HomeMy WebLinkAbout84-96
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84- 96
being a By-law to authorize the entering into of an Agreement with
Toronto-Dominion Bank and the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts
as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation's seal, an Agreement between Toronto-Dominion Bank and
the said Corporation dated the
day of
, 1984, in
the form attached hereto as Schedule "X".
2. THAT Schedule lit' attached hereto forms part of this
by-law.
BY-LAW read a first time this 23rd
BY-LAW read a second time this 23rd
day of July
day of July
1984
1984
BY-LAW read a third time and finally passed this 23rd
day of
July 1984
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Form 16
THE LAND TITLES ACT
APPLICATION TO REGISTER NOTICE OF
AN UNREGISTERED ESTATE, RIGHT
INTEREST OR EQUITY
Section 74
TO: The Land Registrar for the Land Titles Division of
Newcastle (No.10)
THE CORPORATION OF THE TOWN OF NEWCASTLE has an unregistered
estate, right, interest or equity in:
1. The land registered in the name of THE TORONTO-DOMINION BANK
in respect of the land registered as Parcel 34-1 in the Register
for Section Con-2 Darlington.
And hereby applies under section 74 of the Land Titles Act for the
entry of a Notice of Agreement dated the ~oStl day of j/(j(Jcrqilf/f 1984
in the register for the said parcel.
DATED at Oshawa this 18th day of December, 1984.
THE CORPORATION OF THE TOWN OF NEWCASTLE
by its solicitor,
1i.'1f~'
RALPH S~ JO ES
The address of the applicant for service is:
40 Temperance Street
BOWMANVILLE, Ontario
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Form 17
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THE LAND TITLES ACT
AFFIDAVIT IN SUPPORT OF APPLICATION
FOR ENTRY OF NOTICE OR
EXTENSION OF NOTICE
Section 74
I, Ralph S. Jones, make oath and say as follows:
I am the solicitor for the applicant named in the attached application
for entry of a Notice of an unregistered estate, right, interest or
equity under section 74 of The Land Titles Act.
The particulars of the applicant's interest in the land are as
follows:
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Agreement dated the ?>o.56{ day of fJo V?.A/{ 8{t ((, 1984, between The
Corporation of the Town of Newcastle and THE TORONTO-DOMINION BANK,
attached hereto as Exhibit "A".
SWORN before me at the
in the Regional Municipality
RA~~j~.
City of Oshawa
of Durham this 18th day
of December, 1984.
A Commissioner, etc.
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IS lG . .m-rr made in qu ntuplicate this 30th uay of Nov~tor~. & JoMS. lot ~
SolicItor.. Expire. July H, 19....
BET l'1 E EN:
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'!HE OJRroRATION OF THE 'I(MN OF N3vCASTLE,
Hereinafter called the "'!Oom" OF '!lIE FIRST PART
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'!HE 'lORCNlO-OOllINION BANI<
Hereinafter called the "O'1I'lER" OF 'lEE SECClID PART
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Hereinafter called the "HOR'lGP(;EE"
OF '!HE 'llIIRD PART
l'lITNESSE'm '!HAT:
NHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, are hereinafter called the "Lands" and constitute 8.13 hectares;
AND ~-mEREAS the o,mer warrants that it is the registered ~mer of the Lands;
AND l'JHERFAS the o.mer warrants that the Hortgagee is the only mortgagee of the
Lands;
AND mtEREAS the o.mer warrants that it has applied to the Regional
Hlmicipali ty of Durham, hereinafter called the Region for awroval of a plan
of subdivision of the lands;
AND l'1HrnF..AS to canply with the Region's conditions for such awroval, the
o,'mer has consented to enter into this Agreanent with the T~m;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
A'greanent with the Regional l>1unicipality of Durham, hereinafter called the
"Region" to satiSfy the requirements of the Regional Municipality of Durham,
financial and otherwise;
AND WHEREAS the o,mer warrants that it has or will enter into an agreement
with the appropriate Public utilities Commission or other authority or canlpany
having jurisdiction in the ar~.a of the said lands for the design and
installation of the utilities referred to in Schedule "H" and hereinafter
called "Utilities";
Nal THmEFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as foll~ls:
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1.
DEFINITIONS
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In this Agreement:
1.1 "Council" shall mean the Council of the Corp:>ration of the Town of
NtWcastle~
1.2 "Director" shall mean the Director of Public "'lorks of the Tor,.m of
Ne.,rcastle 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
NtWcastle~
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the TO\om of Ne.wcastle ~
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the TOVln of Ne.wcastle~
1.6 "Solicitor" shall mean the Solicitor of the Corp?ration of the Town of
Newcastle~
1.7 "OWner" shall include and individual, an association, a
partnership or a corporation and wherever the siflgular is used herein,
it shall be construed as including the plural.
1.8 "Corrmissioner" shall mean the Corrmissioner of Planning for the Regional
Municipality of Durham.
1.9 "f.1inister" shall mean the I>1inister of f.lunicipal Affai rs and Housing,
Ontario.
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2.
GENERAL
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2.1 CERTIFICATION OF o;'JNERSHIP
(1) The Q-mer shall, at the ;time of the execution of this Agreanent,
provide the Town with a letter signed by an Ontario Solicitor and addressed to
the T~m 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 ().,mer shall, at the time of the execution of this Agreement,
provide the To.m 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 easanents are to be granted
to the Town pursuant to the terms of this Agreement.
2 .2 ropy OF PLAN AND JV:;RF.F.f.1ENTS REDUIRED
Subject to paragraph 2.10(3) hereof, the CMner shall, at the time of the
execution of this Agreement, provide the ~m ",lith as many copies as the Town
requires of the plan of subdivision for the said Lands, which plan shall be
. the plan prepared for awroval by the Region. The plan is attached as
Schedule "B" and is hereinafter called the "Plan". The Q-mer shall also
furnish to the To.m at the time of the execution of this Agreement, one copy
of the said Plan containing the stamp of awroval 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 awroval and/or Agreanent is in existence at
the time of the execution of this Agreement. If the awroval or agreement
wi th the Region is not available at the time of the execution of this
Agreement, the Owner agrees to provide the TcMn with the Plan, with the stamp
of awroval of the Region and a copy of the Subdivision Agreement entered into
\'I1th the Region, irrmediately after approval is granted or the agreement
signed. '!be o,mer shall also furnish to the TCMn at the time of the execution
of this Agreement one copy of each of the agreements entered into ",lith the
Public Utilities Commission or other authority or company having jurisdiction
in the area of the said Lands for the design and installation of t11e
utilities, or, if such agreement or agreements are not in e>dstence at the
time of the execution of this Agreement, the Owner agrees to provide the Town
wi th a copy of each such agreement imnediately 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 OI-mer and the T<:Mn, but not later than
the registration of the Plan, deliver to the Town executed transfers of
easanents free and clear of all enctm1brances as set out in Schedule "E"
hereto.
(2) If, subsequent to the registration of the Plan, but prior to the
issuance of a building permit in respect of a lot or block, further easements
are required for utilities or drainage, or other pur{X)ses, in respect of any
lot or blocl{ within the Lands, the ().mer agrees to transfer to the To.m 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
",ould prevent the erection of a dwelling on 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 ().mer and the Town, but not later than the
registration of the Plan or applicable phase of the Plan, deliver to the 'l'c7Im
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, enctm1brances and easanents, the
lands set out in Schedule "p" hereto. Such conveyance shall include the
dedication by the ().mer to the Tam of the lands required by the terras of The
Planning Act, as amended from time to time to be dedicated for public
pur{X)ses, other than for higrnays, unless the T~'lll oct; (lgreel) to accept cash
in lieu of such lands, as provided herein.
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2.5
~T.:rm..Pf..D.EDl:,- }\Nlt~{rS_.oR. .E'J\.SX1JllDS
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The aforementioned deeds and grants of easements shall be prepared by the
OWner and registered at the OWner I 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 ~m to
insert such Plan number after registration of the Plan.
2.6 LANDS FOR SQlOOL roRR)Srn AND SECXlIDARY OPI'Irn
(1) There are no lands for school purposes and secondary option.
2.7 IN'l'EREST m SAID LANDS
The o.mer hereby charges all its interest in the said Lands with the
obligations set out in this Agreement.
2.8 tmH'ICATlrn OF Cl'1NER
If any notice is required to be given by the ~m to the O\mer in respect of
this Agreement, such notice shall be mailed or delivered to:
The Toronto-Dominion Bank
Nain Branch
4 King st. W. at Simcoe Street
OshclWa, Ontario
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or such address as the OWner has notified the Tor.m, in \'i'riting, and any such
notice mailed or vclivered shall be deen1ed good and sufficient notice under
the terms of this Agreement.
2.9 RffiISTRATION OF H;'RF.Flo1F.NT
'!he o..mer andl>tortgagee hereby consent to the registration of this Agreement
by the TcMn 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 theretmder, have first
been registered against the title to the land included in the Plan.
2 .10 RENEGaI'IATlOO AND Al1ENIl"IENT OF AG'RF.F}'1ENT
(1) The O\vner agrees that the ~m may at its option in the circumstances
set out belat on thirty (30) days written notice to the o.mer, declare this
Agreement to be subject to ~enegotiation, \>1hereupon the OWner agrees not to
undertake any construction or installation of any of the Works until tl1is
Agreement has been renegotiated. This Agreal1ent may be subject to
renegotiation if:
(i) the Commissioner approves a Plan of Subdivision for the said
lands which is substantially different fran the Plan attached
hereto as Schedule liB n: or
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(ii) the Plan of Subdivision is not finally approved by the
Commissioner and registered within eighteen (18) months of
the date of the execution of this Agreement; or
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(Ui) the agreement between the CMner 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 mder the terms of this Agreement; or
Civ) no construction or installation of any of the Works has
corrmenced within two (2) years fran the date of registration
of the plan,
and failing agreement, this Agreement shall be null and void.
(2) '!he parties may fran time to time by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendnent 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 armexed
hereto refer to the descriptions in the red line plan annexed hereto as
Schedule "B". Upon the final plan of subdivision being approved by the Region
the final plan shall be substituted for the red lined plan annexed as Schedule
"B" and all amenanents 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 particlar Schedules "B", "E",
ifF", "G", "N", "0" , "P", and "Q") with the final plan of subdivision.
2.11 mm rro AGr PROOPrLY
Wherever the TcMn, or the Solicitor, or the Treasurer for the TcMn, 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 ar:proval, then such action, deci.sion,
confirmation, authorization, permission or approval shall be made prcmptly and
in all respects the Tovm and its officers, servants or agents shall act
reasonably. '
2.12 N>SIGNHENT OF l\GRF."'11F.NT
The ~r.ner shall not assign this agreement without prior written consent of the
TCMn and no such assignment shall relieve the subsequent ovmer of any of his
obligations under this Agreement.
2.13 SaIEOOLES 'ill J'GFF>>1F.N'I'
'!be folIO/ling schedules which are identified by the signatures of the parties
to this Agreement, and \llhich are attached hereto, together with all provisions
contained therein, are hereb\] made a part of this Agreement as fully and to
all intents and rurposes as though recited in full herein:
Schedule "Air - IrLegal description of said Landslr
Schedule "B" - "Plan of Subdivision for final approval"
Schedule "e" - "Charges against said Lands"
Schedule Irn" - "Deveiopnent charges"
Schedule "E" - "Grants of easements to be dedicated"
Schedule "F" - "Lands and/or cash to be dedicated"
Schedule "S" - n~tinister's/Region's Conditions of Approval"
2.14 ~DRTGAGE
'Ihe f.1ortgagee does hereby postpone his mortgage to this Agreement "lith 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
othenlise, he shall not use or develop the said lands except in conformity
with the provisions of this Agreement.
2.15 SJCCFSSORS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, adnunistrators,
successors or assigns.
2.16 PLAN APPRO/AI.
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 awroved for registration.
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3.
FINANCIAL
3.1 PAYroImT OF ':t'AXES
'!be OWner shall, at the time of the execution of this Agreement, pay all
~~unicipa1 taxes outstanding against the said Lands, as set out in Schedule "C"
hereto. '!he Owner further agrees to p;ly any municip;ll taxes, ",hich may becane
due and payable by it, in respect of any of the said Lands, prior to the sale
by the cx.m.er of such lands.
3.2 PAYMENT Of LOCAL DIPROV'El1ENT ~ES
'!he <Mner 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 lie" hereto. Such charges shall include the
Town' s share of any local improvements which serve the said Lands and shall
include the coufluted value of such charges including charges falling due after
the date of 1:l1e e..:ecution of this Agreerilent.
3.3 PAYro1Fl~T OF DRAINroEGIAOOES
'!be O..mer shall, at the time of the execution of this Agreement pay all
drainage charges assessed under 'Ibe Hunicipal Drainage Act, 1975, and The Tile
Drainage Act, R.S.O. 1900, against the said Lands, as set out in Schedule "C"
hereto, including the commuted value of such charges falling due after the
execution of this Agreement.
3 . 4 PAYl-IENT OF DEVELO:R1ENT GIAOOE;S
'!he Qomer Shall pay all developnent levies in the amounts and at the times set
out in Schedule "0" hereto. Notwithstanding 'the proviSions of Schedule "D" as
to the times at which the developnent charges shall be paid, the Chmer shall,
prior to the issuance of any building permit in respect of any lot or block,
pay all remaining developnent charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
'!he CMner agrees that, if the Town agrees to accept cash in lieu of the
dedication by the <Mner to the Town OF lands for public purposes, other than
highways, the amount of such cash p:lyment shall be as set out in Schedule "F"
hereto. The CMner further agrees to pay to the Town any such cash payment as
set out in Schedule "F" hereto, at the time of the e;cecution of this
Agreement.
3.6 PERFORMANCE GUARANTEE REDUIRED
(1) The Qo,ner shall, prior to the issuance of any Authorization to
Corrmence 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 Qomer 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 Cornnence Work.
(2) All documents furnished under this paragraph shall be awroved 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 ~.F~.E..~1l~
'lhe o..mer agrees that the T~m may at any time, by resolution of T~m Council
authorize the use of all or part of any Performance Guarantee if the o.mer
fails to pay any costs payable by the CMner to the Ta-m under this Agreanent
by due date of the invoice for such costs.
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3.8
INDEHNIFICATlOO OF rom AND INSURANCE
~'he Qmer covenants and agrees to indannify the Tam against all actions,
causes of actions, suits, claims and demands whatsoever and ha'lsoever caused,
,,,hich arise either by reason of the developllent of the said lands, or the
LU1dertaking of the design, construction, installation and maintenance of the
l'lorks and utili ties. '!he o'-mer agrees to indellnify the Ta-m \'li th res~ct to
all such clainm noh'lithstanding the issuance of a Certificate of Release
provided for in this Agreement. 'The o.-mer shall also provide the insurance
called for by Schedule ilK" of this Agreement.
3.9 HAlt-.1TENANCE GUAP-MlTEE PERIOD
In order to guarantee that all defects in the \'lorks which becane awarent
after the issuance of a Certificate of Completion for such Horks, will be
properly repaired or replaced, the O,mer shall, prior to the issuance of the
Certificate of Completion for such Works, lodge ''lith the Tam a !'laintenance
Guarantee in the fOIIll of cash or an irrevocable letter of creeli t fran a
chartered Canadian bank and in an amount equal to ten percent ClO%) of the
estimated cost of the Works as set out in Schedule "J" hereto. The form of
the Haintenance Guarantee shall be subject to the approval of the Tor.-m
Solici tor, and the TCMrl Treasurer, and shall guarantee the vlorks fran the date
of completion as follavs:
(a) Initial Stage of Road Construct~oru. the greater of two (2) years fran
the date of issuance of the certificate of canpletion for the initial
stage of road construction or upon the date of the issuance of
certificate of canpletion for the final stage of road construction.
(b) Final Stage of Road Construction: one (1) year fran the elate of the
issuance of the certificate of canpletion for the final stage of road
construction.
3.10 USE OF NAINTENANCE GUAPJ\NTEE
'!be <.Mner agrees that the Ta-m may at any time, by resolution of Ta-m Council,
authorize the use of all or any part of any Haintenance Guarantee if the Qmer
fails to pay any costs payable by the o'mer to the Town under this Agreanent,
by the due date of the invoice for such costs.
3 .11 REDUIREHEN'IS FOR RELEASE OF PERFORNANCE GUARANTF.E
'!be <.Mner agrees that the TCMn shall not be obliged to release to the Ckmer
the unused portion of any Performance Guarantee until:
(1) a Certificate of Canpletion has been issued for the l'vorks for
which such Performance Guarantee was required; and
(2) the <.Mner has deposi ted wi th the Ta-m a Maintenance Guarantee
aH,>lying to those Works for which such Performance Guarantee was required; and
(3) the T~1J1. is satisfied that in respect of the construction and
installation of the Works for which such Performance Guarantee was required,
there are no outs~tnding claims relating to such Works.
(4) the TcMn may, fran time to time, reduce the amount of the value
of the Perfonnance Guarantee to reflect the progress of the Works required to
an amount equal to the value of the uncanpleted ~'lorks, plus ten percent ClO%)
of the value of the completed Works on approval by the Director of a Progress
Certificate prepared by the Cklner's Engineer.
3.12 RIDUIRENENTS ro..R..~1L.Q.f_l'~~i'LmJ.8rHm'tE
(1) ~1e Owner agrees that tl1e Ta'ln shall not be obliged to rela1se to the
CWner the unused [X>rtion of any Naintenance Guarantee until:
(a) a Certific(),te of Acceptance ba.s been issued for the Works for
'Iilhich such Ei,aintenance Guarantee ,vas required; and
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(b)
the TCMn is satisfied that, in respect of the maintenance of
all of the 1'10rks for \'lhich. such r,]aintenance Guarantee was
required, there are no outstanding cla~s relating to such
l'lor ks.
(2) The TCMn shall release to the Ckmer the unused portion of any
Haintenance Guarantee upon fullfillroent of Clause (a) and (b) of subparagraph
(1) hereof.
3.13 PA~1EI'lT OF r.n.ll'JICIPAL OOSTS
(1) Every provision of this Agreement by which the CMner is obliged in any
way shall be deemed to include the words "at the expense of the o.mer" unless
the context otherwise requires.
(2) The Qtmer, upon the execution of this Agreement, shall reimburse the
TcMn for all reasonable legal, plamling, engineering and other technical
advise and assistance actually incurred by the TcMn in connection with the
preparation for an attendance at any Ontario Municipal Board hearing(s) in
respect of the awroval of cmy amendnent(s) to the TcMn's Restricted Area
Zoning By-law necessary for the ~planentation of the Plan.
(3) The CMner shall reimburse the TOIim for all reasonable legal and
administrative expenses actually incurred for the preparation and registration
of this Agreernent, and the legal services contemplated by the tenns of this
Agreement 'Ylhich shall include revie., 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
dOClmlents and calculations of charges for which the To\m is seeking
reimbursement.
(5) The o.mer shall pay to the TOIim for all engineering and inspection
costs in accordance with the provisitons of Schedule "R" hereto.
3.14 UNPAID QIARGES
'!he Due date of any sum of money payable herein, unless a shorter time is
specified, shall be thirty (30) days E.O.H. after the date of the invoice.
Interest at one and one-half per cent (1 1/2%) per month shall be payable by
the CMner to the TCMn on all sums of money payable herein, \olhich are not paid
on the due dates, calculated fran such due date.
3 .15 CXXl1PANCY PERfvlIT
Prior to the issuance of the first building permit the a.mer ag.rees to lodg~
,.,i th the Town an irrevocable Letter of Credit annually rene.wable and issued by
a chartered Canadian bank in an amount of three thousand dollars ($3,000.00)
to guarantee that occupancy does not occur in respect of any lot or block
before issuance of an Occupany 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 paragraIt1 4.8 the sum of seven hundred and fifty
c1Hars ($750.00) shall be irrmediately forfeited to the TcMn for any lot or
block and upon forfeiture the a.mer shall irrmec1iately restore a Letter of
Credit for the full amount of three thousand dollars ($3,000.00). So that the
amount of security deposit on hand \'li th the TcMn always equals three thousand
dollars ($3,000.00). '!be Letter of Credit shall be released to the o;mers at
such time as the last unit is ready for occupancy in accordance "lith the terms
of this Agreement or at such earlier date as agreed in writing by the parties.
'!be To;m agrees to permit the Letter of Credit lodged by the CMner to be
substituted, either in whole or in part, by a Letter of Credit subnitted by
the builder to whan the CMner has sold a lot or block with the Plan. The
CMner agrees to obtain any such Letter or Letters of Credit, on behalf of and
in favour of the TCMn, at such time as any or all of the said lands are sold.
The TcMn further agrees to release substituted portions of the o;.,ner's Letter
of Credit, in respect of occupancy. Furthermore, the CMner acknowledges that
occupancy deposit(s) will be provided for future phases of developnent of said
lands.
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4.1 APPnfNM. OF TREE rnrnffiVATION PLAN
The a~er agrees not to ranove trees from valley lands without the written
ar;:proval of the Central Lake Ontario Conservation Authority and not to ranove
trees from lots or blocks except those that ,.;ould otherwise prevent it from
carrying out the ~'lorks or from utilizing any lot or bJ.ock by reason of its
inability to site a cl\",elling on such lot or blode becau[;e of such trees.
4.2 USE OF SAID LANDS
The CXmer agrees that the said Lands shall not be used for any purp:>se other
than that set out in Schedule liB" hereto without the prior ,.,d tten consent of
the Ta.-m.
4.3 IJ\r-.lDS m~SUITABLE FOR BUILDll\G
'!he o.",ner agrees that the lots and blocks of the Plan ,,,,hich are set out in
Schedule "Nil hereto are unsuitable for building purposes and that no
application will be made for a building permdt for the erection of any
structure on ilny such lot or block until the conditions outlined in Schedule
"Nil 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 RIDDmll\G S'lTE PLAN
'!he o.vner covenants and agrees that no awlication for any building permd t in
re&pect of the lots or blocks of the Plan which are set out in Schedule "0"
shall be made until the o,.mer has entered into a Site Plan Agreement with the
Town respecting the development of such lot and lmless the appliciltion for a
building permit complies' in all respects ...Ii th the terms of the smcJ Site Plan
Agreement.
4.5 RFDUmEHEN'IE FOR BUILDll\G PERHITS
Nei ther the execution of this Agreement by the ~1unicpality nor the awroval by
the Town of the Plan for registration, nor the issuance by the Ta.-m of arry
Certificate of Acceptance shall be deemed to give any assurance tl1at building
permits ,.,hen awlied for ...,ill be issued in respect. of any of tile said Lands.
The owner agrees that no application for any 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 ,.,hich a building permit
is proposed to be issued have been transferred to the Ta~;
and
(2) all the roads ,,,,hich 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, to the written approval of the Director unless
othen~ise approved by the Director; alternately, if weather
conditions prevent the construction of the base course of
asphalt, an additional 100 rrm layer of granular I Al gravel
may be installed as a disposable "contc-unination" surface;
and
(3) all of the Works required to be constructed and installed
under such roads have been constructed and installed to the
awroval of the Director; and
>' .
-11-
(4) all of the utilities required to .be constructed and installed
lli1der such roads have been constructed and installed to the
approval of tile authorities having jurisdiction over such
utili ties: and
(5) the cx.mer has provided the Director of Plaming \'lith a mylar
and four copies of a street numbering plan satisfacto~' to
the T~qn and each street number shall permm1ently apply to
the lot or block shChm on the Plan and shall be provided by
the cx.mer to all subsequent ~vners: and
(6) the balance of all levies and/or developnent charges have
been paid in respect of the lot or block in the Plan for
vlhich the building permit is applied for; and
(7) the O;mer has deposited the Occupancy Letter of Credit as
required by paragraph 3.15 of this Agreement; and
(8) if the application for a building permit is in respect of any
lot or block set out in Schedule "N" the ().mer has fullfilled
the conditions \'lith respect to the lots and blocks as set out
in Schedule "Nn as rE..'quired by paragraph 4.3 of this
l'~greEroent; and
(9) if the application for a building permit is in respect of any
lot or blocl~ as set out in Schedule "all the O:mer has entered
into a Site Plan Agreement \"ith respect to the lots or blocks
as set out in Schedule "0" as required in paragraph 4.4 of
this Agreanent.
(10) the ();mer has provided the Director of Planning ",ith a mylar
copy of the registered plan of this subdivision.
(11) the Performance Guarantee and/or [.Jaintenance Guarantee
required pursuant to this Agreanent has been deposited with
the T~m and is in good standing.
(12) the applicant has submitted a site plan satisfactory to the
Director, and verified by the ~mer' s engineer that final
grades of the respective lot (s) or bloclds) are appropriate
for tile building(s) proposed to be constructed and that the
grading of the respective lots conforms to the approved lot
grading plan and the To;'ll1' s design criteria and standard
detail dra\'lings.
4.6 HODEL Hor:JES AND ARQIITECIURAL OJNTROL
(1) (a) nooJithstanding the provisions of paragraph 4.5 of this Agreement,
the ();mer may apply for building pennits for up to blcnty (20) model hanes on
the lands, provided that such application is in conformity 'ttlith the requisite
by-lm1s of the T~m and The Building Code, 1980, and provided that all
building permit fees, Occurancy Letter of Credit and appropriate develol:ment
levies as provided for in this Agreement have been paid or provided.
(b) Prior to issuance of building perraits in respect of model homes,
the ();mer agrees to obtain the approval of the Director of Public Horks in
respect of access to the model hanes or, alternatively, that any road required
to provide access to the model hanes shall be constructed to the canpleted
granular 'B' base \,li ti1 a 100 r:rn contamination layer of granular 'A' Vlhich
shall be removed and disposed of prior to final construction of the road.
(2) 'Ihe Qmer agrees that any Hodel Hane shall be used for display purposes
only and shall not be occupied for any residential purpose tll1til such time as
the provisions of paragrah 4.8 of this Agreement have been canplied vlith and
if such Hodel Hane is occupied for residential purposes contrary to this
r:JGlragraph the provisions of paragraph 3.15 shall apply.
(3) (a) The (),mer COVel'k"1nts and agrees \'.Jith the Ta.m that he vlill exercise
or cause to be exercised, architectural control over the defJign and
construction of d\'lellings \vithin the plan by requiring that the e:~terior
construction on all (};qellings be at least 45 per cent masonry, e.g. brick,
stone or other earthern products, but m{cluding stucco and concrete block or
at least 45 per cent finished \'lO00 sieling, e:{cluding pl~'lOoc1, particle board
or other similar wood sheeting materials.
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(b) 'n1e o.-mer covenants and agrees that in the Agreanent of Purchase
and Sale, he will require each builder purchasing fram him to file, prior to
applying for a bui1clinCj [lenrd. t, vli th Hie Tavri, a I,Jaster Plan, to be aPE,rovec1
~J the T~vn, for the lot purchased by the builder/purchaser shaving housing
types, elevations and the distribution of models on such lots.
4.7 mpUIREr'lEN'IS FOR SALE OF LANDS
'Ihe Qmer agrees not to sell any or all of the said Lands until:
(1) the Tam has registered against the title to such lands any grant of
easanent in respect of such lands; and
(2) \"here no building perroi t has been issued in respect of any lot or block
proposed to be sold, the O.,mer has obtained fran the prospective
purchaser a covenant that such purchaser agrees at any time prior to the
issuance of a building penmit, to provide the Tavn with any grants of
easement required for utility or drainage purposes upon the written
request of the Tam; and
(3) the CMner has obtained fran the prospective purchaser a licence to perr.lit
the Q.mer and/or TCMn, to enter upon such lands to perform its
Obligations under this AgreemCl'1t; cmd
(4) the Perfonnance Guarantee and/or r-Iaintenance Guarantee required pursuant
to this AgreGnent has been c1etx'sited \'dth the T~m and if! in good
stancling.
(5) the Qmer has included the foll~Jing notices in the Agreements of
purcha.nc and Selle entered into by prosp~ctive purchasers:
(a) That the lands are subject to the covenants and obligatiol'lE: set forth
in this Agreanent and more l)[trticularly, Section 5.28 in resE)?ct of
obligations of subsequent a~rs;
4.8 REDUIREf;1ENT FOR AU'll-lQ~EI
Nond thstanc1ing the requiranents of any statute, regulai:ion, or by-lcM for the
issuance of any permit authorizing the occupancy of any u,lelling or other
[.txncture, the (\mer shall not permit any building on the said lands to be
occupied, Clnd no one shall OCCl1l?l such building without the written permission
of theTCMl1 hereinaft.er called an "Occupancy PenD.t". In addition to any
oi:her requirements contained herein, no OccupanC\j Permit shall be issued for
any building until:
(1) all of the roads \",hich are required to be constructed under this
Agreanent, \-lbich '<1ill provide access to such building, have had the
awlication of the base course of asphalt, to the 'vri tten awroval
of the Director; and
(2) all of tile storm drainage system requird to be constructed and
installed to service such building has been constructed and
installed to the written approval of the Director, and the building
has been connected thereto; and
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(3) all of the Utilities, save telephone and cable T.V. required to be
constructed and installed and cormected to the building have been so
constructed, installed and connected to the written approval of the
authorities having jurisdiction over such Utilities; and
(4) the building has been connected to and is serviced by a ",ater supply
and se\vage disposal system to the written awroval of the authority
having jurisdiction; and
(5) the Qvner's Engineer has provided the Director with certification,
being \'lritten confinnation that the lot or block, ",here such
building is located, conforms to the Grading and Drainage Plan, or
has received the written awroval of the Director \vi th 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 O..mer has not been able to canply \'li th the
requirements of sub-paragrafh (5) by reason of seasonal, \-leather or
other conditions beyond the control of the Q-mer.
4.9 SPECIAL <nIDITIONS
(1) The ().rner covenants and agrees to satisfy the requirements of
the Central Lake Ontario Conservation Authority as contained in Schedule
"Q" hereto.
(2) The folla'ling "larning clause shall awly to lots forty-one (41)
to fifty-two (52) inclusive as shCMIl on draft plan of subdivision "
1ST-81015 as awroved by the Regional l'1unicipality of Durham on January
27, 1983:
"Due to the proximity of this developuent to Highway No.2 and,
in via., of increasing traffic volumes, noise levels on these
properties may be of concern occasionally interfering with some
activities of the dwelling occupants."
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5 ~ PUBLIC WORY~
5.1 ro~l ~'10RKS RIDUI{lliD
'lbe CMner shall be responsible for the construction and installation of the
services and landscaping more particlarly referred to in Schedule "G" hereto
(hereinafter called "the Works"). Until the issuance of a Certificate of
Acceptance as hereinafter provided, the Works shall ranain the property of the
(hmer and the Qmer shall be fully responsible for their maintenance. After
the issuance of a Certificate of Acceptance, the t"lorks shall vest in and
became the responsibility of the TOwn.
5.2 UTILITIES REDUIRED
'lbe <Mner shall be responsible for entering into agreements with the
awropriate Public Utilities Comnission or other such authority or canr;any
having jurisdiction in the area of the said Lands for the deSign and
installation of the Utilities as more particularly referred to in Schedule
"II".
5.3 CMNER'S aJGINEER
'lbe Qmer shall retain a competent Professional Engineer, registered by the
Association of Professional Engineers of Ontario and hereinafter called tl1e
"Qmer's Engiooer", to adninister this Agreement, whose duties are set out in
Schedule "I" hereto.
5.4 DES IGN OF ~~lORI<S
'lbe Q'mer agrees that the design of all the Norks shall comply ",ith the Design
Cri teria and Standard Detail Drawings of the Ta.m. In the event of any
dispute as to such standards <i>r in the event of any dispute as to such design
requiranents, the decision of the Director shall be final.
5.5 APPROlN, OF ENGINEERIOO DRAWnK;S
'!he ().mer shall, prior to the issuance of any Authorization to Comnence Horks
as provided herein, have received the written awroval of the Director for all
drawings of all of the ~lorks hereinafter called the "Engineering Drawings".
If no construction of the vlorks has canmenced within two (2) years of the date
of approval of the Engineering Drawings, the Engineering Drawings shall be
resubnitted to the Director for re-approval and further revisions if required
by the Director, and no work shall be dooo unless in accordance \'1i th the said
revised and re-approved dra\dngs.
5.6 APPR0\7N, OF GRADnK; AND DRAINl'GE PLAN
'!he CMner shall, prior to the issuance of any Authorization to Comnence 1"lork
as provided herein, have received the written awroval of the Director of a
plan, hereinafter called the "Grading and Drainage Plan", and shCMing 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 flO/ling through, into
or over the said lands to the mlmicipal stonn sewer systan or any other outlet
awroved by the Director. This Grading and Drainage Plan shall be awroved
and sigood by the Director prior to th~ construction of any services or roads
on the said Lands. If no construction of the works is canmenced \'lithin 0.10 (2)
years of the date of approval of the Grading and Drainage Plan, the Grading
and Drainage Plan shall be resubl1itted to the Director for reawroval and
revision, if required by the Director , and no such other work shall be done
unless in accordance \-lith the said revised and reapproved dra\'lings.
5.7 S'lW3ING OF II]ORKS
If the OWner wishes to construct and install the Works and Utilities in
stages, the ().mer shall, prior to the issuance of any Authorization to
Commence Works as hereinafter provided, prepare for the awroval of the
Colmcil of the TcMn, a Plan hereinafter called the "Staging Plan" which
divides the Plan into stages for the construction, installation and
maintenance of the Works and Utilities.
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The OImer shall not proceed until such Staging Plan has been awroved by
Council, and shall proceed only in accordance \vi th such approved Plan, e~{cept
as it may be subsequently amended \vith the approval of Corncil.
5.8 ~N.J OF SOIEOOLE OF ~lORKS
'Ihe OI-mer shall, prior to the issuance of any Authorization to C()f[tnence Work,
as hereinafter provided, receive the written approval of the Director of a
schedule (hereinafter called the "Schedule of ~'lorksll) which sets out the
timing sequence in ",hich the OI-mer proposes to construct and install all of
the T'Jorks and utili ties and, ",here the installation of the Works and Utili ties
are to be staged the OWner shall, prior to the Authorization to Camnence ~~ork
for each such stage, receive the ,.,ri tten approval of the Director of a
Schedule of Horks for such stage. The CXomer shall proceed only in accordance
",i th the approved schedule, except as it may be subsequently amended ''lith the
approval of the Director.
5.9 APPROJN. OF msT ESTIHATE
'Ihe Ckmer agrees that, prior to the issuance of any Authorization to Conrnence
Work as hereinafter provided, the estimated cost of construction and
installation of all of the T'lorks, hereinafter called the "Norks Cost
Estimate", shall be approved by the Director and entered in Schedule "J"
hereto. If the TOI,m has approved a Staging Plan for the said Lands, the CMner
further agrees that the estimated cost of construction and installation of the
Norl<s for each stage, hereinafter called a "Stage Cost Estimate" shall be
awroved by the Director and entered in Schedule "J" hereto.
5.10 REDUIREHENTS FOR AU'lBORIZATION 'It) CDIl!r.1ENCE t'10RKS
'Ihe Chmer shall not conrnence the construction or installation of any of the
T.vorks "lithout the ",ritten permission of the TOI.m, hereinafter called an
"Authorization to Conrnence Works". 'Ihe Chmer shall only cornnence those ~'7orks
permitted by the Authorization to Canmence Horks. In addition to any other
requirements contained herein, no Authorization to Commence Works shall be
issued for any of the Works rntil:
(1) the Plan has received final approval fran the Region; and
(2) the Plan has been registered; and
(3) the (),omer has delivered copies of the Plans and Agreements as required by
paragraph 2.2 of this Agreement; and
(4) the D..mer has paid to the TcMn any outstanding charges against the said
lands required by paragraph 3.4 of this Agreement; and
(5) the CMner has conveyed to the TCMn any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the Ckmer has conveyed to the Tovm any lands and paid any cash as
required by paragraphs 2.4 and 3.5 of this Agreement, and any such
conveyance has been regi stered; and
(7) the OI-mer has delivered letters fran the appropriate Public Utilities
Commission, or authority or canpany 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
Agreanent; and
(8) the Ckmer has awointed an Engineer as required by paragraph 5.3 of this
Agreement; and
(9) the o..mer has received the written approval of the Director for the
Engineering Dra\.,ings as required by paragraph 5.5 of this Agreement; and
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! .
'(10) the Ckmer has received the written approval of the Director of the
landscaping required as part of the W'orks and more particlarly referred
to in Schedule "G"; and
(11) the Ckmer 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 Ckmer has received the written approval of the Council of the Tam
for the Staging Plan as required by paragraph 5.7 of this Agreement, and
(13) the Owner has received the \'lritten approval of the Director for the
Schedule of t'lorks as requied by paragraph 5.8 of this Agreement; and
(14) the Owner has received the written approval of the Director for the ~'lorks
Cost Estimate and/or Stage Cost Estimate as required by paragraph 5.9 of
this Agreement; and
(15) the o.mer has deI;X)sited with the Ta.m the Performance Guarantee applying
to that stage of the Plan for which the CMner is seeking such
Authorization to Commence Works as required by paragraph 3.6 of this
Agreement; and
(16) the Ckmer has deposited \'lith the TcMn any policies of insurance as
required ~ paragraph 3.8 of this Agreement; and
I
(17) the Qmer has paid all TcMn costs as required by 3.13 of this Agreement
as of the date of the issuance of the Authorization to Corcrnence works;
and
(18) the Owner has paid all costs due to the 'fa.m for oversizing as required
by paragraph 5.27 of this Agreement.
(19) Notwithstanding the above the Ckmer may cormnence installation of the
\'lork as referred to in Schedule "G" hereto with the \'lritten 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 \'lork, 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 \'lork pursuant to this clause
shall, notwithstanding the aforementioned approval of the Director, be
taken at the sole risk of the. Ckmer. . The o.mer shall save hannless the
Hunicipality frqn any action or cause of action resulting fran the
construction or installation of any of the "lork a.s meJY be undertaken
pursuant to this Clause.
5.11 PIDUIP.F.l1I:t-USJ1)lU'V.'JI:LOlUZATmIl OF SUBSEQtm:lT STAGES
If the Ta-m has approved a Staging Plan for the sai..c1 Lancls, the (X.mer shall
require an Authorization to Cormnence tvorks for each stage of the Plan. If the
TcMn has issL1ec1 an authorization to Connlence Norks for one Stage of the Plan,
in addition to any other requirements contained herein, no Authorization to
Conmence tvoJ;ks shall be issued for any subsequent stage of the Plan tU1til:
(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 "lith the Tam the Performance Guarantee ar:plying
to that stage of the Plan for which the o.mer is seeking such
Authorization to Canrnence Works.
5.12 INSPEC1'ION AND S'!OP tqORK
The contract with any contractor employed by the CMner to construct or install
any of the l'Jorks shall provide that employees or agents of the HtU1icipali ty
may, at any time, inspect the \'lork of SL1ch contractor pertaining to the said
Lands and the Director, after consultation with the CMner's Engineer, shall
have the ~er ,to stop any such work in the event that, in their opinion, work
is being perforrned in a manner vlhich may result in a canpleted installation
that would not be satisfactory to the Tam.
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r .
5.13 PROlISIONS Fat CONSTRJCl'ICN AND INSTALLATION
JUl of the Works shall be constructed and installed in accordc'lIlce wi th the
Engiooering Drawings as awroved by the Director. No variation fran the
Engineering Draw~ngs 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
ilL" hereto.
..
, .
5.14
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SEDqENCE OF CCNS'JRUcrION AND INSTAr.r .ATION
The Qvner shall, upon the issuance of an Authorization to Commence Works,
proceed to construct and install all of the Works Continuously and as Requi red
by the awroved Schedule of t'Jorks.
5.15 ml1PLErIOO TII>1E FOR CCNS'IRUcrIOO AND IijSTAT.T .ATION
The Oomer shall, within t\Vo (2) years of the date of the issuance of an
Authorization to Ccrnmence Norks, ccmplete the construction and installation of
all of the Works authorized in such Authorization to Cornnence \'Jorks with the
exception of the curbs, sidewalks, final coat of asphalt, final lot grading,
drive-lay approaches, sodding and tree planting.
5.16 , ADDITIONAL FACILITIES OR toTOR!< REDUffiED
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 Qvner shall, until the conclusion of the maintenance guarantee period,
construct or install such additional facilities and perfonn such a(~itional
\-fOrk as the Ta'm may request fran time to time.
5.17 INmHPLErr'E OR FAULTY tvOPJ{
If, in the opinion of the Director, the Gomer is not executing or causing to
be executed the Nork required by this Agreement, in such a manner that it \-lill
be canpleted \Vi thin the time specified for such canpletion, or if the said
l'lork is being improperly done, or if the o..mer neglects or abandons the said
\'Jork, or any part of it, before canpletion, or unreasonably delays the
execution of the same, or if in any other manner the said Work is not being
done properly and pranptly in full canpliance wi th the provisions of this
Agreement, or in the event that the Q-mer neglects or refuses to do over again
any 'Work which may be rejected by the Director as defective or unsuitable, or
if the Oomer in any other manner in the opinion of the Director may default in
performance tmder this Agreement, then in any such case the Director on the
authori ty of the Council of the TcMn may notify the ONner and his surety in
writing of such default or neglect and within ten nO) clear days after the
giving of such notice or within such furtl1er period of time as may be
specified in the notice, the Tam 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 canpletion of
such work at the cost and e}Q?ense of the o..mer or his surety, or both. In
cases of emergency, in the opinion of the Director, such work may be done
~t1ithout prior notice, but the Ckmer shall forthwith be notified. The cost of
such \<lork 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 Tam <including
any charges for overhead and profit) or, if such \-lork is undertaken by tl1e
fuvn, thirty (30%) percent of all charges incurred to canpletc-! the work, it
being heret~T declared and agreed that the assuming by the CXvner of the
obligatiollS imposed by this clause is one of the considerations \-,i thout \vhich
the r<'lunicipality Vlould not have e~\ecuted this Agreement.
(2) In the event that any liens are filed under 'lhe Construction T.Jien Act
such filings shall constitute a default in perfonnance tmder this Agreement,
then in any such case the Director may notify the CMner and his surety in
\-,d ting of such default and if the o..mer fails to satisfy claims of the lien
c1alinant wi thin ten nO) clear days after the giving of such notice or \<1i thin
. such further reriod of time as may be specified in the notice, then the
Municipal council shall thereupon have full authority and pa~er llrroediately,
at its option, to pay the full amount of the claim and costs into a
awropriate court having jurisdiction and the Hunici:r:elity shall be authorized
to use all or part of any perfonnance or maintenance guarantee do so. In the
event that the Hunicipali ty dra\',s upon the performance or maintenance
guarantee to satisfy the claims and costs of ay lien claimant, the o.'ll1er shall
fortl~lith upon notice fr~ the Director reinstate the perfomance or
maintenance guarantee to the full value required under the tenns of the
agreement.
, ..
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.;. ~I
5.18 ENrrRY FOR ENERGENCY REPAIRS
'Ihe ();mer agrees that, at.any time and fran time to time, Er.1ployees or agents
of the To..m nay enter the said lands for the purpose of making emergency
repairs to any of the l'lorks. Such entry and repairing shall not be deEmed an
acceptance of any of the t'lorks by the Tam, nor an assumption by the TChm of
any liability in connection therE:.With, nor a release of the ();.mer frall any of
its obligations under this Agreement.
5.19 DN,1AGES OR P-F.:r..OCATION OF EXISTn~ SERVICES OR
NEIGHBaJRING t'JF.r.T ,S
(1) The CXmer agrees to pay the cost of repairing any darnages to any
services \-lhich, without looting the generality of the foregoing, shall
include road, \'later, electrical, gas, teleIilone, cable television or se\'ler
systems, and the cost of relocating any existing services, caused by the
c1evelopnent of the said Land or any of the \'lork required by tl1is Agreement,
provided allvlOrk is to be done to the satisfaction of the Director cmd/or
authorities resl.lOnsible for such services. The C~'mer further agrees to f:aY
the cost of moving any of the vlorks installed under this AgreEment, in
drive'lays or so close thereto as in the opinion of the Director, \,!ill
interfere with the use of the drivaqay.
(2) The ~,mer agrees to, if the well or private water sur~ly of any person
outside the Plan is interferred with or dEMatered as a result of the
construction or installation of the Works:
(a) \-lhere the interference to a ...,ell or private water supply is of short
tern duration (i. e. during the course of de\'latering and excavating
and ...Ii thin one month of the canpletion of deV'atering) make available
to the affected party, a temporary supply of \V'ater at no cost to the
affected party; or
(b) \llhere the interference to a vlell or private '<later supply is of a
long terra duration, at the option of the o..mer and at his expense,
connect the affected party to the Tam water supply system or
provide a ne\V' 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 "'later enjoyed by the affected party
prior to the interference.
5.20 USE OF WORKS BY HUNICIPALITY
'Ihe CMner agrees that any of the Horks may be used by the ToI.,.n or other
authorized persons, for the p.lrpose for which the vlorks are designed. Such
use of any of the ~lorks shall not be deemed an acceptance of any of the l\lorks
by the Tam nor an assumption by the Ta'ln of any liability in connection
therE:.With, nor a release of the o..mer fran any of his obligations tmder this
Agreement.
5.21 HAINTENANCE OF ROALS AFI'ER mNPLEI'ION
(1) Notwi thstanding any other requirement in this Agreanent to maintain
the vlorks, if any building on the said lands is occupied, the o.mer shall
maintain all of the roads, which are required to be constructed and which
provide access to such building, ~til a Certificate of Acceptance has been
issued for such road. rIlle CXmer shall:
(a) nlo.intain the roads at all times in a ",ell drained, dust and mud free
condi tion, fit for all normal vehicular traffic, to the approval of
the Director; and
Cb) during the course of installation of the Works and utilities provide
and maintain safe and ade:Juate access to all occupied buildings;
(2) The TCMJ1 agrees to sn~'lplav and sand paved subdivision road\.'lays.
Until the roadvays are vested in the TCMn the o..mer shall pay one htmdred
percent <100%) of the actual cost of sno,o1Plaoling and sanding such roac'1mys.
~
-20-
'rif .)
(3) The provisions of any work or service by the ~m under paragraph 5.18
or subparagraph (2) of this paragraph, shall not in any way constitute
ar:proval or assumption of the rood and the rood shall not be cleemed to have
been assumed until a Certificate of Acceptance has been issued.
5.22 REDUIREr'1ENTS FOR CERTIFICATE OF mrlJPLETION
The o.mer agrees that the construction and installation of any of the ~'1orks
authorized in an Authorization to Caranence Norks shall not be deemed to be
canpleted for the purposes of this Agreement' until the Director has provided
the ~iner with written confinnation thereof, referred to herein as a
"Certificate of Canpletion". In addition to any other requirements contained
herein, no Certificate of Completion shall be issued until:
(1) Such of the Works, or stage of works, authorized by the Authorization
to Carmence Horks, for \vhich a Certificate of Canpletion is required, have
been ins~cted by the Director, and the Tain Council has approved the vlri tten
report of the Director that such ~qorks have been constructed and installed in
accordance \\1i th the latest version of the Engineering Drawings approved by the
Director; and
(2) The Ta,.m is satisfied that, in respect of the construction and
installation of all of the Works authorized by such Authorization to commence
VIorks, there are no outstanding claims relating to such ~'7orks.
5.23 PERIOD OF REDUIRED r.1ADJ'I'ENANCE OF ~'70RKS
The ~lner shall fram the date of the issuance of a Certificate of Completion
maintain all of the Horks covered by such Certificate of Completion for a
~riod as folla,.lS:
(a) Initial Stage of Road Construction; the greater of two (2) years from
the issuance of the certificate of completion for the initial stage of
road construction or, upon the date of the issuance of the certificate of
canpletion for the final stage of rood construction.
(b) Final S.tage of EQaQ Construction; one (1) year from the date of the
issuance of certificate of completion for the final stage of rood
construction.
5.24 REDUffia'1El.IITS FOR CERTIFICATE OF ACCEPI'(\NCE
The Qvner agrees that any of the Works covered ~J a Certificate of Completion
shall not be accepted, nor deemed to be accepted, for the puqXJse of this
Agreement, until the Director has provided the Q.mer with written confirmation
thereof, referred to herein as a "Certificate of Acceptance". In addition to
any other requirements contained herein, no Certificate of l\cceptance shall be
issued until all of the ~qorks covered by such Certificate of Completion have
been ins~cted by the Director and the T<Mn Council has approved the \'lri tten
report of the Director that all such ~"lorks have been maintained to the
awroval of the Director for the period set out in paragraph 5.23 of this
Agreement.
5.25 CllNERSHIP OF NORI\S BY 'IO.m
The Q"ner agrees that, upon the issuance of a Certificate of Acceptance, the
a,.mership of all of the Works covered by such Certificate of Acceptance shall
vest in the T~n and the ~mer shall have no right or claim thereto, other
than as an C>\mer of land abutting a road in which such l"lorks are installed.
5.26 RIDUIRnlENTS FOR CERTIFICATE OF REL~E
Upon compliance with subparagraph (1), (2), and (3) hereof, the ~m agrees to
provide the Qmer with a written release for tile said Lands, referred to
,
"
-21-
herein as the "Certificate of Release", in a fonn sui table for registration or
derx>sit in the aw1icable 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 {'lorks;
and
(2) a recJisterec1 Ontario Land Surveyor, approved by the TOt.m, has
provit;e4 the Ta'm vlith written confirmation that at a date not
earlier tl1an the end of the maintenance period described herein,he
has found or replaced all standarc: irol1 bt:trr: ,'1.f; nbo..m on tJle 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 TOt'lt1 COlU1Cil has, by resolution, acknO\-11ec1ged that o.-mer has met
all of the provisions of this Agreement.
'!he Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the ().mer under this Agreement with the
exception of the o.1ner's responsibility for drainage as provided herein and
the ().mer' s acceptance of the conditions for aw1ying for TOt.m building
permits as provided herein.
5.27 REDUIREHEr.IJ'IS FOR aJERSIZED OR D..'TERNAL SERVICF.C;
(1) In the event that the o.mer is re:quired to install oversized services
(hereinafter called "OVersized Services") or services outside the limits of
the Plan of SuJ:x1ivision (herinafter called the "External Services") \V'hich are
more particularly set out in Schedule "P" hereto, the TcMnagn..\€s that ulX'n a
developer of lands outside the Plan of Subdivision connecting to suQh
Q\Tersized or Exterl1c"ll Services, to pay to the D.:mer that portion of the cost
of the CNersized or External Services (\vhich is also set out in Schedule "P")
that is equal to the proportion of the excess cal:e.ci ty of such Oversized or
External Services which is estimated to be utilized by such developer. The
excess capacity of such Oversized or External Services shall be the capacity
of such services estimated to be available after the o.mer 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, \'1hose decision shall be final. In determining the
cost of the Oversized or External Services tl1ere shall be added annually fram
the first aDniversary of the issuing of the Certificate of Completion to the
costs set out in Schedule "P" a sun e:jual to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized or F.xternal
Services calcluated from the date of issuance of the Certificate of
Completion, at tl1e highest prime lending rate charged during the previous year
by the Bank of Nontreal at its main Branch in the City of Toronto, plus o.vo
percent (2%).
(2) In the event that r;:ayment is required to be made under this paragraph by
tile '!'a-Ifl before the issuance of a Certificate of Ccmpletion, no interest shall
lx= added to tl1e cost of Oversized or E>:terna1 Services.
(3) In the event that payment is re:quired to be made under this paragraph by
the Ta'nn before the first anniversa~ of the issuance of the Certificate of
Canpl etion , interest shall be calculated at the highest prime rate charged by
such D?..nk, plus 010 r::ercent (2%) fran the date of the issuance of the
Certificate of Completion to the date of payn1ent. Interest shall be calculated
on a per c1ien basis to the date of payment.
5.28 RES!Q.\lS;mILn:Y OF SOBSEDUENT OmERS
~en after the issuance of a Certificate of Release the registered Ot1ner of
each lot or block \IJithin the Plan shall have the sole responsibi1ily for the
fo110/ling:
-22-
<< "
(1) The registered OImer shall be responsible for providing and maintaining
adequate drainage of surface \'1aters fran such lot or block in accordance
",i th the approved lot grading and drainage plans referred to in Paragraph
5.6 herin.
(2) The registered eMoors of lots forty-three (43) to forty-nine (49)
inclusive, as sham on plan of subdivision 18T-81015 as awrovec1 by the
Rf.:!giona1 Hunicip::-uity of Durham, shall be re[:ponsib1e for the maintenance
of fencing required pursuant to paragraph seven (7) on Schedule 'G' to
this agreanent:.
IN WY~JESS f*IEP~F the parties hereto have hereunto set their hands and seal
the day and year first above written and the parties hereto have hereunto
affi>:ec1 their corfOrate seals by the hands of their proper officers duly
authorized in that behalf.
~
::. ~,:m DELIVEmD i WE ~rn ==
. .,.0/21 ..... .. ~ GmERAL MANAGER'
)
)
) THE OORR) ION OF THE 'lO'm OF 1'1El'1O\STLE
)
)
)
)
)
)
)
)
-23-
iIf .. ...
'lEIS SOIEDULE IS SOIEDULE "A" to the Agreement which has been authorized and
approved ~j By-lav No. V'f-9' of the Corp:>ration of the TO\.m of N~lcastle,
enacted and passed the 1>-."3 M I f' if '
LEGAL DES.o?J:P-rlOlLO.LS1\IlL.L8tm
In the ~m of Ne.lcastle, in the Regional r1unicipality of Durham, fonnerly
in the Toimship of Darlington in the Cotmty of Durham and being canI.X>sed of
part of Lot 34 in Concession II of the Geographic Ta-mship of Darlington
designated' as PARTS 1 and 2 on Reference Plan 10R-1875, derx:>sited in the Land
Registry Office for the Land Titles Division of Ne.'lcastle, at B~;'ffianville.
Subject to a Right-of-Hay described in Instrument N34754 in favour of The
Hydro-Electric P~'ler Corrrnission of Ontario, over that part of said Lot 34 in
Concession II designated as Part 2 on said Plan 10R-1875,
and being the \'lhole of Parcel 34-1 in the Register for Section Con.-2
Darlington.
IN ~'lI'INESS WHEROOF the parties hereto have heretmto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their coqx:>rate seals b\j the hands of their pro~r officers duly
authorized in that behalf. --~
SIGNED, SEIILED l\ND DELI'IIffiED i 'lllE ~~
)
) GE:N~Al MANAG~
)
)
)
i~~1LE
r ~.C%-.
) CLEPJ<
)
)
\:.. DARLINGTON 2 - 34 - 6
now
2
the
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, I REofaE tHIS' 'PlAN TO 8E
IOEPOSITEO lNOER THE'.' lAND
T1TUt ACT
RECEIVED
/IH)
DER)$ITED
PLAN
OF
SURVEY
OF PART
TOWNSHIP
OF
OF
LOT 34, CONCESSION
DARLINGTO~ ,
.
In
ALLt)\&JANCE
B'=~'-V-t:'N'
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Ct)NCESS J l)NS
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DAn: Jt.'.!''i.~,!'!...~,e_~Jj~;l_
REGIONAL
SCALE
MUNICIPALITY CF DURHAM
I: 1250, C,F FLEtSCH~ANN, O,L.S.,
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APPROVED _ _ ~ _ _.._ _ _ _ _ _
'.
TOWN
OF
NEWCASTLE
~bk~~
, SilHUTUR E
1983.
PARTS land 2 - ALL Of PARCEL
34 -I.J. SECTION CONCESSION 2.
DARUNGTON
PART' - SUBJECT TO EASEMENT
IN.INSr, N2 N 34754
r,',.
~
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25
50
7'5m
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SLRVEYS
CAUTION: THIS PLAN IS N>T A PLAN Of SUBDIVISION
WITHIN THE MEANING OF THE PLANNING ACT,
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METR Ie: DtSJ'NCES SHOWN ON THIS PLAN ARE .. METRES
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SURVEYORJS \
CERTIFICATE
I CERT IFY THAT} .
I. nns SuRVEY aNe fl'LAN ARE CORRECT AND' IN ACCOAOANCE WITH
ue SURVE'tS./CI /IHO 1lE lANO TITLES ACT AfoI) THE REGULATIONS
.MAOETHEAEuNottlt .
2. THE SUR'vEY WAS CQMlt.ETEO ~ THE 20 th DAY Of SEPTEM8ER. 1983
NOTE:
",~-4
. "'"~
;
BEARINGS ARE ASTRCHCMC AND ARE REFERRED 10 THE 'N8!'J'>4~ t
OF A NORTH LIMIT .<FTHE KING'S HIGHWAY Nil 2 ,AS ~ :::..
PLAN lOR - 1384. TOWN Of NEWCASrLE. REGIONAL ~C"t..l'J'Y
OF DURHAM, . 1
STANDARD IRON BARS, SHOWN THUS
16 mm . sq. lR()>.j BARS . 60 em LONG, SHONN HillS
20 mtn D6A fO.JNO 1\10:4 BARS . EiO em LONG. SHOVtN 1K.lS
~UMENTA nON R)UND
MQNUMENTATOtI FLAmED
D Ii F DENOTES OONEVAN Ii FLEISCHMANN CO, LTD.
~~~:!~.!-
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0A'f(
C f FLEISCHMANN
ONTARIO LAND SURVEYOR
SIB
18
18 {I.l
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~AN
~ ONTARIO
~ It ()NTA81O ST.
} (.)$HAWA, UG '4Y6
'12$- 4195. 683...'~?O1
J,();.: . Q1t<O. BY: G.Cif
8
FLEISCHMANN CO. 'LTD.
LANO SURVEYORS
SHERIDAN MALL t
PtCKERlHG, L1V ee
839 - 8693
SCALE - I : 1250
JOB N2 \-49588
. . ~
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~ .
. , .
'!HIS SOIEDULE IS SOIEDULE "B" to the Agreement which has been authorized and
awroved by By-law 1<<>.8'!c1'Of'i!t Cor[X>.!'-9tioo of the fum of N",ca&tle,
enacted and passed the ~ ( 1'D'f
OF SUBDIVISION
Schedule 'B' consists of the fOllCMing:
the draft plan of subdivision 16T-81015 r:art lot 34, Concession 2,
Ta"ffi of Ne.'lcastle (Darlington)
final plan prior to registration of phases
IN WI'ThlESS t.mEREOF 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 coq:orate se~~s by the hands of their proper officers duly
authorized in that behalf.
----------
ED AND DEI.IVEPJID
! ~IlE ~IINI(ll BAN. K
)~\ ----
) GENERAL MANAGER
)
)
)
)
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)
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)
RATION OF THE ;rtl'm OF NEl'JCAS'ILE
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PLAN
OF PART
TOWNSH I P
TOWN
REGIONAL MUNICIPALITY OF DURHAM
SCALE I : 500. C. F: FLEISCHMANN 0.L.S.,1984
OF'
OF LOT 34, CONCESSION
OF DARLINGTON,
OF
SUBDIVISION
2
now in the
NEWCASTLE
PLAN
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I~V'IW'~:>;,'; .,._~-
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10m 5 0
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10
I
20
I
10m
I
I CERTIFY THAT THIS PLAN 10M- IS REGtSTERED
IN THE LAND REGISTRY OFner-FoR-tit[ LAND TITl.,ES
DIVISION OF NEWCASTIZ (HilIO) AT _ __ __O'CLOCK ON
THE_ _ _.DAY OF _ _ _ _ _ _ _' 198_ _' AND ENTERED
IN THE REGISTER FOR PARCEL________ __,
SECTION _ _ _ _ _ _ __' AND REQUIRED CONSENTS AND
AFFIDAVITS ARE REGISTERED AS PLAN DOCUMENT Ni
METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED FEET BY DIVIDING BY 0.3048
f
NOTE
THIS PLAN COMPRISES PART OF PARCEL 34-1
SECTION CONCESSION 2, DARLINGTON.
LA N D REGISTRAR
APPROVED
EXAMINER OF SURVEYS
RO/~ I)
(NASH
I~LLOWANCE
10
I~ CAD )
BETWEE r~
CONCESSiONS
2
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SURVEYOR'S
CERTIFICATE
OWNERS' CERTIFICATE
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(1006)
I CE RT! FY THAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE LAND TITLES ACT AND
THE REGULATIONS MADE THEREUNDER.
THIS IS TO CERTIFY THAT
I. LOTS I TO 13, 80TH INCLUSIVE I AND THE STREET WIDENING
NAMELY BLOCK 14, HAVE BEEN LAID OUT IN ACCORDANCE
WITH OUR INSTRUCTIONS.
2. BLOCK 14 IS HEREBY DEDICATED AS A PUBLIC HIGHWAY.
SI8
(MTe)
THE TORONTO - DOMINION BANK
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2. THE SURVEY WAS COMPLETED ON THE_ LtILDAY OF _A"yGJ.l~, 1984.
NOVEMBER 16, 1984
DATE
~\.oL.~~"
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
DATED THE 1t(-tK.DAy OF f\IDVf;Mt2t, 198+,
-,
STANDARD IRON BARS SHOWN THUS
16 mm sq. IRON 8ARS, 60cm LONG, SHOWN THUS
MONUMENTATION FOUND
STANDARD 'RON BARS PLANTED SHOWN THUS
IRON BARS PLANTED SHOWN THUS
SIB
IB
.
-olII
--0--
APPROVED UNDER BY-LAW 184/80 AS AMENDED, PASSED
PURSUANT TO ONTARIO REGULATIONS 890/80 AND
891/80 MADE UNDER THE PLANNING ACT R.S.O. 1980, ON
THE DAY OF ,19_.
IN WITNESS WHEREOF THE CORPORATION OF THE REGIONAL
MUNICIPALITY OF DURHAM HAS HEREUNTO AFFIXED ITS
SEAL PROPERLY ATTESTED THIS DAY OF
19
'"aIOR VICE-PRESIOENT
SEAL
NOTE
BEARINGS ARE ASTRONOMIC AND A~E REFERRED TO THE N 73017'40.E
OF THE ROAD ALLOWANCE BETWEEN CONCESSIONS 2 AND 3 AS SHOWN
ON PLAN 10 R -1875, TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY
OF DURHAM.
REGIONAL CHAIRMAN 4
OONEVAN
ONTARIO
II ONTARIO ST.
OSHAWA I LIG 4Y6
725-4795, 683.3701
a
FLEISCHMANN co. LTD.
LAND SURVEYORS
SHERIDAN MALL
PICKERING, L1V I B 8
839-8693
COMMISSIONER OF PLANNING
REGIONAL CLERK
DRAWN. BY: WF.C. CHKD. BY: G.C.F.
SCALE I: 500
JOB Nil I-49'S F
, ,
-25-
'IHIS SCHEDULE IS SClIEDULE "C" to the Agreanent \'lhich has been authorized and
awroved by By-law No. Vt/.qf&, of the Corrx>ratj.on of the Ta.m of Net.vcastle,
enacted and passed the ~'S--I ~ I if gc,t
CH, . ArnST SAJD. LANOO
\
(1) f1UNICIPAL 'I7\XES payment du.e on e:{ecution of this
Agreanent
( 2) IDCAL TI<IPROJEr.1FNI' OIAffiFS (NIL)
(3) DRAINlGE ClIAOOES (NIL)
IN tiI'lNESS NHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and tl1e parties hereto have hereunto
affixed their corp:>rate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
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~
'IHE 'roRrn'IO-OOI>1INION BANK
'1ft--
....---'V"---
GC-IERAL MANAGER
"o~ .~
CLERK
'0
-26-
'IBIS SOIEOULE IS SOIEOULE "0" to the Agreanent \'1hich has been authorized and
awrovecl by By-la'l No.Bif.qC, of the Coq:oration of the T~m of Nevlcastle,
enacted and passed the ~ "3--.....1 ~ ('! 8V
OEVELOmENT (BARGES
'!he Chmer shall pay to the T~m developnent charges in the amount of
$77,775.00 (calculated at the rate of $915.00 for each clvlelling unit) \-lhich
shall be paid as foll~ls:
15% ($11,895.00) of the aforesaid sum upon the eicecution of this
agreement;
28% ($21,960.00) of the aforesaid sum prior to the issuance of the
building permit for the fourteenth Cl4th) dwelling unit to be
constructed;
28% ($21,960.00) of the aforesaid sum prior to the issuance of the
building permit for the thirty-eighth (38th) a-lelling unit to be
constructed ;,
the ranainder of'the aforesaid sum ($21,960.00) prior to the issuance
of the building permit for the siitty-seconc1 (62m3) d\-lelling unit to be
constructed.
For the r:uq:oses of this Schedule and the Agreanent, developnent charges
actually paid to the TcMn shall be awlied 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 developnent charges shall be first
applied in full satisfaction of the develolILlent charges owing on the lots or
blocks in respect of \'Jhich the building permits have been issued and the
balance of any developnent charges actually paid to the fuom (if any) shall be
applied on a pro-rata basis against all lots or blocks within the Plan upon
\'lhich it is contenplated by this Agrean;ent that residences shall be built but
for which no building permit has been issued.
For the purp:>ses of this Schedule and the Agreanent, the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block within the Plan whether issued to the Q.mer or any
other person.
The TCMl1 shall annually revie:w its schedule of Developnent Qlarges and it may
adj ust the amount of its Developnent Olarges in accordance \'1i th the increase
of capital cost as may be awropriate using the Southam Construction lndeic for
calculating such adjustments.
"'-,
-27-
'Ihe Q.mer hereby acknO\lllec1ges and agrees that should building permits not be
issued in respect of any stage or phase of the subject plan within blO (2)
years fran the date of registration of the stage or phase of the Plan, that
this Schedule "D" Dcvelop-.1ent Charges, shall be subject to adjustment in
acccordance wi th the schedule of Developuent Charges in effect at that time.
IN ~'lITNESS ~'mERIDF the parties hereto have heretmto set their hands and seals
tl1C day and year first above written and the parties hereto have hereunto
affb{ed their corrx>rate seals by the hands of their proper officers duly
authorized in that behalf. ' ___
SIGNED,
SEALED AND DELIVERED ) 'IlIE 'IDRCN'ID-rormJIOH BANI<
~ ~ I f\L __~
) (
) GnlERAL MANAGER
)
)
)
)
)
)
)
)
)
)
)
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..... . .~..
HAY.3t/ ~
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a..EPJC
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'nUS SQ-mmJLE IS SGIEDULE "E" to the Agreement ullich has been authorized and
approved by By-la'] HO.. Bc(4' of the Corr-or~9-on of the Ta.'ll1 of Hei'lC<:"lstle,
enacted and passed the ~ ~ M ('1 gy
GflJ\NTS OF EASEIIEN'IS '10 BE DEDICATED
'Ihe O.-mer shall deliver to t.l1e T~'m in a fonn satisfactory to the Tam, the
folIa/ling easements:
(a) First Phase of I);;velopllent, Plan lON-
: not awlicable
(b) ArW easanents required for utili ties, drainage, or other purI?Oses in
respect of am] lot or block witl1in future Phases of develolJment within
the said lands as sha-m on draft plan of subclivision lST-B1015 (Schedule
IBI) approved by the Regional r.1tU1icipa.libj of Durham. The TeAm shall not
unreasonably request such further eas0'1ents, and in no event shall a
further easement be requested vThich \\lould prevent the erection of a
d'Telling on such lot or block.
IN HI'l'NESS \'nIEPIDro: the parties hereto have hereunto set their rlClncls and seals
the day and year first above written and the parties hereto have hereunto
affixed their coqx>rate seals by the hands of their proper officers duly
authorized in that behalf.
o.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
---....
~HE \'!Dia
SIGNED, SEALED AND DELIVEP.ED
r;;-mtiRAL MANAGER
NAYOR
~.~,
Q.,EPJ(
~
. }
-29-
'!HIS SCHEDULE IS SCHEDULE "F" to the Agreanent which has been authorized and
awroved by By-lCl\ol No. ~v-q(. of the Corporation of the ~m of Na~castle,
enacted and passed the ~~ n I 1 tv
LANDS AND/OR CASH 'ID BE DEDICATED
(1) DEDICATION OF LANrS
'!he CMner . shall deliver to the ~m in a form satisfactory to the TCMn, deeds
to the following land:
(a) Block 14 (for road \olidening purposes) as sham on the attached Plan
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(b) Block 91- for roadwidening purposes; Block 89 - for a plblic ,.,alkway;
Block 93 - for a 0.3 metre reserve - all of which are within the limits
of said lands as shown on the draft ploan of subdivision leI'-8l0lS,
awroved by '!he Regional Hunicipality of Durham on January 27th, 1983.
Such dedications shall be delivered at such time as each res;pective block
is incorporated wi thin future phases of developnent of the said lands and
prior to the issuance of authorization to commence works for that
particular phase. Furthemore, Blocks89~ - plblic \"alkway and 93- 0.3
metres reserve shall be dedicated at such time as the road allowance
abutting said block is included wi thin a future phase of developnent for
\>lhich an authorization to ccmnence works is requested by the CMner for
that particular phase, but not later than the registration of the plan.
(2) CASH m LIEU OF LANDS
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'!he owner agrees to convey lands for park purposes, being Block fJ7, as shown
on draft plan of subdivision l8T-8l0lS (Schedule · B'), approved by the
Regional ~1unicipality of Durham. :E\1rthermore, the Ckmer 'agrees the conveyance
of the lands for park purposes, being Block fJ7 on said plan of subdivision
1ST-8l0lS, shall be conveyed at such time as the road allowance abutting said
Block is included within a future phase of developnent, for \'lhich an
authorization to commence works is requested by the o'mer. The conveyance
shall be made prior to the issuance of such authorization to commence works
for that particular phase but not later than the registration of the plan.
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IN WrnilESS t'EEREDF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf. _____
SIGNED, SEALED AND DELIVERED )
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GENERAl MAMAGER
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'!HIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and
awrovec1 by By-Ia\rl t.lo. ~y- q ~ of the Corr:.oration of the TcMn of Nelcastle,
enacted and passed the ~"'?l ~ M f rr Jc(
WORKS REDUIRED
1. S'lmm Sao1ER SYSTEH
'!he CMner shall construct, install, supervise and maintain a storm
drainage system, satisfactory to the TcMn, for the removal of upstream
storm water and storm water originating within the said lands, including
stonn saler mains, manholes, service connections, catchbasins and leads,
open channels, storm outfalls and any other appurtenances as may be
required in accordance with the 'I'a-m of Nalcastle"s Design Criteria and
Standard Drawings.
'!he CMner agrees to produce Engineering DrCl\olings for the storm drainage
system, to the satisfaction of the Director of Public Works.
The Qmer agrees to obtain any easements required external to the said
lands, at no e)q?ense to the l1unicipality for the disposal of storm \-later
fran the said lands.
2 . ROAll'lAYS
'!he <Mner shall construct and install the follcMing services on the
various streets, sha.m on the Plan as fol1CMs:-
(a) pavement \'lidths as proposed.
(b) the grading and paving of all streets, inCluding the installation of
Granular "A" and Granular liB" material to provide a proper base for
paving, shall be as per the Tam of Newcastle Design Cri teria and Standard
Dra\-lings;
(c) the Qmer shall construct curbs and gutters on both sides of all streets,
as pel; the tam of Newcastle"s Design Criteria and Standard Drawings" as
proposed.
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(d) the <Mner shall construct, install and maintain canplete side\7alks in
accordance wi th the Tam of Newcastle" s Design Cd teria and Standard
Dra\\7!ngs, as proposed.
(e) the Qmer agrees to the grading and paving of all drivalays between the
curbs and sidelalks, in accordance with the Ta.m of Na\7castle "s Design
Criteria and Standard DrCl\olings. In areas where there are no side\7alks,
driveways will be paved to the property line. for the purposes of this
subsection p;lving shall include interlocking brick installed in accordance
wi th plans and specifications to be approved by the Director.
(f) The Qmer agrees to construct, install and maintain Street Lighting, in
accordance wi th the TcMn" s specifications, on all streets and \vcUk\o,1ays, to
the satisfaction of the Director of Public Works.
(9) '!he (Mner agrees to the topsoiling and sodding of the boulevards between
the curbs and the property line, as according to the Tavn of Na~castle"s
Design Criteria and to the satisfaction of the Director of Public lvorks.
(h) 'lbe CMner agrees to supply, install and maintain traffic signs and
permanent street-name signs, in accordance with the Tam" s Design Cd teria
and Standard Drawings and to the satisfaction of the Director of Public
Works.
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(i)
'llie O..mer shall provide, plant and maintan, under the supervision of a
qualified nurser}l'ffi::ln or horticulturist (and guarantee for one year fran
date of planting) one tree on each lot, as per the Landscaping Plan and in
accordance witl1 the Ta'll1 of Nev1castle's Design Criteria ~1d as approved b\]
the Director of Public \'Jorks. Tree species to be to the satisifaction of
the Director, and 2 to 2.5 metres in height and 3 an. in cD.liper, staked
and bagged as necessary.
3.
PEDESTRIAN \'JALI~>ilWS
The ~mer agrees to construct, install and maintain pedestrian \valla'7aY(s)
to the satisfaction of the Director, in accordance \'1i th the Ta..]l1 of
N~lcastle's design criteria and standard drmqings.
<1. TEHPORA..qy TURNING CIRa.m:
(a) Phase One : not apt)licable
(b) The Ckmer shall provide and grant to the TOI.m aITj tEmp:>rary
easement(s) as are required by the Ta,m's standard dr~~ings, afnd
construct and maintain such turning circles in accordance "lith the To..m's
design criteria ffi1d standard drawings.
5. OlJSERVATION vlORI\S
In addition to the \vork requi red by the Schedule "Q", the <hmer shall
construct, install and maintain certain conservation Horks ",i thin this
Plan, such as retc'1ining \'lalls, draiIi.age channels and \'latercourse
channelization \lorks, inclucbg all appurtenant fences and all other
apparatus, in accor&"1nce \,1ith tIle Engineering Dra\'lings awroved by the
Director of Public \<Jorks.
6. LOr GRADING
'llie ~mer agrees to rough-grade all blocks and parks, according to the
Tree Preservation Plan ill1d the Lot Grading Plan, to the satisfaction of
the Director of Public 1,Jorks and in the case of parks, to the satisfaction
of t11e Director of Community Services.
7. m'lcnx;
The ~mer agrees that at such time lots forty-three (43) to forty-nine
(49) inclusive, as sham on the draft plan of subdivision l8T-8l0l5, as
awroved by the negional Ilunicipality of Durham, are incorr::orated 'dit11in
future phases of development of the said lands, to install f8lcing, at the
o.mer's e::'pense, along the; rear of said lots in accordance ~:lit11 plans and
sf)2cifications to be awroved by t11e Director of Public I'Jorks and the
Director of Planning.
TIl WITNESS t'JIIEP..IDF the r:;arties heret.n1to have set their hands and seals the day
and year first aabove vlri tten and the parties hereto have hereunto affh:ed
their corlnrate seals by tl1e hands of their proper officers duly authorized in
that behalf.
SIGNED, SEl\LED AND DELIVEHED
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fni1iFRAL MANAOli"Jt
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'nUS SGIEDULE IS SGlEDULE "H" to the Agreement \'lhich has been authorized and
ar:proved by By-la\'l No.8t(- q 10 of ~e oCorp:>ration of the T~m of Ne-lcastle,
enacted and passed the ~~ ~ (1'~y
UTILITIES REDUIRED
1. ELOCl'RICAL &JPPL1: SYSTEM
The CX~r shall arrange with the ar:propriate authority having jurisdiction for
the design, provision and installation of an electrical supply system to serve
the lands, in the locations as ar:provec1 by the Director. All electrical
services are to be installed underground. .
The C\omer shall also make any necessary arrangements with any T.V. Cable
Canpa~ in order that the installation of a~ sLlch system shall take place so
far as };X>ssible contemrx>raneously \'lith the installation of other services so
as to cause minimum disruption of municipal services.
2. smEEl' LIGHTING SYS~l
The Owner shall arrange with the ar:propriate authority having jurisdiction for
the design, provision and installation of a canplete street lighting system to
serve the said Lands on behalf of the To,Y'n in \...hooo a;mership the systen shall
vest upon acceptance of the \"lorks including all appurtenant apparatus and
equipnent, in the locations as awroved by the Director. The CXmer shall
furnish written evidence satisfactory to the Director that such arrangements
have been made prior to the issuance of any Authorization to Commence VJorks.
3. TELEFHCNE SYSTEf.1
The CXmer shall arrange \'lith Community Telephone Limited and/or Bell Canada
for the design, provision and installat~on of a telephone systan to serve the
said Lands, asawroved by the Director. All telephone services are to be
installed underground.
4. CABLE TELE.VIS ION
The CMner shall arrange \'lith the Cable Television Canpa~ having authority to
provide its services wi thin the area of the Plan of Subdivision for the
design, provision and installation of a canplete cable television distribution
systan to serve the said lands. All cable television services are to be
installed underground.
IN WITNESS t\1HEREOF the farties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affi'~ed their corp:>rate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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~mAL MANAGER
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TIUS SGIEDULE IS SQIEDULE "I"
ar:proved by By-la\fl No.8C/-9'c:'of
enacted and passed the ~~
to the Agreenent ",hich has been authorized and
e Coq:oration of the T~m of Na'lcastle,
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1. DES IGN NORKS AND PRIVATE WORKS
'lhe (hmer's Engineers shall prepare the folla"ing for the approval of the
Director:
(a) the Engineering Dra\'lings:
(b) the Grading and Drainage Plan:
(c) the Landscaping' Plan:
(d) the Schedule of ~'lork:
(e) the staging Plan;
(f) the '{t'lorks Cost Estimate; and
(g) the Stage Cost Estimate.
'lhe approval of ti1e Director shall not absolve the (hmer or the Q'lner's
Engineer of the responsibility for any errors of anissions in the above
dra\,lings, plans or documents.
2. REPHESENT o;'7NER AND OBTAIN APPRO'ilALS
'!he OJmer's Engineer shall act as the (kmer's representative in all matters
pertaining to the construction and installation of the vJorks and shall
co-operate \'/i'l:.h the TO'.m to obtain the necessary approvals for construction
and installation.
3. PROVIDE RES !DENT SUPERVIS ION
~1e (kmer'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 vlorks and the Private l'lorks cmc1 to
perform the foll(J.'ling:
(a) provide field layout including the provision of line and grade to the
contractors and, \.,here required, restaking: and
(b) inspect the construction and installation to ensure that all \'lork is
being perforrned in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing of materials and
equipnent installed or proposed to be installed at the r(XJuest 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
requi ranents of the Di rector; 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 canpletion of the construction
and installation, required to modify the Engineering Dra\-lings to produce
the As-constructed drawings.
4. NAnJTAIN RECDRDS
'!be Ckmer' s Engineer shall maintain all records pertaining to the construction
and installation.
5. PRO\7IDE PRCGREES P~RTS
'!be Ckmer' s Engineer, shall provide the Director ",ith reports on the progress
of the construction and installation on a monthly basis, or at such other
interval as awrovec1 by the Director.
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6. PREPARE AS a:NS'IRUCI'ED I DRAl'l!NGS
'!he o.mer' s Engineer shall prepare the As-constructed Drawings for the
ar:proval of the Di rector.
n~ HITNESS m-IEREDF the parties hereto have hereunto set thei r hands and seals
the day ~1d year first above written and the parties hereto have hereunto
affixed their corporate seals qy the hands of their proper officers duly
authorized in that behalf. ~
SrGNIlD, SElILED l\ND OE!.IVERED l mE 'lOBlll'lp-gxllillUCN BlINK
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'IBIS SOIEDULE IS SOIEDULE "J" to the Agreenent \"hich has been authorized and
awroved by By-lCl\oJ no.I<f'-9fOof tl1e('\.CorjOration 9f the ~'m of N~']castle,
enacted and passed this ;;>.. ~ ~ (q ~'f
OOST ESTIHATES
CAgI CarmIBUTIrnB:
Phase 1
I: PART A - INITIAL m'l'GE
i) Honies to be reimbursed as paid pursuant to the Schleiss and Holland
Subdivision Agreanent on behalf of '1he Toronto-Dominion Bank -
pertaining to the construction and installation of vlorks - nash Road
A) Storm Se.1ers and Road.............. $81,056.35
B) Engineering and Contingencies.. .5%.. 4,052.81
'I()"1...AL : PART A
$85,109.16
II: PART B - .fINAL STPGE.
i) l'lonies to be paid pursuant to Sch1eiss and Holland agreement by The
Toronto-Dominion Bank - pertaining to construction and installation of
\vorks - Nash Road
Site preparation .................. $ 1,000.00
A) Top course of asphalt and
curb and gutter.................... 16,046.72
B) Sida'lalk - south side of
!~ash P~d .......................... 7,500.00
C) Boulevard - final grading,
topsoi1ling and sodding ............. 4,000.00
D)
Engineering and
Contingencies - 15-75
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4,282.00
$32,828.72
'IOT1\L: PART B
III: PART C -
i) Honies to be paid (50%) contribution) pursuant to the reconstruction of
Nash Road; being the most \rlester1y 30 metres abutting the subject lands.
$ 7,110.00
'IOTA!. C1\SH mN'mmUTION
Parts A, Band C
$125,047.88
-36-
rlhe Performance Guarantee has been based on Prelir.1inary Estimates only, and
when the final Engineering Drai'lings have been approved by the Director of
Public I'Jorks, a revised Cost Estimate of the Works, Engineering and
Contingencies shall be prepared by the ();mer" s Engineer and sul:rJi ttecl to the
Director of Public I'lorks for his approval. This revised Cost Estlinate shall
be used as a basis to adjust the Performance Guarantee, if the Estimate
increases or decreases.
nl ~'lrI'UI:SS \'JHEROOF the parties hereto have hereunto set their lk1.11OO and seals
the day and year first above \lri tten and the parties hereto have hereunto
affixed their coq:orate seals b.l the hands of their proper officers duly
authorized in that behalf. ..--......
SIGNED, SEALED .AND DELIVEPID )
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GENERAL MANAGER'
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-37-
'!HIS SOIEDULE IS SOIEDULE "K" to the Agreanent which has been authorized and
awroved by By-law No. 8v-9fo of the Corp:>ration of the TCMtl of Newcastle,
enacted and passed this ;>...~ M 1181
INSURANCE IDLICIES REDUIREV
1. TYPES OF CXJV'ER1(;E RFDUIRED
'!he a.'mer shall. obtain and maintain insurance of the character corrmonly
referred to as public liability and property damage \dth an insurance canpany
ar:proved by the rlunicpal Treasurer and duly authorized by l~t\ol to underwri te
such insurance. Such policy or policies of insurance shall indemnify the Ta-m
against all damages or claims for damages for:
(a) any loss or damage that shall or may happen to any of the Horks 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 equipnent or any other things used to construct or install any
of the ~vorks or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any };erson 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
\llaters on or fran the said Lands; and
(f) any loss or damage that shall or may result fran the disposal of effluent
from any se.'1age disposal \-lorks; and
(g) any loss or damage that shall or may happen to any public road or to any
other property of the Ta-m or to the property of any other person either
directly or indirectly by reason of the o.mer undertaking the developnent
of the said Lands together with any or all of the tvorks and Utilities
pertaining thereto.
2. MDUN'IE OF ~E RFDUIRED
POlicy or :policies of insurance shall be issued jointly in the names of the "
OWner and the TCMtl and shall provide the following minimum coverages:
(a) $1,000,000.00 for loss or damage reSulting fran bodily injury to, or
death of any one person; and
(b).. $2,000,000.00 for loss or damage resulting fran bodily injury to, or
death of, 010 or more ]?ersons arising out of the same accident; and
(d $1,000,000.00 for any one occurrence of property damage.
The issuance of such policy or policies of insurance shall not be construed to
relieve the o..mer fran resrx>nsibility for other or larger claims for \llhich it
may be held resp:msible.
3. EKENPrIa~ OF ~E PRCEmlTED
'!be policy or rx>licies of insurance shall contain no coverage exanptions or
lirni tations for:
(a) any shoring, tmderpinning, raising or demolition of any building or
structure; or
(b) any pile driving or caisson work; or
-38-
(c) any collapse or subsidence of any building, structure or land from any
cause; or
(d) any storage, handling or use of e},,'Plosives.'
IN NI'lNESS ir1HEREOF the parties hereto have hereunto set their hands and seals
the day and year first above \Vri tten and the parties hereto have hereL111to
affi:{ed their corporate seals by the hands of their proper officers duly
authorized in that behalf. ~
SIGNEO, SEALED lINn DELIVERED l 1llE ~Ul'!IOO !ll\Nl<
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GENERAL MANAGER
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-39-
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'IBIS SOIEDULE IS SOIEDULE tlLtl to the Agreement \'lhich has been authorized and
awroved by By-la\'l No. IV-Hof the CorPJration of the T<Mn of NE!\'lcastle,
enacted anclpassed this ~3...-.A...., ~ it:{ g,,1
REGULATIONS FOR mNS'lRucrIQN
1. RIDUIPJ;;l'~~1lLroUl~
'lhe CAmer shall, prior to cOl1U':1encing any blasting, obtain fran the Director,
permission to carry out the blasting operation.
2. REI"DVAL OF 'IDP SOn.
'!he CAmer shall not remove any top soil fran the said Lands e>:cept for
construction purposes and such top soil must remain within the limits of the
said Lands, unless othenlise permitted by the Director.
3. rxJr-iPING OF FILL OR DEBRIS
'lhe Qmer agrees to neither dump, or permit to be dl'Uuped, any fill or debris
on, nor to rEmove, or permit to be removed any fill fran any lanc1s to be
dedicated to the To;m other than the roads \'lithin the limits of the said
Lands, without the written consent of the Director.
4. DISR)SAL OF c.n'J8'lRucrIal GAPJ31GE
All construction garbage and debris fran the said Lands must be disposed of in
an orderly and sanitary fashion in a dumping. area off the said Lands provided
by the, Q.mer and approved by the Director. 'lbe Tam shall not be responsible
for the removal or disposal of garbage and debris. The Q.mer agrees to
deliver a co~ of tillS clause to each and every builder obtaining a building
permi t for any part of the said Lands.
5. QUALITATIVE AND OUANTITIVE TES'IS
'!he O:mer agrees that the Tam may have Cjuali tative or Cjuantative tests made
of c:my rr.aterials or equipnent installed or proposed to be installed. 'lbe
costs of such tests shall be paid by the Q.mer.
6. llIAINTENANCE. a.OOING A'ND USE OF EXTERNATJ roArS
'lbe Qmer shall, at all times during the life of this Agreement ensure that
all p..lblic roads abutting the said Lands and all public roads used for access
to the said Lands, during aITj construction on the said Lands shall be
maintained in a concli tion equal to that nCM e}dsting and to the approval of
the Director. 'Ihe Q.mer shall maintain, at all times, all such roads free of
dust and mud originating fran the lands during the course of construction. If
damaged, the Domer agrees to restore inmediately, and at its o.-m expense, such
road to a conc1i tion equal to that e}dsting at the time of such &1lTIage 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 tl1e authority
having jurisdiction over such public road allo;'lance. '!he Domer agrees not to
use or occuPl any untravelled portion of any public road allo;'lance vlithout the
prior written approval of the authority having jurisdiction over such p..lblic
rood allCMance.
7. NAINTENANCE OF INTERNAL roArS
'lbe Ckmer shall, prior to the placement of the final surface treatment on any
road required to be constructed under this Agreanent, ranove any contarnination
of the base course and repair and replace such base course, \'There necessary,
to the approval of the Director, in order that the construction of such road
shall not have suffered du.e to any use of the base course as a temporary road.
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8. t....1p.m ~ RAT (D'l'lROL
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After the corrrnencement of construction the Ckmer shall institute u};On the
Lm1ds a program of weed and rat control to the satisfaction of the Director.
IN lIITNESS l'mERIDF the p~l.rties hereto have hereunto set their hands and seals
the day and year first above written and. the parties hereto have hereunto
affh:ed their corr:orate seals by the hands of their proper officers dUly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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TIUS SamDtJLE IS SQIEDULE "II" to the Agreeraent "Thich has been authorized anc1
awroved by Dy-lcnv No. ii'- l.f ~ of the Coq:oration of the Tam of He:lcastle,
enacted and passed this ~:~..-t. }-tc 19~~
USE OF m\ID LANDS
'IHE a-mer agrees that the said lands shall not be used for any purpose other
than as set out in the folla'ling table:
LOT OR BLOQC NorEER
LAUD USE
All Lots and Blocks
In accordance \'Ii th zoning
By-law 84-63 as amended .
IN "t11rn~ESS l'iJHEREOF 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
::.PPRJVliD
'!HE IDROfID-OOrUNICN BANK
U~ER~ MA~;ER
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-42-
'!HIS SOIEDULE IS SGIEDm.,E "N" to the Agreement \'lhich has been authorized and
approved by By-la\'l No. Ylf-'f~ of the Corp:>ration of the TO\-ln of Nalcastle,
enacted and passed this.?-~, h l'ft'l. ,
LANDS UNSUrrABLE FOR BUIT.DIN:;
'!he CMner agrees that no awlication will be made for a Building Permit for
the erection of any structure on any of the said lands listed in the fOllCMing
table, until the conditions listed in the fOllCMing table have been satisfied
to the awroval of the Directors of Planning and Public t'lorks and/or any other
Authorities having jurisdict.ion.
r.m OR BWCI{ rU~'lBEH
camrrICN:> rro BE SATISFIED
All Lots and Blocks
In accordance wi th zoning
By-laol 84-63, as amended
Block 86 -
Plan 18'1'-81015 (Schedule B)
to be developed in conjunction
wi th adjacent lands
IN WITNESS WHERIDF the parties hereto have hereunto set their hands and seals
the day and year first above ,,,ri tten and the parties hereto have hereunto
affixed their cor};X>rate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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!~~F ~E ~m OF NB=E
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GENERAL MANAGER
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'!HIS SCBEOOLE IS SCBEOOLE "0" to the Agreanent which has been authorized and
awroved by By-Law No. N -tt '" of ~~ Corp:>ration of the Town of Newcastle,
enacted and passed this .;t ~ r-7 ('7 g 'f
LANDS RFDumm; SITE PLAN APPRCNAL
'!he o.-rner agrees that no awlication will be made for a Building Pernd t for
the erection of any structure on any of the lands listed in the follarling
table until a si te plan agreement has been entered into wi th the ~m and the
building permit ccmplies in all respect with the terms of the site plan
agreement.
Block 30: Cornnercial - as shCMll on draft plan of subdivision leT-alDIS,
awroved by The Regional ~1unicipality of Durham on January 27, 1983.
IN WI'.INESS ~-mEREDFthe parties hereto have hereunto set their hands and seals
the day and year first above \'lri tten and the rarties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf. ~
SIGNED, SEALED AND DELIVERED
, APPROVED
T. D. .B'~. i.::
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GENERAL MANAGER
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'llIIS SOIEDULE IS SaIEDULE "P" to the Agreanent which has been authorized and
ar:proved by By-law No. ~<f' 9(P of the Corr:oration of the TCMn of Ne'lcastle,
enacted and and passed this ~~ M /9 &V
cm:RSIZED AND/OR EXTERNAL SmvIcrn, AND '!HE REnm~FMENT FOR '!HE
OJERSIZED AND/OR EXTERNAL SERVICES
PHASE I - NOT APPLICABLE
ALL OIHER RIMES '10 BE DETERr,UNED 'IHRCXX;H AtJ'lHORIZATION FOR SUBSEQUENT
PHASES
IN tUTNESS tmEREDF the parties hereto have herelmto set their hands and
seals the day and year first above written and the parties hereto have
herelmto affixed their corporate seals by the hands of their proper
officers duly authorized in that behalf.
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5 JGNED , SEALED AND IJE;LlVERED l 'mE fIDI. 'ID-OOlIDlION BANK
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) GENERAL MANAGER
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TIIIS SQIEDULE IS SamDULE "Q" to the Agreement t-lhich res been authorized
and approved by By-l~j No.~<f-'l(Q of the Corr.::o~a~ion. of the Tam of
Ne'lcastle, er.acted and passed this ;2...~~ l'ltY'
OONSERVATION AU'IHORITY' S ~'JORIffi
1. The a-mer agrees as follCMs:
That the amer shall sul.:rni t a stonm.vater management plan for the si te to
the Central Luke Ontario Conservation Authority for approval. The plan
should address changes in the rate and quality of rx:>st developnent storm
runoff and base flCJ!.'l to the Fare.'lell Creek and shall have regard to the
findings and recommendations of the Courtice Storm l'7ater r'Janagement
Study.
The amer shall obtain the \'lri tten permission of the Central Lake Ontario
Conservation Authority prior to c0ITn1encing any grading, filling or
construction on the site.
The (Xin1er shall carry out the storm \'later nk'1I1agement plan for the si te as
ar:proved by the Central Lake Ontario Conservaton Author! ty.
111 vlI~lESS ~YHEPJDF the parties hereto l1ave hereunto set their hands and
seals the day and year first above written and the parties hereto have
herelmto affi~~ed their coq:orate seals by the hands of their proper
officers duly authorized in that be11O.lf.
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SIGNED, SEALED AND DELIVERED ! ~IE fiJ~ICll :lR
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) GENERAL MANAGER
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'lHIS SOIEDULE IS SOIEDULE "R" to the Agreement 't>lhich has been authorized
and awroved by By-la'l NoJV-q~ of the Corp:>ration of the TO\'m of
Na;castle, enacted and p:issed this ~. ~ I '1 f,1
EllGUJEERING M1D INSPEcrroN FEES FOR DEVELOFt-1ENT
Estimated Costs of Works
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$100,000.00 to $500,000.00
Actual cost of engineering
services and inspection fees
up to a MAXnrnl of $4,000.00
$4,000.00 or 3.5% of the
estimated cost of services -
vlhichever is greater
Up to $100,000.00
$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 -
vlhichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
\vhichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the
estimated cost of services -
\'Jhichever is greater
For the purposes of this Schedule cost estlinates as specified in Schedule
"J" for Hydro Distribution System shall, not be included for the purJ.X>ses
of calculating engineering and inspection fees as contemplated by this
Schedule.
IN.t<1ITNESS tvHEPJnF the p:irties hereto have hereunto set their hands and
seals ti1e 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 behal~
SIGNED, SEl\LID Am DELIVERED ! THE,'1Oi~~_
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} GENERAL MANAOQ
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'!HIS SQIEDUf.,g IS SaIEDULE ~S" to the Agreement which has been authorized
and awroved by By-lU\ll NO.l)\f-q(, of the Corr..oration of the Tam of
Na'lca stl e., enacted and passed this ~?>......L M f 'l;~
I
REGION'S mIDJTIONS OF PlW'-'--RrNl.8P.P.RCN1\L
See Attachment A
IN WI'INESS l'mERIDF 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.
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SIGNED, SEALED AND DELIVERED )
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.GENERAL MANAGER
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CLERK
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DATED
November 30, 1984
BET WEE N:
The Corporation of the Town of
Newcastle
- and -
The Toronto-Dominion Bank
SUBDIVISION AGREEMENT
JONES & JONES
130 King St. E.
Oshawa, Ontario
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