag~ees not to use or occupy
any uhtravelled portion of any public road allowance without'the prior
written approval of the authority having jurisdiction over such public
road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the final surface treatment on
any road required to be constructed under this Agreement, remove any
contamination of the base course and repair and replace such base course,
where necessary, to the approval of the Director, in order that the
construction of such road shall not have suffered due to any use of the
base course as a temporary road.
Schedule "L"
- 2 -
8. 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.
IN WITNESS WUEREOFthe par~ies 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 )
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
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 a~d/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
CONDITIONS TO BE SATISFIED
Block 52
In accordance with Restricted Area
(Zoning) By-law 2111, as amended
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper L
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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T~TION OF THE TOWN OF NEWCASTLE
/ ,. ,dJ6~
- . CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
LANDS REQUIRING SITE PLAN APPROVAL
The owner agrees that no application will be made for a Building permit
for the erection of any structure on any of the lands listed in the
following table until a site 'plan agreement has been entered into with the
Town and the building permit'complies in all respect with the terms of the
site plan agreement.
LOT OR BLOCK NUMBER
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
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T~TION OF THE TOWN OF
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. CLERK
NEWCASTLE
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KIDDICORP INVESTMENTS LTD.
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RORERO LIMITED
THIS SCHEDULE IS SCHEDULE wpw to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE REIMBURSEMENT FOR THE
OVERSIZED AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS:
Nash Road Abutting Costs
Road Frontage 277.5 m
Excavation
Granular WBW
Granular wAw
HL6 Asphalt
HL3 Asphalt
Curb & Gutter
Under drains
Sodding
street Lights
Sidewalks
300mm Storm Sewer -
375mm Storm Sewer -
Manholes -
Catchbasins -
Sub Total
1,678 m3 @ $3.15
1,230 m3 @ $11.55
406 m3 @ $13.65
95 m3 @ $99.75
114 m3 @ $99.75
555 l.m. @ $30.00
.555 l.m. @ $5.00
1,860 m2 @ $2.65
6 @ $1,400.00
555 l.m. @ $35.00
90 m @ $100.00
97.5 m @ $110.00
3.Omm @ $550.00
4 @ $650.00
15% Engineering & Contingencies
100% Total Cost
Owners Share @ 25%
The Owner's Share of the Works Cost Estimate contained herein is a fixed
cost, and shall be paid to the Town of Newcastle by cash or certified
cheque as follows:
$17,700.00 upon the execution of this agreement.
$17,700.00 prior to the issuance of the 20th building permit.
~nd thereafter the Owner shall have no further liability or be subject to
any claim in future for the qonstruction of or maintenance of the works
~intended to be constructed i~ future as described herein.
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Schedule lip"
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2. STORM DRAINAGE:
In accordance with paragraph 5.27 of the Agreement and Schedule ftGft (1) of
the Subdivision Agreement, hereto attached, the Town agrees to make every
effort to reimburse the Owner for all excess capacity required for
External Drainage areas through the said lands at such time as additional
development takes place which shall utilize such excess capacity. All
calculations will be completed by the Owner's Engineer and approved by the
Director of Public Works, and the costs of such oversized service shall be
determined upon final approval of the Engineering Drawings by the
Director.
The Estimated Cost of this oversizing is Eight-thousand seven hundred and
fifty-one dollars $8,751.00.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and y~ar 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 )
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T~N OF THE TOWN OF NEWCASTLE
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. CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
THIS SCHEDULE IS SCHEDULE ftQft to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
CONSERVATION AUTHORITY'S WORKS
1. The owner agrees as follows:
(a) the Owner agrees to submit a storm drainage plan to the
Central Lake Ontario Conservation Authority for review
and approval.
(b) the Owner agrees not to carry out grading, filling or
construction to the storm drainage system for the site
without permission of the Central Lake Ontario
Conservation Authority and further agrees that the
condi~ions stated on all Authority permits for these works
are carried out to the satisfaction of the Authority.
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 )
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NEWCASTLE
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
THIS SCHEDULE IS SCHEDULE wRw to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
Actual cost of engineering
services and inspection fees up to
a MAXIMUM of $4,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated
cost of services whichever is
greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as specified in Schedule
"J" for Hydro Distribution System shall not be included for the purposes
of calculating engineering and ,inspection fees as contemplated by this
Schedule.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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TH~ON OF THE TOWN OF NEWCASTLE
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "s" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
See Attachment A
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
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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Attachment "A" to Schedule "s"
Re: Fi le 18T -81033
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS SUBDIVISION ARE AS
FOllOWS:
NO. COND ITIONS
1. That this approval applies to plan of subdivision 18T-81033, job number
1-1952, prepared by Donevan and Fleischmann, O.l.S., dated August "25, 1981,
which is revised in red and shows 51 single family lots and one block.
2. That the road allowances included in this draft plan be dedicated as public
highways.
3. That the owner conveys land in the amount of 5% of the land incl uded in the
plan to the Town of Newcastle for park purposes pursuant to the provisions of
section 36(5) of The Planning Act. Alternatively, the Town may accept cash-
in-lieu of all or a portion of the said conveyance and under the provisions
of section 36(8) of The Planning Act, the Town is hereby authorized to do
so.
4. That 0.3 metre reserve, adjacent to Nash Road be conveyed to the Town of
Newcast 1e.
5. That Block 53 be conveyed to the Town of Newcastle and held in trust by the
Town until required for the future development of adjacent land.
6. That the streets on the final plan shall be named to the satisfaction of the
Town of Newcastle and the Region of Durham.
7. That such easements as may be requi red for ut i1 it ies, drainage and servici ng
purposes shall be granted to the appropriate authority.
8. That the area to be subdi vided shall be zoned to reflect the uses shown on
the draft plan in an appropriate zoning by-law passed by Council and either:
a) submitted to and approved by the Ontario Municipal Board; or
b) in effect in accordance with section 39(26) of The Planning Act.
9. That the zoning by-law referenced in condition 8 shall contain a provision to
prohibit all buildings and structures in Block 52.
10. That the owner submit a storm drainage plan to the Central lake Ontario
Conservation Authority for review and approval.
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Attachment "A" to Schedule "s"
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NO. CONDITIONS (cont'd)
11. That prior to final approval of the plan, the owner shall satisfy all
requirements, financial and otherwise, of the Town of Newcastle. This shall
include, alOOng other matters, execution of a subdivision agreement between
the owner and the Town of Newcastle, concerning the provision and
i nstallat ion of roads, services, drainage, etc.
12. That prior to final approval of the plan, the owner shall sat isfy all
requirements', financial and otherwise, of the Regional Municipality of
Durham. This shall include, among other matters, execution of a subdivision
agreement between the owner and the Regional Munci pa 1 ity of Durham concerni ng
the provision and i nstallat ion of sanitary sewer, water supply, roads and
other regional services.
13. That the subdivider provide for the extension of such trunk sanitary sewer
and water supply facilities which are external to, as well as within the
limits of the plan which are required to service such plan. In addition, the
subdivider to provide for the extension of trunk sanitary sewer and water
supply facilities within the limits of the plan which are required to service
other developments external to his subdivision. Such sanitary sewer and
water supply facilities to be designed and constructed as per the standards'
and requirements of the Works Department of the Regional Municipality of
Durham; all arrangements, fi nanci al and otherwise, for sa id extens ions are
to be to the satisfaction of the Regional Municipality of Durham and are to
be completed prior to release of the final plan for .registration.
14. That prior to entering into a subdivision agreement, the Regional
Municipality of Durham is to be satisfied that adequate water pollution
control plant and water supply plant capacity is available to service the
subject development.
15. That the owner agrees in the subdi vision agreement referenced in condit ion
11, not to carry out grading, filling or construction to storm drainage
system for the site without permission of the Central Lake Ontario
Conservat ion Authority and further agrees that the condit ions stated on all
Authority permits for these works are carried out to the satisfaction of the
Authority.
16. Prior to approval of the final plan, the Commissioner of Planning for the
Regional Municipality of Durham shall be advised in writing by
a) the Town of Newcastle how conditions 2, 3, 4, 5, 6, 7, 8, 9 and 11 have
been sat is fi ed;
b) the Central lake Ontario. Conservation Authority how conditions 10 and 15
have been satisfied.
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"'. -Attachment "A" to Schedule "s" .
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NOTES
1. We suggest you make yourself aware of:
~) section 143(1) of The land Titles Act, which requires all new pJ~ns be
registered in a land titles system; and
b) sect ion 143(2) which allows certain except ions.
2. It is suggested that the municipality register the subdivision agreement as
provided by s~ction 36(6) of The Planning Act against the land to which it
applies, as notice to prospe~tive purchasers.
3. A copy of the agreement shall be sent to the following agency in order to
expedite clearance of the final plan.
Mr. Wm. Fry
Central lake Ontario Conservation Authority
1650 Dundas Street East
Whitby, Ontario llN 2K8
4. Where the zoning by-law is referenced in condition 8, the explanatory n.ote
of the said by-law should make reference to this subdivision T-file number.
This would expedite the Region's or other agency's review of the by-law.
5. If final approval is not given to this plan within three years of the draft
approval date, and no extensions have been granted, draft approval shall
lapse under section 36(13) of The Planning Act. Extension may be granted
provided valid reason is given and submitted to the Regional Municipality of
Durham well in advance of the lapsing date.
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OATED:
1984
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
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KIDDICORP INVESTMENTS LTO ANO
RORERO LIMITEO
SUBOIVISION AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB lJO
._.
November 1, 1984.
Ha.!..ln.n Homes Ltd..
Carlstrap Street,
B~nvllle, Ontario.
UC 3Y7.
Attention: Nr.H. Hal_toen:
Dear Sir:
Re: Subdivision Agreement betweenttleCorporatlon tjf the Town
of Newcastle and Black Creek Developments.
Our Flle: 60.46.117.
Enclosed herewith Is a cop)' of the above-noted Agreement, which
has betn reglste,red In the Registry or,tce, Registry Division of
Newcastle (No. 10) f on August2n4 1984. as I~trument Humber
16n. .
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.Otvld W. Oakes. B.A..A.M.C.T.,
Town Clerk.
OWO/IIS
"Enclosure.
cc:.Plannint Department
P~Hc WOrks Departillnt
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SUBDIVISION AGREEMENT
BETWEEN
TilE TOWN OF NEWCASTLE
AND
BLACK CREEK DEVELOPMENTS
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TABLE OF CONTENTS
SUBDIVISION AGREEl-IENT BETWEEN
THE TOWN OF NEWCASTLE
AND
BLACK CREEK DEVELOPMENTS
2. General. . . . . . . . . . . . · . . . . · . . . . . . . . . .. . . . · . . . · · . . .
Pg. 2
Pg. 3-6
Pg. 7-9
Pg. 10-13
Pg. 14-21
1 ~ De fin i t ion s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . .
3 . F i na n cia 1 . . . . . . . . . . . . '. . . . . . . . . . . . · . . . . · . . . . . . . . .
4. Planning. . . . . . . . . . . . · . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. public Works....................................
APPENDIXES:
Schedule .A........................... Legal Description of said Lands
Schedule .B........................... plan of subdivision
Schedule .C........................... Charges Against Said Lands
Schedule .0........................... Development Charges
Schedule .E........................... Grants Of Easements To Be Dedicated
Schedule .p........................... Lands And/Or Cash To Be Dedicated
Schedule .G........................... Works Required
Schedule .H........................... utilities Required
Schedule .1........................... Duties Of Owner's Engineers
Schedule · J. . . . . . . . . . . . . . . . . . . . . . . . . .. Cost Estimates
Schedule .K........................... Insurance Policies Required
Schedule .L........................... RegUlations for Construction
Schedule .MR.......................... Use Of Said Lands
Schedule .N........~................... Lands Unsuitable por Building
Schedule .0........................... Lands Required Site Plan Approval
Schedule RPR.......................... oversized And/Or External Services,
And The Reimbursement For The
Oversized And/Or External Services
~chedule ROR.......................... Conservation Authority's Works
Schedule .RR.......................... Engineering And Inspection Fees
por Development
Schedule RSR.......................... Region's Conditions Of Draft
Plan Approval
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This AGREEMENT made in quintuplicate this
19CY
/Y day of /JJ7.
BETWEEN:
TilE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter called the wTOWNw OF THE FIRST PART,
- and -
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
carrying on business as Black Creek Developments
Hereinafter called the wOWNERw OF THE SECOND PART
- and -
RORERO LIMITED
Hereinafter called the wMORTGAGEEw OF TUE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in
Schedule wAw hereto, are hereinafter called the wLandsw and constitute
5.288 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 Lands;
AND WHEREAS. the Owner warrants that it has applied to The Regional
Municipality of Durham, hereinafter called the Region for approval of a
plan of subdivision of the lands;
AND mlEREAS to co~ply with the Region's conditions for such approval, the
Owner has consented to enter into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Regional Municipality of 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 utilties referred to in Schedule wHw and
h~reinafter called Wutilitiesw;
NOW THEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
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1. DEFINITIONS
In this Agreement:
1.1 wCouncilw shall mean the Council of the Corporation of the Town of
Newcastle:
1.2 wDirectorW shall mean the Director of public Works of the Town of
Newcastle or his designated representative as may be appointed by
Council to act in his place:
1.3 wTreasurerw shall mean the Treasurer of the Corporation of the Town
of Newcastle;
1.4 wDirector of Community Servicesw shall mean the Director of
Community Services of the Corporation of the Town of Newcastle:
1.5 wDirector of PlanningW shall mean the Director of Planning of the
Corporation of the Town of Newcastle:
1.6 wsolicitorW shall mean the Solicitor of the Corporation of the Town
of
Newcastle;
1.7 wownerw 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 wCommissionerw shall mean the Commissioner of Planning for the
Regional Municipality of Durham.
1.9 wMinisterW shall mean the Minister of Municipal Affairs and
Housing, ontario.
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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 plan of subdivision for the said Lands, which plan
shall be the plan prepared for approval by the Region. The plan is
attached as Sche~ule waw and is hereinafter called the wPlanw. The Owner
shall also furnish to the Town at the time of the execution of this
Agreement, one copy of the said Plan containing the stamp of approval o~
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 Schedule wEw
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 lands set out
in Schedule wFw hereto. Such conveyance shall include the dedication by
the Owner to the Town of the lands required by the terms of The Planning
Act, as amended, from time to time to be dedicated for public purposes,
other than for highways, unless the Town has agreed to accept cash in lieu
of such lands, as provided herein.
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2.5 REGISTRATION OF DEEDS AND GRANTS OR 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
(1) There are no lands for school purposes and secondary option.
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:
30 Caristrap street,
, Bowmanville, Ontario LlC 3Y7
or such address as the Owner has notified the Town, in writing, and any
such notice mailed or delivered shall be deemed good and sufficient notice
under the terms of this Agreement.
2.9 REGISTRATION OF AGREEMENT
The Owner and Mortgagee hereby consent to the registration of this
Agreement by the Town and covenant and agree not to register or permit the
registration of any document after registration of the plan of Subdivision
on any land included in the said Plan unless this subdivision Agreement,
and any deeds, easements or other documents required to be furnished
thereunder, have first been registered against the title to the land
included in the Plan.
2.10 RENEGOTIATION AND AMENDMENT OF AGREEMENT
(1) The Owner agrees that the Town may at its option in the
circumstances set out below on thirty (30) days written notice to the
Owner, declare this Agreement to be subject to renegotiation, whereupon
the Owner agrees not to undertake any construction or installation of any
of the Works until this Agreement has been renegotiated. This Agreement
may be subject to renegotiation if:
(i) the Commissioner approves a Plan of subdivision for the said
lands which is sUbstantially different from the plan attached
hereto as Schedule "B"; or
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(ii) the plan of Subdivision is not finally approved by the
commissioner and registered within eighteen (18) months
of the date of the execution of this Agreement; or
(iii) the agreement between the Owner and the Region has not been
executed at the time of the execution of this Agreement, or
such agreement has been executed and is subsequently amended,
and the provisions of such agreement affect materially the
location or sizing of any of the Works to be supplied and
installed under the terms of this Agreement; or
(iv) no construction or installation of any of the Works has
commenced within two (2) years from the date of registration
of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend
the terms of this Agreement and any of the Schedules but an amendment
shall only be effective if in writing and executed under the seals and
hands of the proper officers of each party.
(3) The parties hereto acknowledge that at the time of the
execution of this Agreement, only a red lined copy of the plan of
subdivision is in existence and all descriptions in this Agreement and the
Schedules annexed hereto refer to the descriptions in the red line plan
annexed hereto as Schedule "B". Upon the final plan of subdivision being
apprqved by the Region the final plan shall be substituted for the red
lined plan annexed as Schedule "B" and all amendments necessary or
requisite shall be made to conform with the descriptions used in this
Agreement and the Schedules (and without limiting the generality of the
foregoing, in particular Schedules "B", "E", "F", "G", "N", "0", "P", and
"0") with the final plan of subdivision.
2.11
TOWN TO ACT PROMPTLY
Wherever the Town, or the Solicitor, or the Treasurer for the Town, or the
Director, is required to take action pursuant to this Agreement, or is
required to make a decision or render an opinion, or give confirmation or
give authorization, permission or approval, then such action, decision,
confirmation, authorization, permission or approval shall be made promptly
and in all respects the Town and its officers, servants or agents shall
act reasonably.
2.12
ASSIGNMENT OF AGREEMENT
The Owner shall not assign this Agreement without prior written consent of
the Town and no such assignment shall relieve the subsequent owner of any
of his obligations under this Agreement.
2.13 SCHEDULES TO AGREEMENT
The following schedules which are identified by the signatures of the
parties to this Agreement, and which are attached hereto, together with
all provisions contained therein, are hereby made a part of this Agreement
as fully and to all intents and purposes as though recited in full herein:
Schedule "A"
"Legal description of said Lands"
Schedule "B"
"plan of Subdivision for final approval"
Schedule "C"
"Charges against said Lands"
Schedule "D"
"Development charges"
Schedule "E"
"Grants of easements to be dedicated"
Schedule "F"
"Lands and/or cash to be dedicated"
Schedule "G"
"Works required"
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schedule "B"
Schedule " I"
Schedule "J"
schedule " K"
Schedule "L"
Schedule "M"
schedule "N"
Schedule "0"
Schedule "P" . -
Schedule "Q"
Schedule "R"
Schedule "S"
2.14 MORTGAGE
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"utilities required"
"Duties of owner's Engineer"
"Cost Estimates"
"Insurance policies required"
"Regulations for construction"
"Use of said lands"
"Lands unsuitable for building"
"Lands requiring site plan"
"oversized and/or External Services"
"Conservation Authority's Works"
"Engineering and Inspection Fees"
"Minister's/Region's Conditions of Approval"
The Mortgagee does hereby postpone his mortgage to this agreement with
the intent that this Agreement shall take effect as though dated, executed
and registered prior to the mortgage and the Mortgagee covenants and
agrees that in the event that he obtains ownership of the said lands by
foreclosure or otherwise, he shall not use or develop the said lands
except in conformity with the provisions of this Agreement..
2.15
SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of
the parties hereto, its, his or her respective heirs, executors,
administrators, successors or assigns.
2.16
PLAN APPROVAL
Upon receipt of the payments herein required and upon the execution and
registration of this Agreement, the Council will recommend to the Region
that the plan be approved for registration.
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3. FINANCIAL
3.1 PAYMENT OF TAXES
The Owner shall, at the time of the execution of this Agreement, pay all
Municipal taxes outstanding against the said Lands, as set out in Schedule
"C" hereto. The Owner further agrees to pay any municipal taxes which may
become due and payable by it, in respect of any of the said Lands, prior
to the sale by the Owner of such lands.
3.2 PAYMENT OF LOCAL IMPROVEMENT CHARGES
The Owner shall, at the time of the execution of 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, aginst the said Lands, as set out in
Schedule "C" hereto, including the commuted value of such charges falling
due after the execution of this Agreement.
3.4 PAYMENT OF DEVELOPMENT CHARGES
The Owner shall pay all development levies in the amounts and at the times
set out in Schedule "D" hereto. Notwithstanding the provisions of
Schedule "D" as to the times at which the development charges shall be
paid, the Owner shall, prior to the issuance of any building permit in
respect of any lot or block, pay all remaining development charges
assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The Owner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the Owner to the Town of lands for public purposes, other
than highways, the amount of such cash payment shall be as set out in
Schedule "F" hereto. The Owner further agrees to pay to the Town on any
such cash payment as set out in Schedule "F" hereto, at the time of the
execution of this Agreement.
3.6 PERFORMANCE GUARANTEE REQUIRED
(1) The Owner shall, prior to the issuance of any Authorization to
Commence Work, lodge with the Town by cash or by means of an irrevocable
letter of credit issued by a chartered Canadian bank, guaranteeing the
performance by the Owner of the provisions of this Agreement. Such cash
or irrevocable letter of credit shall be in an amount equal to the Works
Cost Estimate with respect to the plan or stage of the Plan covered by the
Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by
the Treasurer 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.
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3.8 INDEMNIFICATION OF TOWN AND INSURANCE
The owner covenants and agrees to indemnify the Town against all act,ions,
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
apprpval of the Town Solicitor, and the Town Treasurer, an~ 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.
(4) the Town may, from time to time, reduce the amount of the
value of the performance Guarantee to reflect the progress of the Works
required to an amount equal to the value of the uncompleted works, plus
ten percent (10%) of the value of the completed Works on approval by the
Director of a progress Certificate prepared by the owner's Engineer.
3.12
REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
(1) The owner agrees that the Town shall not be obliged to release to
the Owner the unused portion of any Maintenance Guarantee until:
(a) a certificate of Acceptance has been issued for the Works for
which such Maintenance Guarantee was required; and
(b) the Town is satisfied that, in respect of the
maintenance of all of the Works for which such
Maintenance Guarantee was required, there are no
outstanding claims relating to such works.
(2) The ToWn shall release to the owner the unused portion of any
Maintenance Guarantee upon fulfillment of Clause (a) and (b) of
subparagraph (1) hereof.
3.13
(1) Every provision of this Agreement by which the owner is obliged in
any way shall be deemed to include the words -at the expense of the owner-
unless the context otherwise requires.
PAYMENT OF MUNICIPAL COSTS
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(2) The Owner, upon the execution of this Agreement, shall reimburse
the Town for all reasonable legal, planning, engineering and other
technical advice and assistance actually incurred by the Town in
connection with the preparation for an attendance at any ontario Municipal
Board hearing(s) in respect of the approval of any amendment(s) to the
Town's Restricted Area zoning By-law necessary for the implementation of
the plan.
. (3) The Owner shall reimburse the Town for all reasonable legal and
administrative expenses actually incurred for the preparation and
registration of this Agreement, and the legal services contemplated by the
terms of this Agreement, which shall include review of performance
guarantee and the preparation of any release.
(4) The owner 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 "R" hereto.
3.14
UNPAID CHARGES
The due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days E.O.M. after the date of the
invoice. Interest at one and one-half per cent (1-1/2%) per month shall
be payable by the Owner to the Town on all sums of money payable herein,
which are not paid on the due dates, calculated from such due date.
3.15
OCCUPANCY PERMIT
prior to the.issuance of the first building permit the owner agrees to
lodge with the Town an irrevocable Letter of Credit annually renewable and
issued by a chartered Canadian bank in an amount of seven thousand, five
hundred dollars ($7,500.00) to guarantee that occupancy does not occur in
respect of any lot or block before issuance of an occupancy permit for
such lot or block. In the event that occupancy occurs in respect of any
lot or block before the issuance of an Occupancy permit contrary to
paragraph 4..8 the sum of seven hundred and fifty dollars ($750.00) shall
be immediately forfeited to the Town for any lot or block and upon
forfeiture the owner shall immediately restore a Letter of Credit for the
full amount of seven thousand, five hundred dollars ($7,500.00). So that
the amount of security deposit on hand with the Town always equals seven
thousand, five hundred dollars ($7,500.00). The Letter of Credit shall be
released to the owners at such time as the last unit is ready for
occupancy in accordance with the terms of this Agreement or at such
earlier date as agreed in writing by the parties. The Town agrees to
permit the Letter of Credit lodged by the owner to be substituted, either
in whole or in part, by a Letter of Credit submitted by the builder to
whom the owner has sold a lot or block with the plan. The Owner agrees to
obtain any such Letter or Letters of Credit, on behalf of and in favour of
the Town, at such time as any or all of the said lands .are sold. The Town
further agrees to release substituted portions of the owner's Letter o~
Credit, in respect of occupancy.
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4. PLANNING
4.1 APPROVAL OF TREE PRESERVATION PLAN
The owner agrees not to remove trees from valley lands without the written
approval of the Central Lake ontariq Conservation Authority and not to
remove trees from lots or blocks except those that would otherwise prevent
it from carrying out the Works or from utilizing any lot or block by
reason of its inability to site a dwelling on such lot or block because of
such trees. .
4.2 USE OF SAID LANDS
The Owner agrees that the said Lands shall not be used for any purpose
other than that set out in Schedule wMw 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 wNw hereto are unsuitable for building purposes and that no
application will be made for a building permit for the erection of any
structure on any such lot or block until the conditions outlined in
Schedule wNw 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
wOw 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 appl~ed for will be issued in respect
of any of the said Lands. The Owner agrees that no application for any
building permit in respect of any of the said Lands shall be made until:
(1) all easements for utilities or drainage, or other purposes
across the lot or block in respect of which a building permit
is proposed to be issued have been transferred to the Town;
and
(2) all the roads which are required to be constructed under this
Agreement to provide access to the proposed building, have
been constructed to at least the completed base course of
asphalt.
(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
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(5)
(6)
(7)
(8)
(9)
..(10)
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all of the utilities required to be constructed and. installed
under such roads have b~en constructed and installed to the.
approval of the auth~rities having jurisdi~tion over such
utilities; and .
the owner has provided the Director of planning with a mylar .
and four copies of a street numbering plan satisfactory to..~~'
the Town and each street number shall permanently apply to
the lot or .block shown on the plan and shall be provided by
the owner to all subsequent owners; and
the balance of all Development Levies have been paid in.
respect of the lot or block in the plan for which the
building permit is applied for; and
the Owner has deposited the Occupancy Letter of credit as
required by_parag~aph 3.15 of this Agreement; and
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if the application for a building permit is in respect of any'
lot or block set out in schedule wNw the owner has fulfilled
the conditions with respect to the lots and blocks as set out
in schedule wNw as required by paragraph 4.3 of this
Agreement; and
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(2) The Owner agrees that any model home shall be used for display'
purposes only and shall not be occupied for any residential purpose until
such time as the provisions of paragraph 4.8 of this Agreement have been
complied with and if such model home is occupied for residential purposes'
contrary to this paragraph the .provisions of paragraph 3.15 shall apply.
(3) (a) the Owner covenants and agrees with the Town that he will
exercise or cause to be exercised, architectural control over the design
and construction of dwellings within the plan by requiring that the
exterio~ construction on all dwellings be at least 45 per cent masonry
e.g. brlck, stone or other earthern products, but excluding stucco and
concrete block or at least 45 per cent finished wood siding excluding
.plywood, particle board or other similar wood sheeting mate:ials.
(b) the Owner covenants and agrees that in the Agreement of
Purchase and Sale, he will require each builder purchasing from him to
file, prior to applying for a building permit, with the Town a ~aster
PI~n, to be approved b~ the To~n, for the lot purchased by the
bUllder/purchaser showlng houslng types, elevations and the distribution
of models on such lots.
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4.7 REQUIREMENTS FOR SALE OF LANDS
The Owner agrees not to sell any or all of the said Lands until:
(1) the Town has registered against the title to such lands any grant'
of easement in respect of such lands; and
(2) where no building permit has been issued in respect of any lot or
block proposed to be sold, the Owner has obtained from the
prospective purchaser a covenant that such purchaser agrees at any
time prior to the issuance of a building permit, to provide the
Town with any grants of easement required for utility or drainage
purposes upon the written request of the Town; and
(3) the Owner has obtained from the prospective purchaser a licence to
permit the 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 ~h~ Town and is
in good standing_
(5) the Owner has included the following Notices in the Agreements of
Purchase and sale entered into by prospective purchasers:
(a) that the lands are subject to the covenants and obligations
set forth in this Agreement, and more particularly, section
5.28 in respec~ of obligations of subsequent owners;
4.8 REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
Notwithstanding the requirements of any statute regulation or by-law for
the issuance of any permit authorizing the occupancy of any dwelling or
other structure, the Owner shall not permit any building on the said lands
to be occupied, and no one shall occupy such building without the written
permission of the Town hereinafter called an "Occupancy Permit". In
addition to any other requirements contained herein, no Occupancy Permit
shall be issued for any building until: It
(1) all of the roads which are required to be constructed under tpis
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
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
a'hd
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(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
,b
approval of the authorities having jurisdiction over such
utilities; and .
(4) the building has been connected to and is serviced by a water~
supply and sewage disposal system to the written approval of
the authority having jurisdiction; and
(5) the Owner's Engineer has provided the Director with written
confirmation that the lot or block, where such building is
located, conforms to the Grading and Drainage Plan, or has
received the written approval of the Director with respect
to any variance to the Grading and Drainage Plan.
(6) Notwithstanding the provisions of sub-paragraph (5) of this
Clause the Owner shall be entitled to a temporary Occupancy
permit in the event that the Owner has not been able to
comply with the requirements of sub-paragraph (5) by reason
of seasonal, weather or other conditions beyond the control
of the Owner.
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4.9 SPECIAL CONDITIONS
(1) The Owner covenants and agrees to satisfy the requirements
of the Central Lake Ontario Conservation Autho~ity as
contained in Schedule "Q" hereto.
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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
"H".
5.3 OWNER'S ENGINEER
The Owner shall retain a competent professional Engineer, registered by
the Association of Professional Engineers of Ontario and hereinafter
called the "owner's Engineer", to administer this Agreement, whose duties
are set out in Schedule "I" 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 of 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 ~evised and re-approved
drawings.
5.6 APPROVAL OF GRADING AND DRAINAGE PLAN
The Owner shall, prior to the issuance of any Authorization to Commence
Work as provided herein, have received the written approval of the
Director of a plan, hereinafter called the "Grading and Drainage Plan",
and showing thereon the existing drainage pattern on all adjacent lands,
all proposed grading and drainage works for the said Lands, indicating the
direction of all surface drainage, including water from adjacent lands
originally flowing through, into or over the said lands to the municipal
storm sewer system or any other outlet approved by the Director. This
Grading and Drainage plan shall be approved and signed by the Director
prior to the construction of any services or roads on the said Lands. If
no construction of the works is commenced within two (2) years of the date
of approval of the Grading and Drainage Plan, the Grading and Drainage
Plan shall be resubmitted to the Director for reapproval and revision, if
required by the Director and no such work shall be done unless in
accordance with the said revised and reapproved drawings.
5.7 STAGING OF WORKS
If the Owner wishes to construct and install the Works .and utilities in
stages, the Owner shall, prior to the issuance of any Authorization to
Commence Work as hereinafter provided, prepare for the approval of the
Council of the Town, a plan hereinafter called the "Staging Plan" which
divides the Plan into stages for the construction, installation and
maintenance of the Works and utilities.
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The Owner shall not proceed until such staging Plan has been approved by
council, and shall proceed'only in accordance with such approved plan,
except as it may be subsequently amended with the approval of Council.
5.8 APPROVAL OF SCHEDULE OF WORKS
The Owner shall, prior to the issuance of any Authorization to Commence
Work, as hereinafter provided, receive the written approval of the
Director of a schedule (hereinafter called the "Schedule of Works") which
sets out the timing sequence in which the Owner proposes to construct and
install all of the Works and utilities and, where the installation of the
Works and utilities are to be staged the Owner shall, prior to the
Authorization to Commence Work for each such stage, receive the written
approval of the Director of a Schedule of Works for such stage. The Owner
shall proceed only in accordance with the approved schedule, except as it
may be subsequently amended with the approval of the Director.
5.9 APPROVAL OF COST ESTIMATE
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 Director and entered in Schedule "J"
hereto. If the Town has approved a Staging Plan for the said Lands, the
Owner further agrees that the estimated cost of construction and
installation of the Works for each stage, hereinafter called a "stage Cost
Estimate" shall be approved by the Director and entered in Schedule "J"
hereto.
5.10' REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
The Owner shall not commence the construction or installation of any of
the Works without the written permission of the Town, hereinafter called
an "Authorization to Commence Works". The Owner shall only commence those
Works permitted by the Authorization to Commence Works. In addition to
any other requirements contained herein, no Authorization to Commence
Works shall be issued for any of the Works until:
(1) the plan has received final approval from the Region; and
(2) the Plan has been registered; and
(3) the Owner has delivered copies of the plans and Agreements as
required by paragraph 2.2 of this Agreement; and
(4) the Owner has paid to the Town any outstanding charges against the
said lands required by paragraph 3.4 of this Agreement; and
(5) the Owner has conveyed to the Town any easements as required by
paragraph 2.3 of this Agreement, and such easements have been registered;
and
(6) the Owner has conveyed to the Town any lands and paid any cash as
required by paragraphs 2.4 and 3.5 of this Agreement, and any such
conveyance has been registered; and
(7) the Owner has delivered letters from the appropriate public
utilities Commission, or authority or company having jurisdiction, stating
that satisfactory agreements have been entered into for the design and
installation of the utilities as required by paragraph 5.2 of this
Agreement; and
(8) the Owner has appointed an Engineer as required by paragraph 5.3 of
this Agreement; and
(9) the Owner has received the written approval of the Director for the
Engineering Drawings as required by paragraph 5.5 of this Agreement; and
(10) the Owner has received the written approval of the Director of.the
landscaping required as part of the Works and more particularly referred
to in Schedule "G"; and
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(11) the Owner has ...ceived the written approv~ of the Director of the
. ~radttig and Drainage~n as required by paragra~5.6 of this Agreement;
and
(12) the Owner has received the written approval of the Council of the
Town for the staging plan as required by paragraph 5.7 of this Agreement;
and
(13) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph 5.8 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Works Cost Estimate and/or stage Cost Estimate as required by paragraph
5.9 of this Agreement; and
(15) the Owner has deposited with the Town the Performance Guarantee
applying to that stage of the Plan for which the Owner is seeking such
Authorization to Commence Works as required by paragraph 3.6 of this
Agreement; and
(16) the Owner has deposited with the Town any policies of insurance as
required by paragraph 3.8 of this Agreement; and'. '.
(17) the Owner has paid all Town costs as required by paragraph 3.13 of
this Agreement as of the date of the issuance of the Authorization to
Commence Works; and
(18) the Owner has paid all costs due to the Town for oversizing as
required by paragraph 5.27 of this Agreement.
(19) Notwithstanding the above the Owner may commence installation of
the work as referred to in Schedule "G" hereto with the written approval
of the Director, prior to the registration of the Plan provided that
Sections 3, 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17 and 18 of this Clause,
have been satisfied. No Certificate of Acceptance of the work, as
referred to in Clause 5.25 of this Agreement, shall be issued by the
Director, until the plan has been registered and all other requirements
relevant to the Certificate of Acceptance have been met. The construction
or installation of any of the work pursuant to this clause shall,
notwithstanding the aforementioned approval of the Director, be taken at
the sole risk of the Owner. The Owner shall save harmless the
Municipality from any action or cause of action resulting from the
construction or installation of any of the work as may be undertaken
pursuant to this Clause.
5.11
REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
If the Town has approved a Staging plan for the said Lands, the Owner
shall require an Authorization to Commence Works for each stage of the
Plan. If the Town has issued an Authorization of Commence Works for one
stage of the plan, in addition to any other requirements contained herein,
no Authorization to Commence Works shall be issued for any subsequent
stage of the plan until: .
(1) the stage Cost Estimate for such stage has been approved by the
Director and entered in Schedule "J" hereto; and
(2) the Owner has deposited with the Town the performance Guarantee
applying to that stage of the Plan for which the Owner is seeking such
Authorization to Commence Works.
5.12
INSPECTION AND STOP WORK
The contract with any contractor employed by the Owner to construct or
install any of the Works shall provide that employees or agents of the
Municipality 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
PROVISIONb F0k CUNSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is
authorized in writing by the Director. All construction on the said Lands
shall be carried out in accordance with the regulations for construction
as set out in Schedule "L" hereto.
,
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5.14
SEQUENCE OF CONSTRUCTION AND INSTALLATION
The.Owner shall, upon the issuance of an Authorization to .Commence Works,
proceed to construct and install all of the Works continuously and as
required by the approved schedule of Works.
5.15
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works, complete the construction and
installation of all the Wo~ks 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 maintenance
guarantee period, construct or install such additional facilities and
perform such additional work as the Town may request from time to time.
5.17 INCOMPLETE OR FAULTY WORK
(1) If, in the opinion of the Director, the Owner is not executing or
causing to be executed the Work required by this Agreement, in such a
manner that it will be completed within the time specified for such
completion, or if the said Work is being improperly done, or if the Owner
neglects or abandons the said Work, or any part of it, before completion,
or unreasonably delays the execution of the same, or if in any other
manner the said Work is not being done properly and promptly in full
compliance with the provisions of this Agreement, or in the event that the
Owner neglects or refuses to do over again any Work which may be rejected
by the Director as defective or unsuitable, or if the owner in any other
manner in the opinion of the Director may default in performance under
this Agreement, then in any such case the Director on the authority of the
Council of the Town may notify the Owner and his surety in writing of such
default or neglect and within ten (10) clear days after the giving of such
notice or within such further period of time as may be specified in the
notice, the Town Council shall thereupon have full authority and power
immediately at its option to employ a contractor or such workmen as in the
opinion of the Director shall be required for the proper completion of
such work at the cost and expense of the Owner or his surety, or both. In
cases of emergency, in the opinion of the Director, such work may be done
without prior notice, but the Owner shall forthwith be notified. The cost
of such work shall be calculated by the Director, whose decision shall be
final. It is understood and agreed that the total costs shall include a
management fee of thirty (30%) percent of a contractor's charges to the
Town (including any charges for overhead and profit) or, if such work is
undertaken by the Town, thirty (30%) percent of all charges incurred'.to
complete the work, it being hereby declared and agreed that the assuming
by the Owner of the obligations imposed by this clause is one of the
considerations without which the Municipality would not have executed this
Agreement.
(2) In the event that any liens are filed under The Construction Lien
Act such filings shall constitute a default in performance under this
agreement, then in any such case the Director may notify the Owner and his
surety in writing of
, ,~"
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such default and if the Owner fails to satisfy claims of the lien claimant
within ten (10) clear days after the giving of such notice or within such
further period of time as may be specified in the notice, then the
Municipal Council shall thereupon have full authority and power
immediately, at its option, to pay the full amount of the claim and costs
into an appropriate court having jurisdiction and the Municipality shall
be authorized to use all or part of any performance or maintenance
guarantee to do so. In the event that the Municipality draws upon the
performance or maintenance guarantee to satisfy the claims and costs of
any lien claimant, the Owner shall forthwith upon notice from the Director
reinstate the performance or maintenance guarantee to the full value
required under the terms of the agreement.
5.18
ENTRY FOR EMERGENCY REPAIRS
The Owner agrees that, at any time and from time to time, employees or
agents of the Town may enter the said Lands for the purpose of making
emergency repairs to any of the Works. Such entry and repairing shall not
be deemed an acceptance of any of the Works by the Town, nor an assumption
by the Town of any liability in connection therewith, nor a release of the
Owner from any of its obligations under this Agreement.
5.19
DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(1) The Owner agrees to pay the cost of repairing any damages to any
services which, without limiting the generality of the foregoing, shall
include road, water, electrical, gas, telephone, cable television or sewer
systems, and the cost of relocating any existing services, caused by the.
development of the said Lands or any of the work required by this
Agreement, provided all work is to be done to the satisfaction of the
Director and/or authorities responsible for such services. The Owner
further agrees to pay the cost of moving any of the Works installed under
this Agreement, in driveways or so close thereto as in the opinion of the
Director, will interfere with the use of the driveway.
(2) The Owner agrees to, if the well or private water supply of any
person outside the plan is interfered with or dewatered as a result of the
construction or installation of the Works:
(a) where the interference to a well or private water supply is
short term duration (i.e. during the course of "dewatering
and excavation and within one month of the completion of
dewatering) make available to the affected party, a
temporary supply of water at no cost to the affected
party; or
(b) where the interference to a well or private water supply is
of a long term duration, at the option of the Owner and at
his expense, connect the affected party to the Town water
supply system or provide a new well or private water
system so that water supplied to the affected party shall
be of a quality and quantity at least equal to the quality
and quantity of water enjoyed by the affected party prior
to the interference.
5.20
USE OF WORKS BY MUNICIPALITY
The Owner agrees that any of thw Works may be used by the Town or other
authorized persons, for the'purposes for which the Works are designed.
Such use of any of the Works shall not be deemed an acceptance of any of
the Works by the Town nor an assumption by the Town of any liability in
connection therewith, nor a release of the Owner from any of his
obligations under this Agreement.
',,5 :21:'
- 19 -
MAINTENANCE O~OADS AFTER COMPLETION
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(1) Notwithstanding any other requirement in this Agreement to maintain
the Works, if any building on the said Lands is occupied, the Owner shall
maintain all of the roads, which are required to be constructed and which
provide access to such building, until a Certificate of Acceptance has
been issued for such road. The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud
free condition, fit for all normal vehicular traffic, to the
approval of the Director; and
(b) during the course of installation of the Works and utilities
provide and maintain safe and adequate access to all occupied
buildings.
(2) The Town agrees to snowplow and sand paved subdivision roadways.
Until the roadways are vested in the Town the Owner shall pay one hundred
percent (100%) of the actual cost of snowplowing and sanding such
roadways.
(3) The provisions of any work or service by the Town under paragraph
5.18 or subparagrapn (2) of this paragraph, shall not in any way
constitute approval or assumption of the road and the road shall not be
deemed to have been assumed until a Certificate of Acceptance has been
issued.
5.22
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
The Owner agrees that the construction and installation of any of the
Works authorized in an Authorization to Commence Works shall not be deemed
to b~ completed for the purposes of this Agreement u~til th~ riirector has
provided the Owner with written confirmation thereof, referred to herein.
as a "Certificate of Completion". In addition to any other requirements
containded herein, no Certificate of Completion shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works
for which a Certificate of Completion is required, has been inspected by
the Director, and the Town Council has approved the written report of the
Director that such Works have been constructed and installed in accordance
with the latest version of the Engineering Drawings approved by the
Director; and
(2) The Town is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to
Commence Works, there are no outstanding claims relating to such Works.
5.23
PERIOD OF REQUIRED MAINTENANCE OF WORKS
The Owner shall from the date of the issuance of a Certificate of
Completion maintain all of the Works covered by such Certificate of
Completion for a period of two (2) years.
5.24
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
The Owner agrees that any of the Works covered by a Certificate of
Completion shall not be accepted, nor deemed to be accepted, for the
purpose of this Agreement, until the Director has provided the Owner with.
written confirmation thereof, referred to herein as a "Certificate of
Acceptance". In addition to any other requirements contained herein, no
Certificate of Acceptance shall be issued until all of the Works covered
by such Certificate of Completion have been inspected.by the Directof 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 ':'QW.. cil&u the Owner shall have no r igh t or
claim thereto, other than as an Owner of land abutting a road in which.
such Works are inst~::e~.
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
. .
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as the WCertificate of Releasew, in a form suitable for registration or
deposit in the applicable Registry or Land Titles Office. In addition to
any of the requirements contained herein, the Certificate of Release for
such stage shall not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works;
and
(2) a registered Ontario Land surveyor, approved by the Town, has
provided the Town with written confirmation that at a date not
earlier than the end of the maintenance peri04 described herein,
he has found or replaced all standard irQn bars as shown on the
Plan and survey monuments at all block corners, the end of all
curves, other than corner roundings, and all points of change
in direction of roads on the Plan; and
(3) the Town Council has, by resolution, acknowledged that the Owner
has met all of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land
described therein of all obligations of the Owner under this Agreement
with the exception of the Owner's responsibility for drainage as provided
herein and the owner's acceptance of the conditions for a~plying for Town
building permits as provided herein.
5.27 REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
(1) In the event that the Owner is required to install oversized
services (hereinafter called wOversized ServicesW) or services outside the
limits of the Plan of subdivision (hereinafter called WExternal ServicesW)
which are more particularly set out in Schedule "P" hereto, the Town
agrees that upon a developer of lands outside the Plan of subdivision
connecting to such Oversized or External Services, to pay to the Owner
that portion of the cost of the Oversized or External Services (which is
also set out in Schedule "P") that is equal to the proportion of the
excess capacity of such Oversized or External Services which is estimated
to be utilitzed by such developer. The excess capacity of such Oversized
or External Services shall be the capacity of such services estimated to
be available after the Owner has fully developed the lands. The portion
of such Oversized or External Services estimated to be utilized by a
developer of lands outside the plan of subdivision shall be calculated by
the Director, whose decision shall be final. In determining the cost of
the Oversized or External Services there shall be added annually from the
first anniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule WP" a sum equal to the interest on the amount of
the unpaid balance from time to time of the cost of the Oversized or
External Services calculated from the date of the issuance of the
Certificate of Completion, at the highest prime lending rate charged
during the previous year by the Dank of Montreal at its main branch in the
City of Tdronto, plus two percent (2%).
(2) In the event that payment is required to be made under this
paragraph by the Town before the issuance of a Certificate of Completion,
no interest shall be added to the cost of Oversized or External services.
3) In the event that payment is required to be made under..this
paragraph by the Town before the first anniversary of the issuance of the
Certificate of Completion, interest shall be calculated at the highest
prime rate charged by such bank, plus two percent (2%) from the date of
the issuance of the Certificate of Completion to the date of payment.
Interest shall be calculated on a per diem basis to the date of payment.
5.28
RESPONSIBILITY OF SUBSEQUENT OWNERS
Even after the issuance of a Certificate of Release the registered
owner of each lot or block within the Plan shall have the sole
responsibility for the following:
.
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(1) The registered owner shall be responsible for providing and
maintaining adequate drainage of s~rface waters from such lot or block in
accordance with the approved lot grading and drainage plans .referred to in
paragraph 5.6 herein. .
(2) The registered owners of lots 32, 33, and 43 to 50 inclusive
shall be responsible for maintaining fencing required pursuant to
paragraph 7 of Schedule G to this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands ~nd
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 COR~TION OF tHE TOWN OF NEWCASTLE
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) , MAYOR
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KIDDICORP INVESTMENTS LTD.
RORERO LL~~
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THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
LEGAL DESCRIPTION OF SAID LANDS
(by Reference Plan)
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urn /Qnc1 6",'fUaJ-e I Y /itty lkttl
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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 T~~ :2" OF ~ASTLE
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KIDDICORP INVESTMENTS LTD.
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RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE ftBft to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
PLAN OF SUBDIVISION
(copy of final plan prior to registration)
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands a~d.
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 )
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THE CORPORATION OF THE ~WN OF NEWCASTLE
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RORERO LIMITED
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2. TH E SURVEY WAS COMPLETED ON THI lId. OAY 0' APRIL, 1&84.
AP'ftIL . , 198..
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CAUTION r THIS PlAN IS NOr A PLAN QF SUBOtVISIOH
WI THIN THE MEANING OF .THE PlANNING ACT.
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ONTARIO LAND SURVEYORS
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PLAN
OF PART
TOWNSHIP
TOWN
REGIONAL
SCALE I
OF
OF LOT 32 , CONCESSION
OF DARLINGTON
OF
MUNICIPALITY OF DURHAM
750 j C. F. FLEISCHMANN, a.L.S. ,1984.
1
10m. 0 10 20 30m.
~~~j I
;:----I--u-J~
METRIC: DISTANCES SHOWN ON ntlS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048.
'i'.
R ()AD
1\1 I ()\~/^N "C
"L_ L_ VV M I \..1 L__
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L_ 1 VVL_L_I'II
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APPROVED BY THE COMMISSIONER OF PLANNING PURSUANT TO
BY - LAW N~ 184- 80. AS AMENDED. OF THE REGIONAL MUNICIPALI TY OF
DuRHAM. ON THE ____ DAY OF _______,19_~
APPROVED BY THE CORPORATION OF THE REGIONAL MUNICIPALITY
OF DURHAM IN WITNESS WHEREOF THE C~PORATION HAS HERE~TO
AFFIXED ITS SEAL PROPERLY ATTESTED THIS _ _ _ _ DAY
OF_._ _ _ _~_, 19
REGIONAL CHAIRMAN
COMMISSIONER OF PLANNI NG
REGIONAL CLE RK
STREET WIDENING
BLOCK 55
N 13020' E
5~_:.~_ . . 7~'~7.____
39:46
79.44
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NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO mE N73020'E OF A
SOUTH LIMIT OF THE ROAD ALLOWANCE BETWEEN CONCESSIONS 2 a 3 AS
SHOWN ON PLAN lOR- t TOWN OF NEWCASTLE. REGiONAL
MUNI CIPALlTY OF DURHAM.
STANDARD IRON BARS, SHOWN THUS
i6mm. sq. IRON BARS t 60 em. LONG, SHOWN THUS
20mm. D/A. ROUND IRON BARS, 60em. LONG t SHOWN THUS
MONUMENTA TlON FOUND
IRON BARS PLANTED I SHOWN THUS
STANDARD IRON BARS PLANTED, SHOWN THUS
SIB.
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PLAN
10M -____1 ~ ~____
I CERTIFY THAT THIS PLAN 10M -____ IS REGISTERED
IN THE LAND RE~ISTRY OFFICE FOR THE LAND DTLES
DIVISION OF NEWCASTLE(NQ 10) AT ___ O'CLOCK ON
TH E___ DAY OF __ __ -"___,19___, AND ENTERED
IN THE REG ISTER FOR PARCEL ___ __.~ __ __,
SECTION __ ___ _ 1 AND REQUIRED CONSEN TS AND
AFFIDAVITS ARE REGISTERED AS PLAN DOCUMENT NQ
LAND REGISTRAR
APPROVED _._ __ _ _ ____ _ _ __ ___
EXAMINER OF SURVEYS
NOTE
THIS PLAN COMPRISES ALL OF PARCEL
CU RVE 01 STANCES SHOWN ON PLAN ARE ARCS
CURVE
DATA
TABLE
LOT
RA 01 US
-.-... ~._._. ,..._,.. -
~ ARC
,.- .-.-
CHORD
--- ------~--.-~--_..---~~
41014 '48" 10 .798 10.567 N 00051' 14" E
~~O..I..~~':r _ .t .~~_:2Q)_... .--!.~..: 3~__ ._ ~~.090 02: ()~W __
4CP09T~-n-__t.~_'.?'790_.. _!~~?_~~ !0lo ~!r..!~--
39058 55 i 12. 735 12. 478 N 8 ~ 41 24 W
37037"'44 II. 986 II. 77 I N 5~ 30' liT E~'--
5Z035'3S" 16.752 16. 170 N 14023' 36"E
4<1>06~ 15~643~ 15. 169 '-N3E)027' j5"W"--
1------_. '.. ...' , . ._~--- ---
9 j 15.00 41014'47" j 10.798 10.567 N40023'34"W
. r-::-::'rn. .---'--' - ..-.--f___--..-----f------. --' '--r::-:::::rr.:-"-
f--_L~_- ~~-.?-~.--..f-_.-,~.?~~?r~~:,.--+---1 ~ '. L~_~...__. ..J~. '..~.g!_-- ._~~~~ ~?T~! JT:'I! -_.
18 23.25 I 2902516 ! /1,9.39 /1.808 N6301902W
.t...--'-T..-lT..~.- .._u_..".'," --.... -'''-. ...---...-=r-:-:n-:-.....--
=i~~~i. ~~--t~r~~i~L-; niii=~+rH~ -f~j!~Ktfa-~:~
42 23 . 25 300 00: 33:~_J Ii '_IB.._ ....!~:.Q.~~._ _..~}O~_~;...I,.?~.~_.:_.~~
43 23.25.L 3700228 15,031 I 14.770 N64000 46W
~4-.-f----~25-!-2400yOO 9.786 I- 9.714 N850 24' 30~~
48 23 . 25 .-t---- 0304150" I . 500 ..~. "'j'. "5"o'O'~ -N --7,'030' 651TEu-- --
49 23 25 36010150' 14.682 14. 439~~f--N5Toj3T45.TE-...---
50 23. 25 f-'5-jOj~30rr- ---i'j '--605-- -2"0'-:-836-- 'N06o'5i'T05''E'---
----'--.----.---.-. .......-~._------_.. .~ ~._.~-_.._- .....,...---::-rr--:--...~u-
BLK. 52 23.25 12020' 19" 5.007 4.997 N840 II 50' W
48, 00 I----06022~- O' 308 O' 308 N 53027~7~~'
68 . 00 000 IS' 23" O' 304 O' 304 N 57026 32" E
8LACK- 48 00 1505636lT 13,357 13,314 N610 37 02"E
T~~TCK 68.00 12001007" 14.264 14.238 N 63034' 46" E
2
1
15.00
3
--.
4
5
6
7
8
18.25
/8.25
18.25
. 18.25
L18-25
t---L~- 2 5
B LK. 58
OWNERS'
CERTI FICA TE
I. THIS IS TO CERTIFY THAT LOTS I TO 51, BOTH INCLUSIVE I BLOCKS 52 AND 53
THE STREETS I NAMELY WINDSOR VALLEY GATE, BLACKCREEK TRAIL AND CARRIAGE LANE,
THE STREET WIDENINGS, NAMELY BLOCKS 54 a 55, AND THE RESER~S
NAMELY BLOCKS 56, 57 a 58 HAVE BEEN LAID OUT IN ACCORDANCE WITH
OUR INSTRUCTIONS.
2. THE STREETS AND STREET WIDENINGS ARE HEREBY DEDICATED AS
PUBLIC HIGHWAYS,
-- ---
D ATE D TH E
DAY OF
, 19
KID D I CO R P
INVEST ME N TS
LTD.
HANNU T. HALMINEN, PRESIDENT
SEAL
RORERO
LIMITED
KEITH SHERIDAN ALEXANDER MADGWICK , PRESI DEN T
CARRYING ON BUSINESS AS BLACK CREEK DEVELOPMENTS
SEAL
SURVEYOR'S
CERTI FICATE
I CERTIFY THAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH mE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON THE DAY OF
DATE
C. F. FLE ISCHMANN
ON TARIO LAND SURVEYOR
OONEVAN 8 FLEISCHMANN CO. LTD.
ONTARIO LAND SURVEYORS
II ONTARIO st, SHERIDAN MALL,
OSHAWA, LIG 4Y6. PICKERING, LIV IB8.
725-4795 , 683-3701 839- 8693
DRAWN BY rn~KD---8y-~3-C-;;-~C-A-LE ~~"i50'-~B-NQ 1-1952F
,
"
, "
,
e
e
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
CHARGES AGAINST SAID LANDS
(1)
MUNICIPAL TAXES
payment due on execution of this
Agreement
(2)
LOCAL IMPROVEMENT CHARGES
nil
(3)
DRAINAGE CHARGES
nil
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
,SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
THE CORPORATION OF ~ TOWN 07WCASTLE
':--::~4>2 - L ~ ' ,
~ MAYc2
. , .~
. CLERK
t:..---- .., - ~
KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
. "
, ,
,J 1.,'
e
e
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
DEVELOPMENT CHARGES
The Owner shall pay to the Town development charges in the amount of
$.45,750.00 (calculated at the rate of $915.00 for each dwelling unit)
which shall be paid as follows:
,~f; 25% of the aforesaid sum prior to issuance of the first building
'~, ~~2' permits. 1,41D (J)G" 2, 11s4. .(/~ ~37. ?"'b
25% of the aforesaid sum at the date of the issuance of the
building permit for the thirteenth dwelling unit to be constructed.
25% of the aforesaid sum at the date of the issuance of the
building permit for the twenty-sixth dwelling unit to be
constructed.
the remainder of the aforesaid sum twenty-four (24) months
following issuance of the building permit for the first dwelling
unit or upon the issuance of the building permit for the 39th
dwelling unit, whichever date is the sooner.
For the purposes of this Schedule and the Agreement development charges
actually paid to the Town shall be applied in the first instance. on a.
pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but, upon
the issuance of the first building permit and thereafter, the development
charges shall be first applied in full satisfaction of the development .
charges owing on the lots or blocks in respect of which the building
permits have been issued and the balance of any development charges
actually paid to the Town (if any) shall be applied on a pro-rata basis
against all lots or blocks within the Plan upon which it is contemplated
by this Agreement that residences shall be built but for which no building
permit has been issued.
For the purposes of this Schedule and the Agreement the number of building
permits issued shall be the aggregate of all building permits issued with
respe~t to any lot or block within the Plan whether issued tb'.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 calc~lating 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 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
)
)
)
)
)
)
) CLERK
)
)
~...
/,~--
KIDDICORP IJ:YESTMENTS LTD.
RORERO
,"
.
e
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
GRANTS OF -EASEMENTS TO BE DEDICATED
The owner shall deliver to the Town in a form satisfactory to the Town the
following easements:
(by ref~rence plan)
Two easements for drainage purposes over the following lands:
Parts
on plan 10R-
Parts
on plan 10R-
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 )
)
)
)
)
)
)
)
)
)
OF
I~~
CLERK
~.,_~
KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
PLAN
MATERIAL
PLASTIC MATERIAL - MYLAR
GAUGE 0.003 INCH
PROCESS PHOTO GRAPHIC
INK SPECIAL 'T'
SIB (WIT.)
(N2 '0051/l~
o_~
,..,'"
00
'"
z
\
PLAN OF SURVEY
OF PART OF LOTS 49 AND 50
PLA N 10M-
TOWNSHIP OF DARLINGTON. now in the
TOWN
OF
NEWCASTLE
REGIONAL MUNICIPALITY OF DURHAM
SCALE - I: 400. C.F: FLEISCHMANN. O.L.S.. 1984.
10m 0
H-........II
- -
10
.
20m
1
I~O/~I)
1.\ 1_1_ 0 Vi 1.\ I\! C I::
BI:~TVfl:: I~ I\!
COI\!CESSiOI\!S
2
a
N 730 21 'E
(BY PIJd\! :0 M -
ROAO W/OEN,WG
BY IN:/. Nfl IV 20957
N1302"E l:.89
BLOCK
0.30 RESElrvE
i '8(N2'0051
55
21. 35
I
Ijl_A I"
/OM
Lor
49
LOT
48
LOT
47
Lor . 50
R=23.25
A = 6.05
c= 6.03
N620JI'54"E
IB(WIT.)
(Nil 1005)
~R: 23.25
A: 6.15
C: 6.13
N 47009'57"E
BI_/~C KeRI:: EK TI~An_
/
\
I
10M-
DARLINGTON
"2
...J
I REQUIRE THIS PLAN TO EE
DEPOSITED UNDER THE LAND
TITLES ACT.
DATE _______
SIGNATURE
IICAUTIONII THIS PLAN IS
WITHIN THE MEANI NG OF
PLAN IOR- ___
RECEIVED AND DEPOSITED
DATE_______
LAND REGISTR A R FOR THE
LAND TITLES DIVISION OF
NEWCASTLE (N2 10)
APPROVED _ _ _ _ _ _ _ _ _ _
EXAMINER OF SURVEYS
NOT A PLAN OF SUBDIVISION
THE PLANNING ACT
METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE N 73021' E OF
THE NORTH LIMIT OF LOTS 49 8 50 I AS SHOWN ON PLAN 10 M-
TOWN OF NEWCASTLE I REGIONAL MUNICIPALITY OF DURHAM
STANDARD IRON BARS. SHOWN THUS
16 mm SQ. IRON BARS. 60 em. LONG. SHOWN THUS
20 mm DIA. ROUND IRON BARS. 60 em LONG. SHOWN THUS
MONUMENTATlON FOUND
MONUMENTATlON PLANTED
SURVEYOR'S
SIB
IB
IB 0
-~-
-D---
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER
2. THE SURVEY WAS COMPLETED ON THE
DATE
DAY OF
I 1984
C. F FL E IS C H MAN N
o NTA RIO L AND SURVEYOR
DONEVAN
ONTARIO
II ONTARIO S1': J
OSHAWA J LIG 4Y6
725 -4795 , 683 -3701
DRAWN B y:-w~FClCH.3-~_BY~_~-~C:?
FLEISCHMANN CO. L TO.
LAND SURVEYORS
SHERIDAN MALL J
PICKERING J UV IB8
839- 8693
IS~~AL(= .~~..400 -I JOB -NQ-_i~~!~5 2 E
a
,'. T1fIS '~CHEDULE IS SCHErAE "F" to the Agreement whAt has been author ized
and approved by BY-la~o. 84-64 of the corporati~~of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
LANDS AND/OR CASH TO~BE DEDICATED
(1) DEDICATION OF LANDS
The Owner shall deliver to the Town in a form satisfactory to the
Town, deeds to the following land:
Blocks 54 and 55 (for road widening purposes) and Blocks '-56, 57. ,
and 58" (for reserves) all as shown on the attached proposed Plan
of subdivision.
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Town, as cash in lieu of the dedication
by the Owner ,to the Town of lands for public purposes, the amount
of five percent (5\) of the market value of the said lands agreed
upon as five percent (5\) of $300,000.00, being $15,000.00, which
shall be paid as follows:
$7,500.00 upon the execution of this agreement.
$7,500.00 prior to the issuance of the 20th building permit.
IN W1TNESS WHEREOF the partie~ hereto have hereunto set their,. hands and'
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
T~ON OF TH$ TOWN OF NEWCASTLE
J!~~
CLERK
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KIDDICORP.INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has bee~authorized
and approved by By-law NO. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
WORKS REQUIRED
1. STORM SEWER SYSTEM
The owner shall construct, install, supervise and maintain a storm
drainage system, satisfactory to the Town, for the removal of
upstream storm water and storm water originating within the said
lands, including storm sewer mains, manholes, service connections,
catchbasins and leads, open channels, storm outfalls and any other
appurtenances as may be required in accordance with the Town o~,
Newcastle's Design Criteria and standard Drawings. .
The Owner agrees to produce Engineering Drawings for the storm
drainage system, to the satisfaction of the Director of Public
Works.
The Owner agrees to obtain any easements required external to ~pe
said lands, at no expense to the Municipality for the disposal of
storm water from the said lands.
2. ROADWAYS
The owner shall construct and install the following services on the
various streets, shown on the plan as follows:
(a) Pavement widths as proposed.
(b) The grading and paving of all streets, including the
installation of Granular "A" and Granular "Bft material
to provide a proper base for paving, shall be as per the
Town of Newcastle Design criteria & standard Drawings.
(c) The Owner shall construct curbs and gutters on both sides of
all streets, as per the Town of Newcastle's Design Criteria
and standard Drawings.
(d) The Owner shall construct, install and maintain complete
sidewalks in accordance with the Town of Newcastle's Design
Criteria and standard Drawings, as proposed.
(e) The Owner agrees to the grading and paving of all driveways
between the curbs and sidewalks, in accordance with the Town
of Newcastle'S Design criteria and standard Drawings. In
areas where there are no sidewalks, driveways will be paved
to the property line. For the purposes of this subsection
paving shall include interlocking brick installed in
accordance with plans and specifications to be approved by
the Director.
(f) The owner agrees to construct, install and maintain street
Lighting, in accordance with the Town's specifications, on
all streets and walkways, to the satisfaction of the Director
of public Works.
(g) The Owner agrees to the topsoiling and sodding of the
boulevards between the curbs and the property line, as
according to the Town of Newcastle's Design Criteria and to
the satisfaction of the Director of Public works.
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Schedule wGw - 2-
(h) The owner agrees to supply, install and maintain traffic
signs and permanent street-name signs, in accordance with
the Town's Design Criteria and Standard Drawings and to the
satisfaction of the Director of Public Works.
(i) The Owner shall provide, plant and maintain, under the
supervision of a qualified nurseryman or horticulturist
(and guarantee for one year from date of planting) one tree
on each lot, as per the Landscaping plan and in accordance
with the Town of Newcastle's Design Criteria and as
approved by the Director of Public Works. Tree species to
be to the satisfaction of the Director, and 2 to 2.5 metres
in height and 3 cm. in caliper, staked and bagged as
necessary.
3. PEDESTRIAN WALKWAYS
Not applicable.
4. TEMPORARY TURNING CIRCLES
Not applicable.
5. CONSERVATION WORKS
In addition to the work required by the Schedule "Q", the Owner
shall construct, install and maintain certain conservation works
within this Plan, such as retaining walls, drainage channels and
watercourse channelization works, including all appurtenant fences
and all other apparatus, in accordance with the En~ineering .
Drawings approved by the Director of Public Works.
6. LOT GRADING
The Owner agrees to rough-grade all blocks and parks, according to
the Tree Preservation Plan and the Lot Grading Plan, to the
satisfaction of the Director of public Works and in the case of
parks, to the satisfaction of the Director of Community Services.
7. FENCING
Fencing along rear of Lots 43-50. Flankage of Lots 32 and 33 in
accordance with plans and specifications to be approv~dby the
Director of public Works and the Director of Planning.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year 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 ATION OF THE T~WN OF N CASTLE
db MAY
L ~M~
CLERK
~"'I'~~
KIDDICORP INVESTMENTS LTD.
RORERO
(&;; ~u:
LIMITED .....
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TIllS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorize~
... ,apd al:Vproved by By-l~o. 84-64 of the corporat.' of the Town of
"Newcastle, enacted an~assed the 14th day of Ma 984.
UTILITIES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority haviny
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 Company in order that the installation of any such
system shall take place so far as possible contemporaneously
with the installation of other services so as to cause minimum
disruption of municipal services.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate authority having
jurisdiction for the design, provision and installation of a
complete street lighting system to serve the said Lands on behalf
of the Town in whose ownership the system shall vest upon
completion including all appurtenant apparatus and equipment, in
the locations as approved by the Director. The Owner shall furnish
written evidence satisfactory to the Director that such
arrangements have been made prior to the issuance of any
Authorization to Commence Works.
3. TELEPHONE SYSTEM
The Owner shall arrange with Community Telephone Limited and/or
Bell Canada for the design, provision and installation of a
telephone system to serve the said Lands, as approved by the
Director. All telephone services are to be installed underground.
4. CABLE TELEVISION
The Owner shall arrange with the Cable Television Company having
authority to provide its services within the area of the plan of
Subdivision for the design, provision and installation of a
complete cable television distribution system to serve the said
Lands. All cable television services are to be installed
underground.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
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)
OF
{/. MAYO
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE wIw to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the corporation of the Town of
Newcastle, enacted and passed the 14th day of May 1984.
DUTIES OF OWNER'S ENGINEERS
1. DESIGN WORKS AND PRIVATE WORKS
The owner's Engineers shall prepare the following for the a~proval of the
Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage plan;
(c) the Landscaping Plan;
(d) the schedule of Work;
(e) the staging plan;
(f) the Works cost Estimate; and
(g) the stage cost Estimate.
The approval of the.Director shall not absolve the Owner or the owner's
Engineer of the responsibility for any errors of omissions in the above
drawings, plans or documents.
2. REPRESENT OWNER AND OBTAIN APPROVALS
The owner's Engineer shall act as the owner's representative in all
matters pertaining to the construction and installation of the Works and
shall co-operate with the Town to obtain the necessary approvals for
construction and installation.
3. PROVIDE RESIDENT SUPERVISION
The owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phases of the
construction and installation of the Works and the Private Works and to
perform the following:
(a) provide field layout including the provision of line and grade to
the contractors and, where required, restaking; and
(b) inspect the construction and installation to ensure that all work
is being performed in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing of materials
and equipment installed or proposed to be installed at the request
of the Director; and
(d) provide co-ordination and scheduling of the construction and
installation in accordance with the timing provision contained
herein and the requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances
which may arise during the construction and installation; and
(f) obtain field information, during and upon completion of the
construction and installation, required to modify the Engineering
Drawings to produce the As-constructed drawings.
4. MAINTAIN RECORDS
The owner's Engineer shall maintain all records pertaining to the
construction and installation.
5. PROVIDE PROGRESS REPORTS
The owner's Engineer shall provide the 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.
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6. PREPARE AS CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare the As-constructed Drawings for the
approval of the Director.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ,)
. )
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF NEWCASTLE
~~c-
L~.~.
CLERK
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KIDDICORP INVESTMENTS LTD.
I~~~
RORERO LIMITED
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THIS SCHEDULE IS SCHED.E "J" to the Ag~eement w. has been ci:uthorized
and approved by By-law NO. 84-64 of the corporation of the Town of .
Newcastle, enacted and passed this 14th day of May 1984.
COST ESTIMATES
: ESTIMATED COST OF WORKS
(Phase
)
STORM .SEWERS (inclUding pipes, manholes, catchbasins and
connections, underdrains, headwalls and
... appur tenances) .
$151,339.00
ROADS
(including fine grading, Granular bases,
asphalting, curbs and gutters, sodding
boulevards, street lights, street signs,
. guiderails, and trees)
$192,640.00
$ 20,035.00
$ 17,535.00
$ 12,690.00
ROUGH GRADING
,
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SIDEWALI(S
FENCING
ENGINEERING' CONTINGEnCIES AT 15\ $ 59,245.00
. ~~~
"'l'1~ TOTAL ESTIMATED COST OF SERVICES $t.54,200.00
The performance Guarantee has been based on preliminary Estimates
only, and when the final Engineering Drawings have been approved by the
Director of public Works, a revised Cost Estimate of the Works,
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
G~arantee, 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 )
)
)
)
)
)
)
)
)
)
T~~ON OF TiE TOWN OF NEWCASTLE
~~~ ~~ .
J2 MAYO -
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KIDDICORP INVESTMENTS LTD.
RORERO LI
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THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
INSURANCE POLICIES REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance
company approved by the Municipal Treasurer and duly authorized by law to
underwrite such insurance. such policy or policies of insurance shall
indemnify the Town against all damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Works
or any of the utilities or to any part or parts thereof
respectively; and
(b) any loss or damage that shall or may happen to any of the materials
or any of the. equipment or any other things used to construct or
install any of the Works or any of the utilities or any part or
parts thereof respectively; and
(c) any injury to any person or persons including workmen employed on
the said Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use
or handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of
surface waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of
effluent from any sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or
to any other property of the Town or to the property of any other
person either directly or indirectly by reason of the Owner
undertaking the development of the said Lands together with any
or all of the works and utilities pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of
the Owner and the Town and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to,
or death of any person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to,
or death of, two or more persons arising out of the same
accident; and
(c) $1,000,000.00 for anyone occurance of property damage.
The issuance of such policy or policies of insurance shall not be
construed to relieve the Owner from responsibility for' other or larger
claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or polices of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building
or structure; or
(b) any pile driving or caisson work; and
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Schedule "K"
- 2 -
(c) any collapse or subsidence of any building, structure or land
from any cause; or
(d) any storage, handling or use of explosives.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF NEWCASTLE
~~-F
~ MAYOR
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE ftL" to the Agreement which has been authorized
and approved by By-law NO. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
REGULATIONS FOR CONSTRUCTION
1. REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the
Director, permission to carry out the blasting operation.
2~ REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands except for
construction purposes and such top soil must remain within the limits of
the said Lands unless otherwise permitted by the Director.
3. DUMPING OF FILL OR DEBRIS
The Owner agrees to .neither dump, or permit to be dumped, any fill or
debris on, nor to remove, or permit to be removed any fill from any lands
to be dedicated to the Town other than the roads within the limits of the
said Lands, without the written consent of the Director.
4. DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed
. of in an orderly and sanitary fashion in a dumping area off the said Lands
provided by the Owner approved by the Director. The Town shall not be
responsible for the removal or disposal of garbage and debris. The Owne~
agrees to deliver a copy of this clause to each and every builder
obtaining a building permit for any part of the said Lands.
5. QUALITATIVE AND QUANTITIVE TESTS
The Owner agrees that the Town may have qualitative or quantative tests
made of any materials or equipment installed or proposed to be installed.
The costs of such tests shall be paid by the OWner.
6. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure
that all public roads abutting the said Lands and all public roads used
for access to the said Lands, during any construction on the said Lands,
shall be maintained in a condition equal to that now existing and to the
approval of the Director. The Owner shall maintain, at'all times, all
such roads free of dust and mud originating from the lands during the
course of construction. If damaged, the Owner agrees to restore
immediately, and at its own expense, such road to a condition equal to
that existing at the time of such damage and to the approval of the
Director. No public road outside the limits of the said Lands shall be
closed without the prior written approval of the authority having
jur isdiction over such public road. The Owner agr.ees not to use or occupy
any uhtravelled portion of any public road allowance without'the prior
written approval of the authority having jurisdiction over such public
road allowance.
7. MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the final surface treatment on
any road required to be constructed under this Agreement, remove any
contamination of the base course and repair and replace such base course,
where necessary, to the approval of the Director, in order that the
construction of such road shall not have suffered due to any use of the
base course as a temporary road.
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Schedule "L"
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8. 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.
IN WITNESS WllEREOF the partie. 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 OFrTHE TOWN OF NEWCASTLE
~~~-A /
~~MAY~
CLERK
~'
KIDDICORP INVESTMENTS LTD.
~..
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RORERO LIMITED
1HIS \SCHEDULE IS SCHEDU"'''M'' to the Agreement whi*as been authorized
and approved by By-law ~ 84-64 of the Corporation the Town of
Newcastle, enacted and passed this 14th day of May 1904.
USE OF SAID LANDS
The owner agrees that the said lands shall not be used for' any purpose
other than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
Lots 1 to 51 inclusive and
Blocks 52 to 58 inclusive
In accordance with Restricted
Area (Zoning) By-law 2111,
as amended.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year fi~st ,above written and the parties hereto have
hereunto affixed their corpo~ate seals by the hands of their proper
office~s duly authorized in that behalf.
SIGNED, SEALED AND DELIVEEED )
)
)
)
)
)
)
)
)
)
/-7-... -r- ~~
KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit
for the erection of any structure on any of the said lands listed in the
following table, until the conditions listed in the following table have
been satisfied to the approval of the Directors of Planning and Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
CONDITIONS TO BE sATISFIED
Block 52
In accordance with Restricted Area
(zoning) By-law 2lll, as amended
o
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 r,
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
~ION Of THE TOWN OF NEWCASTLE
~-/
~ MAybi
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'\ . CLERK
?<----. T'~
KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
LANDS REQUIRING SITE PLAN APPROVAL
The owner agrees that no application will be made for a Building permrt
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 complie$ in all respect with the terms of the
site plan agreement.
LOT OR BLOCK NUMBER
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 )
)
)
)
)
)
)
)
)
)
TH~TION Of THE TOWN OF NEWCASTLE
~,~
- , ~ MAY -R
{~.~.
CLERK
?~ T,~
KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
OVERSIZED AND/OR EXTERNAL SERVICES, AND THE'REIMBURSEMENT FOR THE
OVERSIZED AND/OR EXTERNAL SERVICES
1. EXTERNAL ROAD SYSTEMS:
Nash Road Abutting Costs
Road Frontage 277.5 m
Excavation
Granular "S"
Granular "A"
HL6 Asphalt
HL3 Asphalt
Curb , Gutter
Under drains
sodding
street Lights
Sidewalks
300mm Storm Sewer -
375mm Storm Sewer -
Manholes -
Catchbasins -
1,678 m3 ~ $3.15
1,230 m3 . $11.55
406 m3 @ $13.65
95 m3 @ $99.75
114 m3 @ $99.75
555 l.m. @ $30.00
.555 l.m. @ $5.00
1,860 m2 @ $2.65
6 @ $1,400.00
555 l.m. @ $35.00
90 m @ $100.00
97.5 m @ $110.00
3.Omm @ $550.00
4 @ $650.00
Sub Total
15% Engineering & Contingencies
100% Total Cost
Owners Share @ 25%
The Owner's Share of the Works Cost Estimate contained herein is a fixed
cost, and shall be paid to the Town of Newcastle by cash or certified
cheque as follows:
$17,700.00 upon the execution of this agreement.
$17,700.00 prior to the issuance of the 20th building permit.
and thereafter the Owner shall have no further liability or be subject to
any claim in future for t'he sonstruction of or maintenance of the works
~intended to be constructed i~ future as described herein.
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Schedule "P"
- 2 -
2. STORM DRAINAGE:
In accordance with paragraph 5.27 of the Agreement and Schedule "G" (1) of
the Subdivision Agreement, hereto attached, the Town agrees to make every
effort to reimburse the Owner for all excess capacity required for
External Drainage areas through the said lands at such time as additional
development takes place which shall utilize such excess capacity. All
calculations will be completed by the Owner's Engineer and approved by the
Director of public Works, and the costs of such oversized service shall be
determined upon final approval of the Engineering Drawings by the
Director.
The Estimated Cost of this oversizing is Eight-thousand seven hundred and
fifty-one dollars $8,751.00.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and y~ar 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 CO~A~ION OF THE TOWN OF NEWCASTLE
~~., r/
~ MAYOR
! Uv'~o-
, CLERK
~.
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of-the Town of
Newcastle, enacted and passed this 14th day of May 1984.
CONSERVATION AUTHORITY'S WORKS
1. The owner agrees as follows:
(a) the owner agrees to submit a storm drainage plan to the
Central Lake ontario Conservation Authority for review
and approval.
(b) the Owner agrees not to carry out grading, filling or
construction to the storm drainage system for the site
without permission of the Central Lake Ontario
Conservation Authority and further agrees that the
condi~ions stated on all Authority permits for these works
are carried out to the satisfaction of the Authority.
, ....
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 )
I )
)
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF NEWCASTLE
~~-~ f-
1 MAYOR
&~'-~.~
CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
Actual cost of engineering
services and inspection fees up to
a MAXIMUM of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$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 g~eater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as specified in Schedule
wJ" for Hydro Distribution system shall not be included for the purposes
of calculating engineering and inspection fees as contemplated by this
Schedule.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written and the parties hereto have
hereunto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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CLERK
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KIDDICORP INVESTMENTS LTD.
RORERO LIMITED
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THIS SCHEDULE IS SCHEDULE "s" to the Agreement which has been authorized
and approved by By-law No. 84-64 of the Corporation of the Town of
Newcastle, enacted and passed this 14th day of May 1984.
REGION'S CONDITIONS OF DRAFT PLAN APPROVAL
See Attachment A
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
offtcers duly authOrized in that behalf.
SIGNED, SEALED AND DELIVERED )
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CLERK
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KIDDICORP INVESTMENTS LTD.
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RORERO
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Attachment "A" to Schedule "s"
Re: File 18T-81033
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS SUBDIVISION ARE flS
FOL lOWS:
NO. CO NO ITIONS
1. That this approval applies to plan of subdivision 18T-81033, job number
1-1952, prepared by Donevan and Fleischmann, O.l.S., dated August '25, 1981,
which is revised in red and shows 51 single family lots and one block.
2. That the road allowances included in this draft plan be dedicated as public
highways.
3. That the owner conveys land in the amount of 5% of the land included in the
pl an to the Town of Newcast le for park purposes pu rsuant to the provi s ions of
section 36(5) of The Planning Act. Alternatively, the Town may accept cash-
in-lieu of all or a portion of the said conveyance and under the provisions
of section 36(8) of The Planning Act, the Town is hereby authorized to do
so.
4. That 0.3 metre reserve, adjacent to Nash Road be conveyed to the Town of
Newcastle.
5. That Block 53 be conveyed to the Town of Newcastle and held in trust by the
Town until required for the future development of adjacent land.
6. That the streets on the final plan shall be named to the satisfaction of the
Town of Newcastle and the Region of Durham.
7. That such easements as may be required for utilities, drainage and servicing
purposes shall be granted to the appropriate authority.
8. That the area to be subdi vided shall be zoned to reflect the uses shown on
the draft plan in an appropriate zoning by-law passed by Council and either:
a) submitted to and approved by the Ontario Municipal Board; or
b) in effect in accordance with section 39(26) of The Planning Act.
9. That the zoning by-law referenced in condition 8 shall contain a provision to
prohibit all buildings and structures in Block 52.
10. That the owner submit a storm dra inage plan to the Central Lake Ontari 0
Conservation Authority for review and approval.
Attachment "A" to Schedule "s"
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NO. COND IT! ONS (cont 'd)
11. That prior to final approval of the plan, the owner shall satisfy all
requirements, financi a1 and othe"",ise, of the Town of Newcast 1e. This shall
include, among other matters, execution of a subdivision agreement between
the owner and the Town of Newcastle, concerning the provision and
installation of roads, services, drainage, etc.
12. That prior to final approval of the plan, the owner shall sat isfy all
requirements', financial and otherwise, of the Regional Municipality of
Durham. This shall include, among other matters, execution of a subdivision
agreement between the owner and the Regional Muncipality of Durham concerning
the provision and installation of sanitary sewer, water supply, roads and
other regional services.
13. That the subdivider provide for the extension of such trunk sanitary sewer
and water supply facilities which are external to, as well as within the
limits of the plan which are required to service such plan. In addition, the
subdivider to provide for the extension of trunk sanitary sewer and water
supply facilities within the limits of the plan which are required to service
other developments external to his subdivision. Such sanitary sewer and
water supply facilities to be designed and constructed as per the standards'
and requirements of the Works Department of the Regional Municipality of
Durham; all arrangements, fi nanci a1 and otherwise, for sa id extens ions are
to be to the satisfaction of the Regional Municipality of Durham and are to
be completed prior to release of the final plan for .registration.
14. That prior to entering into a subdivision agreement, the Regional
Municipality of Durham is to be satisfied that adequate water pollution
control plant and water supply plant capacity is available to service the
subject de vel opment.
15. That the owner agrees in the subdivision agreement referenced in condition
11, not to carry out grading, filling or construction to storm drainage
system for the site without permission of the Central Lake Ontario
Conservat ion Authority and further agrees that the condit ions stated on all
Authority permits for these \'1orks are carri ed out to the sat is fact ion of the
Authori ty.
16. Prior to approval of the final plan, the Commissioner of Plan~ng for the
Regional Municipality of Durham shall be advised in writing by
a) the Town of Newcastle how conditions 2, 3,4, 5, 6, 7, 8, 9 and 11 have
been sat is fi ed;
b) the Central Lake Ontario. Conservation Authority how conditions 10 and 15
have been sat isfi ed.
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NOTES
1. We suggest you make yourself aware of:
a) section 143(1) of The Land Titles Act, which requires all new plans be
registered in a land titles system; and
b) section 143(2) which allows certain exceptions.
2. It is suggested that the municipality register the subdivision agreement as
provided by s~ction 36(6) of The Planning Act against the land to which it
applies, as notice to prospective purchasers.
3. A copy of the agreement shall be sent to the following agency in order to
expedite clearance of the final plan.
Mr. Wm. Fry
Central lake Ontario Conservat ion Authori ty
1650 Dundas Street East
Whitby, Ontario llN 2K8
4. Where the zoning by-law is referenced in condition 8, the explanatory n,ote
of the said by-law should make reference to this subdivision T-fi le number.
This would expedite the Region's or other agency's review of the by-law.
5. If final approval is not given to this plan within three years of the draft
approval date, and no extensions have been granted, draft approval shall
lapse under section 36(13) of The Planning Act. Extension may be granted
provided valid reason is given and submitted to the Regional Municipality of
Durham well in advance of the lapsing date.
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PAID
LAND IEGISTIY OFFICE NO. 10
1& ~(J1)
DATED:
1984
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BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
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KIDDICORP INVESTMENTS LTD AND
RORERO LIMITED
SUBDIVISION AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB lJO