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HomeMy WebLinkAbout84-64 bj - \Qw <t;'-\-- b ~ \ s ; (\ 0-- ~ CL ,.-;te..- ~ \ c9 -{J r bt h", t'\-cA ~ ~ ~ 0 (I G \ 4to . , \ 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 ) ) ) ) ) ) ) ) ) ) ?-- .,-. ~. 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. ,", RORERO LIMITE . ~ --, ,. -..,. 4L ROAD ^ I I t)' A I ^ t'" "r= h L_L_\ VYJ-\ 1'~lJL_ B ET~~/EE~J l"" () ~ I ^ E ~ C I () ~ J ~ J I.., \.1 _'-"v I l.Jv ~ \.IJ '_l .. 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I"""" CJ Il//l /_ () T PART I' r'" .. . . ,.. ~ If" './1 .... . ,~ IT ~ H ,,1.\...~ t ...' .,~-' 4 ~.,. 288 . h'a. /'" 0 fll ("'" C <.... "'\.5 I / ') 11 I (,., I V ~ l_ \..J I (/ I " t ..i--.____'_ -~ ~~ ~ !! z \\J9t ~ ~ ~. '< 'c l1.. ~ ~ ~ I <~ \\:~: .~~ t: "S1a(N"~'1 ~ ~ QtR -- ('~ I "'9 --~_.~--..----t it~ ---;&,'" -.j I&~. t HI 10(0) .,( ~ ,. \ t~ ~ 4 "ONvlltl6!!E.!-,.- ~Io 1&- 61 I I I .:.'2 2 4 9 Nq NOT E ' BEAR I NOS ARE ASTRONOMIC AHO ~lll AIFrRR!D TO THE N 16004 '40" W 0' AN EAST LIMIT OF PLAN lOR.. 13~9 ,TOWN OF NE'MiA8TLf:, R!G IONAL MU NICIPALI TY OF OURHAM. ' ST AHDARD IRON BARS:, 9HOWNTHUS 18mm. 14. IRON BARS, Wem. LONG 1 SHOWN THUS 20rnm. OIA, ROUND IROHBARS , 00 GIlt. LeNG t SHOWN mus ' MONU WI NT AllON FOUND MONUM,INTATIO H PLANTED S18. 18: la.~ . -0-- ,... (1'f' () t ,-a , I II/sr. It ^ I -0 I r'" ; \J ,. 1- -,~ I u"1 / / < I ,_ I ,\A ,~ ~' ReMAINS 4 I ~.=-, ____......__-'___ .........-.______ 'J> 2 8 3 II" . a \ ~ f,' II)~ , t.. ~~' ,. I ~v ------ ---- r---- ----,--.-- --1 \ . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ l! -. \ \ !l .'0 \\ \\ L ---- Ii' \ I l \i t \\'\\ t ,_lI.., ~ ~il\~l ~ \ \ .~~ \I~i \\ t \\. ; l\ \ _--1----- ~ , r , \ \ / . L_" ~~~_c---1 // ~~t~ ,.~ & \ " . ~ 40 ~. \'&\)\ ~\,.... ) 6404 i>J';61 ttI ~t.~ ~d'~)-.~ t~;P' \..~ ..~ , - -# :",; :--1 ~? 2 2 ../ ... ) [;1''- Dh II' I Qt ~ I \ \ \ \ \ \ /tJ699i' Nil ;:15 r , I) f 3 ,t: l--,; (I) ;~ -. 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'-~/$t:-..I(/fI1A.1~ LANO REGISTRAR fOR THE LAND TITLES DIVISION OF ~1.YlCASlll . (NQ 10) PAR r ,. ALL OF PARCE"L 32 -I, SEe nON CON.2 .. NEWCASTLE (OARL ING TON) APPROVED ---r------ EXAMI NER OF SURVEY! H 7066 . -, ~'--4:.'\..- . (---- '.'~-"--- '-~-""-.-._- ~~.~ rs-----. I L, f ;._ ,.It. ....t. II> . "..1. .~.......:. ~...~~r.:llt. '4..+,)..... PLAN OF PART TOWNSHI P TOWN REGIONAL SCALE ~ OF SURVEY OF LOT 32 J CONCESS ION .2. OF DARLINGTON t now in' the OF NEWCASTLE MUNICIPALI TY .OF DURHAM 750; C. F. FLEISCHMANNt 0."-.5., 1984. IOIlt. 0 10 ~~ll!llrt r r ~ Qt PART " '\; ~ \ ftA/V IOR- /694 \ If) I ~ IN$r /.Jg 1/4924 0'..____ '" t-~ ~ ~2~~ fi~ \' ". ~ ~ .t~\':cs 0<0 p' '\, t<. ~ ~,~l ~~l 61 6~ ~~~l~l " t ~ "if.' ~1 ~ .~ '\ ~\~:J ~~~~~t ____ ~ Z;..r:p~dt. __ .. ,1 ------- ------I ------. 0' P" II' ,-cN1:, N,10 a4 10"[ \ (H1$"Or( 91. 9'.02 ( "'~O "'20...:6 Ih.~ \ lOR-Ii", \ · . '" S.... J \ ~ \ '.. .\ ~ \ C'I'RT' 2_ , ,.., , I \ \ \ \ ! () R \ 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 '-"""'~-,","-."'_.--,,'" ORAVN 8Y:msH .S.T,) CHKD. f1(: 0, C.r: SCA LI .. I. 1tX) JOB N9 I ~ 19528 J 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 ) ) ) ) ) ) ) ) ) ) ( OF EWCASTLE '<-, MA OR .,~.~ A--- , / .,-, ~L/ '" KIDDICORP INVESTMENTS LTD. l0L~, RORERO LIMITED PLAN OF PA RT TOWNSHIP TOWN REGIONAL SCALE I , 10m. 0 ~ 10 1 20 t 30m. f METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. R ()AD 1\ I I ()\~/^ N ~r:' "L_ L_ VV M I \..1 L-. B C T'^'r:'C ~I L_ I VVL_L_I" ('t),,1 " CQ Q '()~I C J \ '" \J L _ '-oJ '-oJ I I " V I..!J () <( I _..J 0.... 46.94 -~ f~I~r,' 2 _ .?9:51 39,46 SI,..,IT. 19.44 <> ~ ~ f..lI~ tjt 0 0;. ....~ ~ :J -(I) 0 ,;),.. o . ~~ z ~ .~ ~ o . CQIO -,;) Z 1-... 4- "c '" (j.. ~ -=1---- ~--~ ~ I 0) 0 1 ~ ~~ ~ , ... , ~ I 1-.. i Q) C: ~ ~ Q~ I < ~ +_---s\a1MfiO(A I 01 ~) :::: ~ . I ..... ~~ I ~: '~jp .. ~~ ~. I ~( 0, I c' ~ +- "II.lk'IOO5) II --~~'~-~--f .. ~ ~ I JU. Z: 2.aJ ; I "( N~ - C N,... .. ?oN __ I.HII I 0) Z: N 12 '140 E ~) ()t t.o.... . <0 I ..., ~ ~ E ~ t: : WIN 0 SO R 8 r f....:-, J... (18.,.11000) VALLEY , ~: ~ ~ ~( .' ~11 'I'. ~ I ~~ L.; GATE c: NUolH'40"r; 3"18 I ~ ~ t '$, a:~,l~'IOOI) ':\; I I ~. C: I "'( , tj.. ~ .'f) r----~---- I ~ . {\; ....... I ~... I 4: ~( .1 - ~---~ ~--jo i~'1 _ ~:( ~ ; 'C~ 4 "C .. ... I I Cj" I...: . , 1'\) ~ ~ ~ 1 ~ 1-., tl'.) . ~ ~ _ (ltfJOO& "'c ~ (J l gU) - . 0 '-- ~. .\ .--___ 0 ~ --- 21 , . ____2 ~I ~"' ~ ~~ I I ~ ~ t1' ", \ ~ . I...: t :~ ~...... I~ ~~~ \ \. ~ .... f.. , ~ ,g,~ ------ '\ ~~ Q: ~ ~" 1.. ~ .__------- \"'\ ~c < Q: ~ (\I . "'\ eJ_ 1-.: ~ ~ Z CS'# \ \. ~ 0: I' jb\ 'Oi I \. --- · I \. J I ~___$~\~ ~____---- 9.<f .~ ~ ..~.,\ 1ll ..------- I . --...----- I ~2 o . CQIO -;) Z 49 48 47 46 45 44 50 18'00 21 ! 11. !50 11. !50 12'3a 8 8 BLACK CREEK o N o N .~, 1-~ ~ Silt 9.",,?/. . "/ "\. 'Ilt r N 130 I'E 18'00 18.00 18'29 .30 100 (\I. 0,;),;) ~ (\I (\I z t 20'00 (7 () /'v' (~E S S II () ,'v' 20.00 41 N6104d!50"f 3!5.84 ~ .~ 8 o . 10 -;) Z :J . 0 ~o o . ~~ Z ~ (OCQ .,.,. It) N690}~'ZO"E } . 48 16.98 11'~0 (\I IO"! ~;;; ,.. 12 13 14 15 51 l'-. ~..r ~ . o It) '(I) o ~ ;)~ ~ b It) -g:g o . -'" i"" ~ 1 o ..,.0 ...,. <? (\110 ~;) N Z l'-- ~ '0 ..,.0 40 "~~ 39 ~;) (\I z 01 11 It, , ._r1' If 19, ~8 N130Z1 E 18'00 31'!58 18.00 N13021' E 18.eo 36, !50 ~ .. N g !: D/I 0 T I I , .-t t, , ,... ~ :. ~ ~.~ ';'0 N~ Z I 16 , >- ~~ I.JJ I --' I _..J <{ 4~ > <~ C: " () ,e; 1-'5' ~o ~lP' sa '~/,,~ Sill. . T * - .. <Jl 1 ~ ,;)9 - ~~ ;)0 (\1(1) i N ,,;.1- 8 .~ ... ., ~ 20'00 N 1}0 21'! 36,66 ~ SIlt. <9'00 ". . ".,?., o.,~ ~ g TRAIL 1 9 "l o 8 ~. z,.. 008 ~ 10 o N N 1302I'E 37,83 N no 1)1'40"E 39.84 N690,,'20"( 18.00 20.00 18.00 .,.. 2 9 ,,- () T t >- ({J , o ,"" t. ..,.. ~~ o - '" z 21 N 120 !ll' 4O"E 37'!52 N n021' E 37, I~ ~ o ...,. J! ~. o · 0;) N Z 20 ~ I~ 0 . 0 ..,.. "';) ~(\I N Z r9 0:: c (JJ o 3 8 ~~ -~ ~- 6'03 J ~ 18'11 18'11 \ N7~0~4 10' E \ \ \ \ \ \ \ \ \ \ \ \ \ ~~ ~"> 4 C>~ pA ,-" I , /(}?24'J Dfl,C?: /,-.. ,~Jq IN S1 o I 11 Ai ,- 1-'-" , 33 N6903,'20"r; 39.89 11.1)0 38 34 N690 3~'20"E 36' 19 35 N690,,'zo"r; 3~' 10 36 N690'6'20"( 6.22- 18.12 11'!)0 .06 a -2 ,) /() /1' . 18.00 1 o .... , ,.. ..,.. N~ o ,;) o N 7. 22 ..(c.. . ,," 00"'- "J " to.... ~~ SI' 20.13 . SIS .IT. 10.00 N ~ ~ ~~ N~ .... . Os . ~ N f..lI 0_ o~ <D. ~g i 18'11 I.() l).) ~ -- \ \ \ \ \ \ (? \ \ \ \ \ \ \ \ \ - 4 ~ .... (') l> ::u :;J) - )> C> ro '-' -- ()I ~ I... (J) ~~ 4 fj o a) ~ 10 r- )> Z rY\ 37 f..lI N ". ~ 1.,.03 26'~} . to' 00 18.00 116.9~ 18.00 ,-12 :. 10 ..,.'" . .... ~N ~... '" z 24 1 o ..,." .~ b 23 ~., N z 18'1/ 9"92 .----.....- ~--- / -r~- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / \/ ----J; ~ f..lI 1.1& 4 <D ,.". 0; 3' 0.30 ". .... o 30 ~ N ~- 0'" 0,; <D-o o~ ~ IS' .... o 29 1") t". SIB '~IB _ \z I.JI C') . ()I .... 0 o 0 U1~~ ....- .:,. 0:- ....~ o ~ ~- a)~ .... o 28 27 - tJI a) .... - (J) g o ~ 18.00 ~ 1 o .,.. -..,. ~ "'N o . o (\I z 25 ...,. '" ..,.- "'~ ~" (\I z 26 ~ ~ (" >1 '... ~ ~ tjt :..:: ,~ Q) '-.. '.. ~ t. r- / / / \"il' &1. A~'" ~o" ~ AOA11 l\t) 13'40 ;\. -- ~ ~\t\"p~) -,~~ iN ST. 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 SIB. IB IB.i1 -II-- -0-- ~ DIlP"'- ,_ ,-.. , I ' N9 I ') " 8 ,(.. :1 ,n69f)f .\,. ---- 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 ~-- - ~290 25'16'r- ......-11. 808 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 ) ) ~. ....~. 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 ) ) ) ) ) ) ) ) ) tf'----. c:;:::? -~ , . KIDDICORP INVESTMENTS LTD. RORERO !~' 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 ) ) ) ) ) ) ) ) ) NEWCASTLE M OR rVA CLERK ?~ I .~. KIDDICORP INVESTMENTS LTD. j t:/i RORERO LIMITED ~ - - PLAN MATERIAL PLASTIC MATERIAL - MYLAR GAUGE 0.003 INCH PROCESS PHOTO GRAPHIC INK SPECIAL 'T' SIB (WIT.) (N< 100.) n~ o:l' ",10 00- 10 z \ N n021'E I~O/~I) 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 ~ 20m 1 /.\ 1_1- 0 '/1/.\ r\! C I:: a 21.35 /j I.A Iv I_or 50 ~ '" . B I:: T V" I:: I~ r'-l 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 I /OM I_or 49 - LOT 48 LOT 47 "\ <~~~'" ~ ~'~~ t?; '> '" ">' ~q, "If 1, ~q,., Iv ( ~'~', " :~ ~q, v 0 ,,>1:0 ~ \ BI_/.\C K CRt:: E K TI~/..\;r_ (BY PIJ-\N :0 M - ) / \ I 10M- DARLINGTON :I V 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 18 ~ . -0 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 ) ) ) ) ) ) ) ) ) ) NEWCASTLE MAY R .dU CLERK 4--.... (~.~ 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 ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF TH~ TOWN OF NEWCASTLE -~ ~~#<--<-~ ~ MAYR L . .~ ?~. --, $~ , ! KIDDICORP INVESTMENTS LTD. ., .~> .----=:::::::::- RORERO LIMITED ---, .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 ) ) ) ) ) ) ) ) ) ) T~TION OF T~E TOWN OF NEWCASTLE ~~ ~ MAYO - ~~. c~ -r,~- 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 ) ) ) ) ) ) ) ) ) ) ~ION O~ THE TOWN OF NEWCASTLE ~~/ ~ HAyek ~-~~ /--- ..., -~ KIDDICORP INVESTMENTS LTD. RORERO LIMITED .,. . , I I I i i ! I ! I I 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 ! () 'lM~R . l ,Lf~.4::~ ) ) ~. -{, ~.. KIDDICORP INVESTMENTS LTD. ." t RORERO LI ITED . Ole 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 ) ) ) ) ) ) ) ) ) ) ~~~~/ NEWCASTLE ~YOR fa, ~), ~ CLERK /~ "-'''~' 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 ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE -~d._L-~/ tQ~~.OA CLERK e?-. ~,~ 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 ) ) ) ) ) ) ) ) ) ) T~TION OF THE TOWN OF NEWCASTLE / ,. ,dJ6~ - . CLERK ~....,.,~ ~. KIDDICORP INVESTMENTS LTD. RORERO LIMITED k~/' ---- 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 ) ) ) ) ) ) ) ) ) ) T~TION OF THE TOWN OF ~4~ !~.~ . CLERK NEWCASTLE ?z----..... _~.../ l.. ; ~ ./,,,. . . KIDDICORP INVESTMENTS LTD. ItJL~vt~ 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. .~. .' ". r .~. .) . .~. Schedule lip" - 2 - 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 ) ) ) ) ) ) ) ) ) ) T~N OF THE TOWN OF NEWCASTLE ~4- (4c~ . CLERK 'i ~.. --r,~ 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 ) ) ) ) ) ) ) ) ) ) NEWCASTLE A--- -;- c/?'~ 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 ) ) ) ) ) ) ) ) ) ) TH~ON OF THE TOWN OF NEWCASTLE ~,~ - I.-~~' ~ CLERK ~- -;-l~~ KIDDICORP INVESTMENTS LTD. RORERO LIMITED ") < ~ 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 ) ) ) ) ) ) ) ) ) ~ MA~O~ ~.~, CLERK t?<--~ I ~. KIDDICORP INVESTMENTS LTD. RORERO LIMITED .. . ~, 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. - ~ .----..---- Attachment "A" to Schedule "s" " ., - 2 - 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. -- . "'. -Attachment "A" to Schedule "s" . - 3 - 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. .... .. . .. .~ I l r OATED: 1984 BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - 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. . ~/ I> ;~,'~'! j , ~ ..-: . J .11:' ~t/~I' .Otvld W. Oakes. B.A..A.M.C.T., Town Clerk. OWO/IIS "Enclosure. cc:.Plannint Department P~Hc WOrks Departillnt i..~ I I ... l4i" SUBDIVISION AGREEMENT BETWEEN TilE TOWN OF NEWCASTLE AND BLACK CREEK DEVELOPMENTS [ By'law ND...-.i.-4.:.k1.:.._._ J' I File ND....t..r..:.l,r.t.....L.t..L..._.__' . .; ,. ',,' , , .. .'r . . 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 I, , J" . . ( f, .. '- 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 - - 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 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: ~ \ <' , , - e - 2 - 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. , . t , l T e e - 3 - 2 . GENERAL 2.1 CERTIFICATION OF OWNERSHIP (1) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title of the said Lands and setting out the names of all persons having an interest in the said Lands and the nature of their interest. (2) The Owner shall, at the time of the execution of this Agreement, provide the Town with a letter signed by an Ontario Solicitor and addressed to the Town certifying as to the title to any land excluding the said Lands, which is to be conveyed to the Town or over which easements are to be granted to the Town pursuant to the terms of.this Agreement. 2.2 COpy OF PLAN AND AGREEMENTS REQUIRED subject to paragraph 2.10(3) hereof, the Owner shall, at the time of the execution of this Agreement, provide the Town with as many copies as the Town requires of the 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. . . ( , , J f ( e e -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 "B"; or ; .. , , ,f . e 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 "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" '. i , . T 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 e e - 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. -------- ',I e e - 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 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. ; ,: e e - 8 - 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 : yl , e - 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 "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. , ' . e " - 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 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 1 ,.0".' ., ,. I ~ "1 , - .( 4) (5) (6) (7) (8) (9) ..(10) . e - 11 - .... 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 . t . .f' ". .. 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 ,0 (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. " . e - 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 ~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 (;; (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. . " - e - 13 - 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. 'i " ~ e e - 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. if. e . ". - 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 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 - 16 - (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. , " 1 e e - 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. 5.15 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 , ,~" e e - 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. ',,5 :21:' - 19 - MAINTENANCE O~OADS AFTER COMPLETION I e (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 . . e e - 20 - 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: . e - 21 - (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 ) ~~- ~ ) , MAYOR !_,n~_ ~ ) ~ CLERK ) ) A--. -r-._~ KIDDICORP INVESTMENTS LTD. RORERO LL~~ > ~XltX~ , \ . . 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) It/I 4"J r;"r"!fuk,. 11../ ~,.k,,>\ 4tll'Nlof I I ,/ / I urn /Qnc1 6",'fUaJ-e I Y /itty lkttl h~l'''i I~ -fk. ~.. . "or1Jewc~ll.. 'It ,/ 1f'Y/Dr.a/ ~'" /cl'" . ill #' ,A--. '\ ) . ~ 0 . fICA-it I (I/'Cl /'"7 d 1- n)/. a M, h (0,.11\ e 1'1 i /I IL low MJ...j4 (j P~/,/,;.. /0" ; ,,-;l.. a"",J op tJW/,QlYI) b~td QOhljose/of jO,./ "rL()13~?~ (1ollce6SIO,,;{ o r Il f'. Qe.o; tot L · e.. tOw 11.~/"r "p Dad";? 1.,,,) des I') na Ie,/ ~ <s AJ./'J J:. o~ 12ef-el'f!l\cQ.. f'b" IOI<-/1f7d. (j (J 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 ~ ~ MAYOR f l j)~. a~ ) CLERK ) ) u..... KIDDICORP INVESTMENTS LTD. -r_~. RORERO LIMITED ... ~ t. \ .' : \' e . .. 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) r;, 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 ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE ~WN OF NEWCASTLE ~L~L~ /" '. MAYo1 i~~~.~ CLERK. ~" I' /A~ _' ~- KIDDICORP INVESTMENTS LTD. RORERO LIMITED s ~ 1I1 ~ ~ ~ <1 :1 ~ C-J \~ ~ ~ ;f :- C) !.'J N IX tJj "., ! 1 ~ ~ ~ .~ " A. '#',,41 .. L.J fJ <( _J..... Q" t>. -'ltf ,.. t >- lIJ J ilft ;~b: tZ o (1) 0>. -~co ",..., _..... , -'> ~, 2 l' ROAD J\ I J ,)'A'A ~I "C h L-L.' 'IV, .." lJL_ B ET'v'JEE~J ." () ~ I ^ E ~ ~ f ()!\' ~ \J I .., \" .v v I ,~ \J If_' .lrf)~O H"IOE,'{.',':u BY .'.V$'!". .\,9 ,4/i!09,/j'""1 . ------~------~~~.~...-.!...-----__t--~----" ---,- Hl)02l"1 5."0 H 13021' E an o2ttt 1N8t N9 Noose7l II S. 40 4 ~9. . . . . $, N w. ANtltE ~ i8. I . Sl&. ~ 61 4t4Qt\ll'li0901l LOT J2IoCON.."i._ ..~-{. I I I ".1045'40 I <- ~!JII IUalOft.'.J \" . ~ Q) . 1--.. C~ '( C... i -!---~~~ I 0) t.... ~ ~ C: ~, ...... ""'C z. . ";' Q " JJglj ---- \ l' ~%\~. . ~ t [-~ ;; ~--;l I ~:!.~! ,---;+- /. : ~~ Ct J.,,;() ~ ( (t).... f--~ ; i ~ fl>. GC ~ ,,' , . ,tt,:,-, ,,'. .. ... ,- '.... .~"".~f....;.-"' . G... --~- fW') .. .... I)) ~It) ..... .... J... t: 'c c.... Ci I' t:J i- / / -, J , I I , I Ci I A, AI I L_ J~i /~ I" CJ Il/il 118_(Nt~ 1_ () T UI.(N9IOO!) A .~.\ ~. PART / I t t t l"'-"-A~'U'~". .~.....- c ! ::~ ......_.._....>...~._..,......-..i~!.. ~:~._._- ~ -*. !r-:~88".- 'hlo. "... 0 ~ /.('" C. ~-. C I /) A' lJ I V / J._ '-' V I {/ I V . ~9t ~~ ". (,- ... '( Q.. ;- ~~ .... ~ !? z ~-~--~~ .< _;eo " '.~~ ~ ~ I ~': \\.: ~ '( ..J t... a Sla.(HglOO~) c t<. L J..... g -----2J l~ ___ :.tl ---~ laf. Ctllf lOOt) - .. I , rt-r o t (. t I /{.!2 24 9 tlq u,sr. ~ ,1 ^ 1 r:> I ,.-. I V ,~ 1- NOTEl BEARI NOS ARt: ASTRONOMIC AND ~I RE'ERRID TO THE HlOo04'40"w Of AN EAST LIMIT OF PLAN lOR.. 13~9- ,TOWN OF N~I\STLE t RIGIONAL YU NICIPALI TY OF DURHAM. j ST ~NOARO I RON BARS ~, SHOWN taJs S18. 16mm. sq. IRON eARS. 00 em. LONG. SHOWN THUS 18. 2Ornm. OfA.ROUNO IRON BARS. 6Oent.loHO . SHOWN TItUS 18. ~ MONUMENTATION FOUNO, . MONUMEHTA TIO N PLANTED --0--. ,... C It no it' ( / 8",1 / .., ' -' ,. . RatA/hI \ \ \ \ \ \ \ \ ., () ,r-? \ r- i .; 2 a ~~ . t . u..,Ma) r~ 11"'. JI 01' (:l,"r 2 , ,..., 1 I , ~f.' t'OV .) ,.\. . ~€.. I I . ..i u. rt :..~ '# -~ :,,; . ~ ; ~ . 'i ~ "' POST OJO f tCOtlC1\fll pAO~ _ o 01 11 . \ CARpORr .../' f\::OSf 0.\ H COtiG~lfl ,AO O,\O'M ~, 2 1\ ~ t\. ~"' ~l.... 4. ".,. -...:. ~ ~\ft ! r_.~.l~ t.. ~ "' .. .. ~ tl ~h'~~ -It-\ ~1 ~. ~ ~ !, lJ 2 fJ) /)) ~ ".. p""" (;) t l~' I , I \ \ \ \ \ \ \ '2J~ I - . <:> .... /06'191 1',,,2 ;rJs1. 0- 't ~ (f) t: '.. SURVEYOR'S CERTIFICATEr t~-- -".-- - - - ~_. -'"l-"--~~'-- \ '\ \ \ \ \ \ \ . \ \ \ \ , \ , \ \ \ \ \ \ \ \ \ - \ \ \ \ \ \ \ \ - , \ ~ \ \ j \ \ _1---- r-- / . \ / \ // -:.. _ _ __ ~_} rt ~~ ~ ".. ..... -t. ',) ..) .. '" I CIRTlfY THAT I I. THIS SURVI'I AND PLAN ARE .CORRECr AND IN ACCOR04.HC1 WITH THI SURVIYS ACT ANO THE LAND Y'TLES ACT AND T H [ RI OUlA TIONS MADI THIREUNDIR. 2. TH E SURVEY WAS COMPLETED ON THI lId. OAY 0' APRIL, 1&84. AP'ftIL . , 198.. DATI ~~~~ C. F. FLEISCH MANN ONTARIO LAND SURVIYO, .- ,,-,,+ ._~-~- ;-'t --4:i. ..__-,~~_~-,""'___'__.~"""""_~_4.;$'P";___ . I OARUNGTON 2 - 32 - . '-,J.-,.....:.... I REQUIRE THIS PLAN TO BE OEPO S 'lED UNDER TH ELAND Tl TLES ACT PLAN IOR~______ RECEtvEO .ANO DEPOS1ffO OA r E _ A P R 1l-.___b....L !.9. 8 L O^TE_______~_ _~'\~MA~ " GNATVRE <:. r. r~t!!I$c:..II/fAAh.J . LAND RtO'STRAR 'OR THE LAND TlTl.ES DIVISION Of ~TlI. (N Q 10) PAR T I - ALL OF PARCEL 32 '-, . SEctiON CON.2 "NEWCASTLE (OARI..ING.TON J APPROVED ___,..-.____ EXAM I NER' OF SURVIVS H 1066 ., .,~ .. .' ~__"-.-' _'d~.,~.;..,;, . stJJ1~E:V PLAN OF PART TOWNSHIP TOWN REGIONAL SCALE. - II> OF OF t J air P II w I'rNCI ~4.IO'.E (H1."OS'l t. 9 ,. 92 ( If IS. ""Ij)\;l" tt-f\.JI.ft. \ IOR-.la,. 3) .~.. . HI '}col4) I METRIC I DISTANCES SHQ'NNONnt~'PLANAR.IH MalR~'~' AND CAN 8E CONVERTID' TO flIT 8Y>OIYI.OINC3 BY O.3(l4$. CAUTION r THIS PlAN IS NOr A PLAN QF SUBOtVISIOH WI THIN THE MEANING OF .THE PlANNING ACT. . . . ('0 OONEVAN a FLEISCHMANN co. LTD. ONTARIO LAND SURVEYORS II ONTARIO ST., SHERIDAN MALL. OSHAWA. UO 4Y6. P1CKERINO.LIV IB8. 12G..419G.683..3701 839.8693 ~ OOtWH 8Y:m.sj.(C.S.T.)C.Hl<D. 6Y: G. e.f. SCA II ... I : 7r,tl JOB N9 1- 1952 e ~ -~a -- .n 0-.,. i~_ -1 _- ~OA!J_ ;{'!,?E,\,!,\'(;_~y_~s.r __'\~~~'~{)9,?T ~. (S~I.) - _N73021~~__~_6'~_ ,- N73021' E N 1005 ~:j~~~ 30 16 28'89 21 79 N.W-ANGLE"OF JJI ~ N7302t'E Lor .12, CON. 2 a' (4OCORDING TO PV.H IOR- 1389) Ii ] . N I ~J- 0) II ~~ <D ~Ia G: 49 48 ~to- c( v ~ ~i~ f t----~ ~__~ ~ z . I ~~~.~ I .......... 0- . It) I 0) t: z I Q:) "C T ~ Q, I +_---SII.tMt"i005 I (), i \f) ~ I I ,"" {J- · , ul~ ~. : ~( o~ !11l(W9iOO5) . N610 40' 50"E ~ r~--;~-~ ---J ~ 35.a. III' ~~: 2Q)~ 51 ! "c N~ - I I ~ N,... Lt--- ' ?oN 111.''''!IOO5 II 0) z N7205140 E 33.45 . q)~ ~ I I ...... ~~ 1--. t: WINDSOR 8 I. T . I-- ~ G: (11.".tIOO5) VAL L EY . I (" , , ... "r SET 511 0 '-.!- J...: ~ G' N 1'1 I I ~c ~., L- i ~ GAT E I---f------,c- ", 9 N720~1'40"E 3~'18 I ~ v (~r'~~~'1008) I ~ ~ I ., I 1--- 008 c~ I "( I (j I'.... I ' ."1) , r----~,----. I ~ . ~ " I .., G: I CC d ' IIK-l ----~--t I ~~_v '\; v :/ J.. ~ g III c: i ~ :;~ QC !tL-~_..._--- II 6 J , l !'1) (;; ! ~ ~ l~ ! j... , !11..n I G _ (""".) , ! "( ~ I C l gu> I ,- 0 11\ c________. ~~~ I' ~ II ()I ~ (1') III ~~ ~~ o~<.c ~ ~ ~ ~-~ __ ~------ 1'\ ~~ t: ~~:~ h~; I '" "c? Q- ~N .~~ i" Q, ~...j z ~o ! '", ~ ......1 ~t \-6- \ '\ ~ Ct 14. i I \,. --1~ : "\ ___$:aGi\~ J ->-- i ~-- ~.~ ..~ y--- "'10'\ 'lO I I l..!J () c:(( I _..J 0... >- -=- uJ I -~ , -~ <.( ~: > <.( 0': o (J) o -7 ~- -:"> ~"'> ~__r----- .---....---"' /-~-- 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__ BCT\~ICC'" L_ 1 VVL_L_I'II 118.40 18.00 11843 47 3 -~ ~ o . ",.n -'" z ~ -0) a ",1'- o .n ~", z RESERVE ~ 46 45 -~ N "'N o ..,1'- -,.., Z 50 la.~o 36 ,50 18'00 21 E 11.50 17.50 12'3~ o o o N BLACK CREEK o .0 o N ,,~ , 1,f) 0':'1.1, 518 (j) Di . ~'" s;, '~5 1- '-t9 -..-1 ~ I 8, 29 !ill. ?'d);{,~ SI8 r N 73021'E '8'06. r 1800 r.oo- ""(,Iltl "E I~ ~~l() "1 ( / / . I V (./ _ k", \.J I I V ~ ~! ~g 13 -~g ~.n 0 . -", ~~ Z Z zo.QO N .n~ .'" to- 12 15 N ,... Q:)'" .n~ 14 ,.., :'-- \ \ 19,58 I N73021'E \~ ,or:; H:- I I I I 16 v ~ a ,., Q) a o :'-- 18.00 31.58 18,00 N73021'E '" 10 <4 N 1")2 -2 N73021'E 36'66 ,.... ~ ~ y) a-O) - .nl") ';'0 N~ Z ~ 1-~ ~o 9~V' SIB. .~ ....".. SIB. . T ~ - ~ (JI " ~ ,.,-2 - <:>" '" ..,,,, N~ Z N sl;.l 9 ,,- () T -~ 0 ;~ 10 ZI'- G. N13021'E 37.83 N nO 51'40"E 39'84 zo.oo ~ 2 " ~ 00 ~f(,/". -r:>">/ o~~~ ..~...;~~" "',{. ..-."- ... ~' " / ......v 8 r::: >- C!.J N 72.051' 4Q"E 37.52 N 730 21 ' E 37.15 3 ~1" / / II ~""/ o .'" '" ~ q o . ~ ~~ ~ 4 5 ~~~ . ., ~ I() . o qJ ,...", o ~, i f I i 6 I I n-r (l jl tl ' ,"-' ,".jg !N SI _....--~ - n f /1 ^../ ,. t- ,..... I 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 . (' f) "I "" r:- ~ Q I () ~, ~ ...I '- I" \...1 L _ ~ v I I '.I v 45.94 26.94 -' '18. WIT. -- {Ntl~L --- ~. . 24.13 / N730 21'E / N13021'E 15. i5'~' _. \ \ r-)\r-) r-)\~ ~\-~ ~\~ 44 20. 00 .~o ~o 0":'''' ~N N Z ,.... 41 N69035'20"E 3.48 _ 16.98 ~50 -~ b II' g~ o . -N il") ~ =0 'It'0 - a <t. Ny) ~,., N Z ,C:~ ;; I'\- 39 ~ -a <ta -<t a Ny) ~I"l N Z 40 20'00 jJ. '18. ...~ . 00 "'09 SII "". " 0".. .. 8 19' 02 11 50 N 903520" E o N 1800 N69035'ZO"E 1800 ~ :~ 0 - 0 "'. NI"l ~N N Z ~ -a "'10 - .... .,.. N.,. ~", N Z 20 ~ "a "'''' . to- <to NID ~", N Z 21 19 18'11 1811 \ N7~oe4 10' E \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ jI D-r p,...,,' I , "? :! 4 ') , \,. . I (' c> I ) J 1 2 a 33 2.0 . 00 20 13 N6903~'ZO"E 39.89 ~ r,) - ,... ..... 0 ~~~ N69035'2~- ~ 36' 79 ~\ N69035'ZO"E ---~ -35. \0 \ ~\ ti n 1> ::0 ::0 - )> C> f1\ 34 35 36 11.50 N69035'20"E 6.22 18.72 1 \; , \ o ~\ .: ~ 31 ':\ 38 ~~ ~ a N \ Z \ \ 11.0 \ " O'~_"-,4~" -k ~~ ~ TRAIL 18.00 18.00 ~,2 ~ =0 'It'N . to- ~N ~~ N Z .a .,..,. - to- .,.. "'(I) o ", o N Z .a <t", . ,.... <to NO ~<t C'II Z 23 22 18'11 , 8'11 91.92 4:) ~ I'l'I ..... (J .... \ \ I \ \ \ \. \ \ ! i \ \ I \ \ \ \ i ~ J - (), < \-..; ~) ~~ 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. IB la.~ --- --0-- --dlE- / ! / I / I I / ~~L_ / -2 ,) --.-- .~ - ,_. --.__..- ---.------- I \ \ \ \ I / I I I' I II ------y (JI o.,j ID (JI z r,) ,... o _ a~ ID. -IJI 0.0 ~ - ~ stag ls.a ~ ~ :3' tlj '1 _ O.~O Z N (JI- 00) O' IDIJI -0 0:: ~ 0) 5 ~n oA o ~ IJI o "30 (J1 oa , )> Z f" ~ \g '-'; \ t'_ :i':- (II. IJI o 29 28 SIB \SiB _ iZ ~ 'N . ()I IJI 0 o 0 (JI 1.0_ IJI - ~o~ IJI~ 2.0.00 21 (II 011 IJI <n 2.6 !l3 116.95 18.00 18.00 24 ~ o "'''''' '.,. ~ NN o <t a N 'Z ~ "0 _<t <" .,.- N<D o .., o N Z 26 ,... J) <" ~ 25 13.45 4' - ~ ~\t\<P&' -, \" \& .&'Z. A-~' '\~o"~ A-Oa,~ ~'i 11 -,1" rl 1-,. :-' r" ' ,'.' c? ;N 5/. I I} / 8 , (- ~ \'.) I i I \ \ \ \ I \ \ \ I \ \ \ 1 i \ \ \ \ \ \ \ , I I \ \ \ \ ~ '"-- -.. ~ -t_ , i \ I' I \ \ \ \ \ \ \ r- / :i -aO? :00"'''' 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 ~~ /~ -r-. ~ KIDDICORP.INVESTMENTS LTD. RORERO LIMITED 't ~ \ e e 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. ~, ~ ~t , I, ' e e " 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 ..... ~" 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 ) ) ) ) ) ) ) ) ) ) OF {/. MAYO t~.~ CLERK .h--. ,,~. KIDDICORP INVESTMENTS LTD. RORERO LIMITED ,'," ,..,. e e 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. , . e e :- I., '. - 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 ,) . ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF NEWCASTLE ~~c- L~.~. CLERK /e..- KIDDICORP INVESTMENTS LTD. I~~~ RORERO LIMITED I I- i i i ! I I I . 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 , . I I i i I I I I I 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 - !~.~ ... '" ~ .-;-. ~ KIDDICORP INVESTMENTS LTD. RORERO LI '0 , . e e .' . 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 . . e e 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 ~. /) / . ~~ CLERK . // ~ ~- /~ /,~ KIDDICORP INVESTMENTS LTD. RORERO LIMITED .. \ , . , .fJ / e e 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. ~' It , .' I e . 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 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. ~.. ....---- . .. '" ' / ~ 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 !h ~~_ C'\. " ,. ( e . 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 / -zd~. '\ . CLERK ?<----. T'~ KIDDICORP INVESTMENTS LTD. RORERO LIMITED :- It "~ e e 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 . ~ " e" '" e. 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. .1 . \ . '(' '. . '" . . 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 ~. ~' .,- , ... KIDDICORP INVESTMENTS LTD. RORERO LIMITED ... . .' . e 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 ?"'Z--- /.~' KIDDICORP INVESTMENTS LTD. RORERO LIMITED .. ",'" ~:.. l " . . 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 ) ) ) ) ) ) ) ) ) ) -~~~ CLERK /-c---r-, ~ KIDDICORP INVESTMENTS LTD. RORERO LIMITED ._'"''' . .\ 1 " . ... . . 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 ) ) ) ) ) ) ) ) ) ) L(L..,~- ~ CLERK h---" .,.~ KIDDICORP INVESTMENTS LTD. .... RORERO :.~ ~ .. -f << . . . 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" .. . ...,.~. .,,1' ... , .. 1-. - 2 - ~ . 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. .. At:t. "A" .:. ~, ,~ acnmen t .. '. to SChed""S" - 3 - .. f r I 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. 7 1... " ,/ ~. , I \~": .. '. ~ ~ .~ .--- r' 1'~'i') b t ~J -:::r ~ .. :>>: .::c o o ('0.1 c.':l :::::> ex: PAID LAND IEGISTIY OFFICE NO. 10 1& ~(J1) DATED: 1984 '", BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE - and - KIDDICORP INVESTMENTS LTD AND RORERO LIMITED SUBDIVISION AGREEMENT The Corporation of the Town of Newcastle Planning Department Municipal Offices HAMPTON, Ontario, LOB lJO