HomeMy WebLinkAbout83-132
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 132
being a By-law to authorize the entering into of a Subdivision
Agreement with the Corporation of the Town of Newcastle and Cean
Investments (Oshawa) Limited.
The Council of the Corporation of the Town of Newcastle hereby enacts
as foll ows:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal with the
Corporation1s seal, a Subdivision Agreement between Cean Investments
(Oshawa) Limited and the said Corporation dated the
day of
, 1983, in the form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of thi s
- by-law.
BY-LAW read a first time this 26th day of September 1983
BY-LAW read a second time this 26th day of September 1983
BY-LAW read a third time and finally passed this
26th
day of
September
1983
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D. W. OAKES, CLERK
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THE LAND TITLES ACT
APPLICATION TO REGISTER NOTICE OF AGREEMENT
( SECTION 74 OF THE LAND TITLES ACT)
TO:
THE LAND REGISTRAR FOR THE LAND TITLES
DIVISION OF NEWCASTLE (No. 10)
CEAN INVESTMENTS (OSHAWA) LIMITED ther~gis.tered owner..of Parcel.
647-21-1 Section Newcastle, in the Regional Municipality of Durham,
hereby applies under Section 74 of The Land Titles Act for the entry of
a Notice of Agreement in the Register for the said Parcel.
DATED at Oshawa this
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day of November, 1983.
CEAN INVESTMENTS (0SHAWA), LIMITED
by its solicitors
CREIGHTON VICTOR ALEXANDER HAYWARD
& MORISON ~
PER: ~ Lit? ~
ROBERT A. ALEXANDER
The: address of the applicant for service is 235 King Street East, Oshawa,
Ontario, LIB 7Ll
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THE LAND TITLES ACT
AFFIDAVIT IN SUPPORT OF APPLICATION FOR
ENTRY OF NOTICE
(Section 74 of The Land Titles Act)
I, ROBERT A. ALEXANDER, of the City of Oshawa, in the Regional
Municipality of Durham, make oath and say as follows:-
I am the Solicitor for Cean Investments (Oshawa) Limited, the
Applicant named in the application for Entry of a Notice of Agreement
under Section 74 of The Land Titles Act.
The particulars of the Applicant's interest in the land are as follows:
As the registered owner of the property and as a Party to the Subdivision
Agreement.
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JEANNETTE PATRICIA PERRY,.
Cc:~,ssioner for taking Affidavlt:J .
JUG,Clal lJislrict of Durham, forQ un
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Victor, Alexander & Hayw_..
Barr~tcrs and Solicitor.
Expirlt$ July 20th. '8M.
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day of November, 1983. )
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SWORN before me at the City of
Oshawa, in the Regional
Municipality of Durham, this
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A Commissioner etc.
I By-law NO_____~}_~_:;__~_J I
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THIS AGREEMENT MADE ; n qui ntupl i cate thi s. 7 n. day of
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. .1 983
BET WEE: N :
THE CORPORATION OF THE TOWN OF NEWCASTLE.
hereinafter called the "MUNICIPALITY"
OF THE FIRST PART
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CEAN INVESTMENTS (OSHAWA) LIMITED.
hereinafter called the "OWNER"
OF THE SECOND PART
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THE TORON'ID-IXMINION BANK ,
hereinafter called the "MORTGAGEE" (if applicable)
OF THE THIRD PART
WITNESSETH THAT WHEREAS the 1 ands affected by thi s Agreement are
described in Schedule "A" hereto and hereinafter called the "lands"
which constitute
hectares;
AND WHEREAS the Owner warrants that it is the registered Owner of the
lands;
AND WHEREAS the Owner has applied to the Ontario Municipal Board.
hereinafter called the "Board" for approval of severance
applications in respect of the lands;
AND WHEREAS in order to comply with the Board's conditions for such
approval. the Owner has consented to enter into this Agreement with
the Municipality;
AND WHEREAS the Owner acknowledges that the lands are presently
served by municipal water and sanitary waste disposals systems;
AND WHEREAS the Owner warrants that each residential building or
structure ,to be erected or altered on the lands shall be connected to
such municipal water and sanitary waste disposal sytems;
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AND WHEREAS the Owner warrants that it has or will enter into an
Agreement with the appropriate Public Utilities Commission or
Authority, or Company, having jurisdiction in the area of the said
lands for the design and installation of any required public
utilities referred to in Schedule "H" and hereinafter called
"utilities";
AND WHEREAS in this Agreement, "Director" means the Oirector of
Public Works, for the Town of Newcastle, or such qualified designate
as may be appointed by the Council of the Municipality to act in his
place;
NOW THEREFORE, ,IN CONSIDERATION of the mutual agreements and
covenants and promises herein contained and other good and valuable
consideration, the Parties hereto agree as follows:
CERTIFICATION OF OWNERSHIP
1. The Owner shall, at the time of execution of this Agreement,
provide the Municipality with a letter signed by an Ontario Solicitor
and addressed to the Municipality, certifying as to the title of the
said lands and setting out the names of all persons having an
interest in the said lands and the nature of their interests.
2. The Owner shall, at the time of execution of this Agreement,
provide the Municipality with a letter signed by an Ontario Solicitor
and addressed to the MuniCipality, certifying as to the title to any
land which is to be conveyed to the Municipality, or over which
easements are to be granted to the Municipality pursuant to the terms
of this Agreement.
COPY OF PLAN
3. The Owner shall, at the time of execution of this Agreement,
provide the Municipality with a mylar copy and as many printed copies
as the Municipality requires, of a registered reference plan
describing the severances for the said lands. The said plan is
attached hereto as Schedule "B" and is hereinafter called the
"Plan".
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PAYMENT OF TAXES
4. The Owner shall, at the time of execution of this Agreement,
pay all municipal taxes outstanding against the said lands, as set
out in Schedul e IICII hereto. The Owner further agrees to pay any
municipal taxes which may become due and payable by it in respect of
any of the lands prior to the sale by the Owners of such lands.
PAYMENT OF LOCAL IMPROVEMENT CHARGES
5. The Owner shall, at the time of execution of this Agreement,
pay all charges with respect to existing local improvements assessed
against the said lands as set out in Schedule IIC" hereto. Such
charges shall include the Municipality's share of any local
improvements which serve the said lands and shall include the
commuted value of such charges falling due after the date of the
execution of the Agreement.
PAYMENT OF DRAINAGE CHARGES
6. The Owner shall, at the time of execution of this Agreement,
pay all drainage charges assessed under the Municipal Drainage Act,
1975, and the Tile Drainage Act, 1971, against the said lands as set
out in Schedule "C" hereto, including the commuted value of such
charges falling due after the execution of this Agreement.
PAYMENT OF DEVELOPMENT CHARGES
7. The Owner shall pay all development levies in the amounts and
at the times set out in Schedule IIn" hereto.
OEOICATIONS
8. (i) The Owner shall, at the time of execution of this Agreement,
or such later date as may be agreed by the Owner and the
Municipality, but not later than the clearance of the conditions of
severance, deliver to the Municipality executed Deeds of Conveyance
sufficient to vest in the Municipality title in fee simple, free and
clear of all liens, charges~ encumbrances and easements, the lands
set out in Schedule IIF" hereto as well as executed transfers of
easements free and clear of all encumbrances as set out in Schedule
"E" hereto.
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8.(ii) If, subsequent to the registration of the plan, but prior to
issuance of a building permit in respect of any lot, further
easements are required for utilities, drainage or other purposes, the
Owners agree to transfer such easements upon reasonable request by
the Municipal ity. In no event shall a further easement be requested
which would prevent the erection of a dwelling on any such lot.
CASH IN LIEU OF LANns
9. The Owner agrees to pay to the Municipality Five Percent (5%)
cash-in-lieu of a parkland dedication, in accordance with Schedule
"F" hereto, prior to clearance of the condition of severance in
respect of the lot or lots for which clearance is being sought.
REGISTRATION OF DEEDS
10. The aforementioned Deeds, paragraph 8, shall be prepared by
the Owner and registered at the Owner's expense at the same time as
the Plan is registered; in such needs, the registered reference plan
number shall be left blank, and the Owner hereby authorizes the
Municipality to insert such Plan Number after registration of the
Plan.
MUNICIPAL WORKS REQUIRED
11. The Owner shall be responsible for the construction and
installation of the services more particularly referred to in
Schedule "G" hereto, hereinafter called the "works". Until the
issuance of a Certificate of Acceptance as hereinafter provided, the
works shall remain the property of the Owner and the Owner shall be
fully responsible for their maintenance. After the issuance of a
Certificate of Acceptance, the works shall vest in and become the
responsibility of the Municipality.
UTILITIES REQUIRED
12. The Owner shall be responsible for entering into an Agreement
with the appropriate Public Utility Commission, or other such
Authority or Company having jurisdiction in the area of the said
lands for the design and installation of the utilities as more
particularly referred to in Schedule "H".
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DESIGN OF WORKS
13. The Owner agrees that the design of all the works shall comply
with the design criteria and standard detail drawings of the
Municipality. In the event of any dispute as to such standards, or
in the event of any dispute as to such design requirements, the
dec is i on of the Oi rector sha 11 be fi na 1 .
APPROVAL OF ENGINEERING DRAWINGS
14. The Owner shall, prior to the issuance of any authorization to
commence works as provided herein, have received the written approval
of the Oirector for all drawings of all of the works hereinafter
called the "engineering drawings".
APPROVAL OF GRADING AND DRAINAGE PLAN
15. The Owner shall, prior to the issuance of any authorization to
commence works as provided herein, have received the written approval
of the Director of a plan, hereinafter called the "grading and
drainage plan" and showing thereon all proposed drainage works for
the said lands.
APPROVAL OF COST ESTIMATE
16. The Owner agrees that, prior to the issuance of any
authorization to commence work as hereinafter provided, the estimated
cost of construction and installation of all of the works,
hereinafter called the "works cost estimate" shall be approved by the
nirector and entered in Schedule "I" hereto.
PERFORMANCE GUARANTEE REQUIRED
17. The Owner agrees that prior to the issuance of any
authorization to commence works in respect of the said lands or part
thereof, to provide the Municipality with a performance guarantee in
the form of an irrevocable letter of credit issued by a chartered
Canadian bank in an amount equal to the works cost estimate, less any
cash amounts and/or costs to be paid in respect of deferred works in
respect of the plan or part thereof, to be covered by the
au:horization to commence works.
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The performance guarantee may be used by the Municipality as set out
in paragraph 18 of this Agreement, in the event that the Owner fails
to satisfactorily meet the requirements of this Agreement in respect
of the provision of the specified works and facilities. All
submissions made under this paragraph shall be approved by the
Treasurer of the Municipality.
USE OF PERFORMANCE GUARANTEE
18. The Owner agrees that the Municipality may, at any time, by
Resolution of the Municipal Council, authorize the use of all or part
of the performance guarantee if the Owner fails to pay any costs
payable by the Owner to the Municipality under the terms of this
Agreement by the due date of the invoice for such costs.
REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
19. The Owner shall not commence the construction or installation
of ,any of the works without the written permission of the Director,
hereinafter called the "authorization to commence works". The owner
shall only commence those works permitted by the authorization to
commence works. In addition to any other requirements contained
herein, no authorizati,on to commence works shall be issued for any of
the works until:
i) the Owner has delivered a mylar of the registered reference
plan; and
ii) the Owner has received the written approval of the Oirector
for the engineering drawings, as required by paragraph 14
of this Agreement; and
iii) the Owner has received the written approval of the Director
for the grading and drainage plan as required by paragraph 15
of this Agreement; and
iv) the Owner has received the written approval of the Director
for the Works Cost Estimate as required by paragraph 16 of
this agreement; and
v) the Owner has deposited with the Municipality the performance
guarantee as requi red by paragraph 17 of thi s Agreement.
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INSPECTION OF INSTALLED WORK
20. The contract with any contractor employed by the Owner to
construct or install any of the works, shall provide that employees
or agents of the Municipality may, at any time, inspect the work of
such contractor pertaining to the said lands and the Director, after
consultation with the Owner, the Owner1s engineer or the Owner's
agent shall have the power to stop any such work, in the event that
in their opinion work is being performed in a manner which may result
in a complete installation that would not be satisfactory to the
Municipal ity.
PROVISIONS FOR CONSTRUCTION AND INSTALLATION
21. All of the works shall be constructed and installed in
accordance with the engineering drawings as approved by the Director.
No variation from the engineering drawings shall be pennitted unless
such variation is authorized, in writing, by the Oirector.
SEQUENCE OF CONSTRUCTION ANn INSTALLATION
22. The Owner shall, upon the issuance of an authorization to
commence work, proceed to construct and install all of the
authorized works continuously and as requi'red by the approved
schedule of works, if applicable.
COMPLETION TIME FOR CONSTRUCTION ANn INSTALLATION
23. The Owner shall, within two (2) years of the date of the
issuance of an authorization to commence works, complete the
construction and installation of all of the works authorized in such
authorization to commence works, with the exception of the final lot
grading, driveway approaches, sodding and tree planting.
REQUIREMENTS FOR BUILDING PERMITS
24. Neither the execution of this Agreement by the Municipality,
nor the clearance by the Municipality of the conditions of severance,
nor the issuance by the Municipality of any certificate of acceptance
shall be deemed to give any assurance that building permits, when
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applied for, will be issued in respect of "any of the said lands. The
Owner agrees that no application for any building permit in respect
of any of the said lands shall be made until:
i) the Municipality has received copies of building plans for all
lots for which building permits are being sought, bearing the
written approval of the Ministry of the Environment with
respect to the Ministry's noise attenuation requirements for
said lots as specified by Schedule "K" hereto;
ii) the balance of all development levies have been paid in
respect of the lot for which building permits are applied for;
iii) the Municipality has approved lot grading and drainage plans
for the lot for which building permits are being sought;
iv) that entrance permits have been issued in accordance with Town
po 1 icy;
v) the Owner has deposited with the Town and maintained in good
standing the Performance Guarantee required pursuant to
Paragraph 17 hereof.
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REQUIREMENTS FOR SALE OF LANDS
25. The Owner further agrees not to sell any or all of the said
1 ands unt i1 :
i) the Owner has inserted in the Agreement of Purchase and Sale
entered into by the prospective purchaser, notice that the
lands are subject to the covenants and obligations set forth
in this Agreeme~t; and
ii) The Owner has registered on title of the lots and inserted in
the Agreement of Purchase and Sale of said lots entered into
by the prospective purchaser, not, ce that "Despi te the
inclusion of noise control measures within the development
area, noise levels may continue to be of concern,
occassional1y interfering with some activities of the dwelling
occupants. A provision has been made to the heating system to
facilitate the installation of air conditioning should the
owner find it necessary in order to achieve an acceptable
living environment.".
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
26. The Owner agrees that the construction and installation of any
of the works authorized in an authorization to commence works shall
not be deemed to be completed for the purposes of this Agreement
until the Director has provided the Owner with written confirmation
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thereof, referred to herein as a "certicate of completion". In
addition to any other requirements contained herein, no certificate
of completion shall be issued for the works, or a portion of the
works, until:
i) such of the works authorized by the authorization to commence
works for which a certificate of completion is required have
been inspected by the Director or an authorized member of the
Municipal staff, as may be appointed by the Director; and the
Municipal Council has approved the written report of the
Director that such works have been constructed and installed
in accordance with the latest version of the engineering
drawings, as approved by the Director; and
ii) the Municipality is satisfied that in respect of the
construction and installation of all of the works authorized
by such authorization to commence works there are no
outstanding claims relating to such works.
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PERIOO OF REQUIRED MAINTENANCE OF WORKS
27. The Owner shall, from the date of the issuance of the
certificate of completion, maintain all of the works covered by such
certificate of completion for a period of two (2) years.
MAINTENANCE GUARANTEE REQUIRED
28. In order to guarantee that all defects in the works which
become apparant after the issuance of a certificate of completion for
such works will be properly repaired or replaced, the Owner hereby
authorizes the Municipality to retain as a maintenance guarantee, a
portion of the letter of credit referred to by paragraph 17 in an
amount equal to ten percent (10%) of the estimated cost of the works
as set out in Schedule "I" hereto. The term of the maintenance
guarantee shall be subject to the approval of the Municipal Treasurer
and shall guarantee the works for two (2) years from the date of
completion.
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USE OF MAINTENANCE GUARANTEE
29. The Owner agrees that the Municipality may, at any time, by
Resolution of Municipal Council, authorize the use of all or any part
of any maintenance guarantee if the Owner fails to pay any costs
payable by the Owner to the Municipality under this Agreement by the
due date of the invoice for such costs.
REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
30. The Owner agrees that the Municipality shall not be obliged to
release to the Owner all or part of the unused portion of any
performance guarantee referred to herein until:
i) a certificate of completion has been issued for the works for
which such performance guarantee was required; and
ii) the Owner has deposited with the Municipality the maintenance
guarantee applying to those works for which such performance
guarantee was required; and
iii) the Municipality is satisfied that in respect of the
construction and installation of the works for which such
performance guarantee was required, there are no outstanding
claims relating to such works.
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
31. The Owner agrees that any of the works covered by a
certificate of completion shall not be accepted nor deemed to be
accepted for the purpose of this Agreement until the Director has
provided the Owner with written confirmation thereof, referred to
he~ein as the "certificate of acceptance". In addition to any other
requirements contained herein, no certificate of acceptance shall be
issued until all of the works covered by such certificate of
completion have been inspected by the Director or a staff member of
the Municipality as may be appointed by the Director, and the
Municipal Council has approved the written report of the Director
that all such works have been maintained to the approval of the
Director for the period set out in paragraph 27 9f this Agreement.
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OWNERSHIP OF WORKS BY MUNICIPALITY
32. The Owner agrees that upon the issuance of a certificate of
acceptance, the ownership of all of the works covered by such
certificate of acceptance shall vest in the Municipality, and the
Owner shall have no right or claim thereto other than as an Owner of
land abutting a road in which such works are installed.
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REQUIREM~NTS FOR RELEASE OF MAINTENANCE GUARANTEE
33.
i) The Owner agrees that the Municipality shall not be obliged to
release to the Owner all or part of the unused portion of any
maintenance guarantee until:
a) a certificate of acceptance has been issued for the works
for which such maintenance guarantee was required; and
b) the Municipality is satisfied that in respect of the
maintenance for all of the works for which such
maintenance guarantee was required, there are no
outstanding claims relating to such works.
The Municipality shall release to the Owner the unused portion
of any maintenance guarantee upon fulfillment of clause a) and
b) of subparagraph i) hereof.
REQUIREMENTS FOR CERTIFICATE OF RELEASE
34. Upon compliance with subparagraph i), ii) and iii) hereof, the
Municipality agrees to provide the Owner with a written release for
the said lands referred to herein as the "certificate of release" in
a form suitable for registration or deposit in the applicable
Registry or Land Titles Office. In addition to any of the
requirements contained herein, the certificate of release shall not
be issued until:
i) certificates of acceptance have been issued for all of the
works; and
ii) a registered Ontario Land Surveyor, approved by the
Municipality, has provided the Municipality with written
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confirmation that at a date not earlier than the end of the
maintenance period described herein, he has found or replaced
all standard iron bars as shown on the plan attached as
Schedule "B" hereto 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
iii) the Municipal Council has, by Resolution, declared that the
Owner is not in default of any provisions of this Agreement.
The certificate of release shall operate as a discharge of the land
described therein of all obligations of the Owner under this
Agreement, with the exception of the Owner's responsibility for
drainage as provided herein, and the Owner's acceptance of the
conditions for applying for Municipal building permits as required in
accordance with Municipal policy.
RESPONSIBILITY FOR DRAINAGE
35. Even after the issuance of the certificate of release, the
registered owner of each lot on the plan shall have the sole
responsibility for providing and maintaining adequate drainage of
surface waters from such lot.
INTEREST IN SAID LANDS
36. The Owner hereby charges all its interests in the said lands
with the obligations set out in this Agreement.
PAYMENT OF MUNICIPAL COSTS
37.,
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Every provision of this Agreement by which the Owner is
obliged" in any way, shall be deemed to include the words "at
the expense of the Owner" unl ess the context otherwi se
requires.
The Owner, upon execution of this Agreement, shall reimburse
the Municipality for all reasonable legal, planning,
engineering or other technical advice and assistance or
expenses actually incurred for the preparation and
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registration of this Agreement, or the preparation and
approval of Restricted Area By-1 aw No. 83-69 of The
Corporation of the Town of Newcastle, and the legal, planning
and other services contemplated by the terms of this
Agreement, which shall include review of performance
guarantee and preparation of agreements and releases.
iii) The Owner shall have the right to inspect, upon reasonable
notice, during regular business hours, such accounts,
invoices, time records and other documents and calculations of
charges for which the Town is seeking reimbursement.
iv) The Owner shall pay to the Municipality, all reasonable
engineering and inspection costs in accordance with the
provisions of Schedule "J" hereto.
NOTIFICATION OF OWNER
38. If any notice is required to be given by the Municipality to
the Owner in respect of this Agreement, such notice shall be mailed
or delivered to:
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Cean Investments (Oshawa) Ltd.
378 Ki ng Street West
OSHAWA, Ontario
L 1 J 2J 9
or such address as the Owner has notified the Municipality in writing
and such notice, mailed or delivered, shall be deemed good and
sufficient notice under the terms of this Agreement.
REGISTRATION OF AGREEMENT
39. The Owner and Mortgagee hereby consent to the registration of
this Agreement by the Municipality and covenant and agree not to
register or permit the registration of any document on any of the
said lands unless this Agreement and any Deeds, Easements or other
documents required to be furnished have first been registered against
the title to the lands.
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40. The Mortgagee does hereby postpone his Mortgage to this
Agreement with the intent that this Agreement shall take effect as of
the date executed and registered prior to the Mortgage and the
Mortgagee covenants and agrees that in the event that he obtains
ownership of the said lands by foreclosure, or otherwise, he shall
not use or develop the said lands except in conformity with the
provisions of this Agreement.
ASSIGNMENT OF AGREEMENT
41. The Owner shall not assign this Agreement without prior
written consent of the MuniCipality which shall not be unreasonably
withheld and no such assignment shall relieve the Owner of any of his
obligations under this Agreement.
SCHEDULES TO AGREEMENT
42. The following Schedules, which are identified by the
signatures of the parties to this Agreement and which are attached
hereto, together with all provisions contained therein, are hereby
made a part of this Agreement as fully and to all intents and
purposes as though recited in full herein.
Schedule "A" - Legal Description of said lands
Schedule "B" - Registered Reference Plan
Schedule "C" - Charges against said landS
Schedule "0" - Development Charges
Schedule "E" Grants of Easements to be Dedicated
Schedule "F" - Lands and/or cash to be Dedicated
Schedule "G" - Works required
Schedule "H" - Utilities required
Schedule "I" - Costs estimates
Schedule "J" - Engineering Inspection Fees
Schedule ilK" - Ministry of the Environment Requirements
SUCCESSORS
43. This Agreement shall enure to the benefit of and be binding
upon all of the Parties hereto, its, his or her respective heirs,
executors, administrators, successors or assigns.
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IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNE~, SEALED AND DELIVEREO )
In the Presence of )
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SCHEDULE "A"
This is ~chedu1e "A" of an Agreement between The Corporation of the
Town of Newcastle,
and
LEGAL DESCRIPTION
ALL AND SINGULAR that certain parcel or tract of land, situate, lying
and be~ng in the Town of Newcastle, in the Regional Municipality of
Durham (formerly in the Town of Bowmanville), being part of Lot 11 in
the Second Concession of the said Town of Bowmanville, more
particularly described as parts 1 to 9 inclusive on Plan lOR-1633
deposited in the Land Registry Office for the Registry Division of
Newca st 1 e (No. 10).
The Owner hereby agrees that the plan number referred to in this
Schedule may be added by the Municipality subsequent to the execution
of this Agreement.
IN WITNESS WHEREOF the Parties have herunto set their hands and seals
and/or corporate seals by the hands of their proper signing officers
duly authorized in that behalf.
IMITED
SIGNED, SEALED AND DELIVEREO )
In the Presence of
Per:
BANK
lOR VICE PRESIDENT
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SCHEDULE liB II .
This is Schedule IIBII of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Qshawa) Limited
COpy OF REGISTERED REFERENCE PLAN ATTACHED
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the Presence of )
)
)
)
)
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LIMITED
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SCHEDULE IICII
This is Schedule "C~ of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
1.
Municipal Taxes
CHARGES AGAINST THE SAID LANDS
$4,333.00
2.
Local Improvement Charges
3.
Drainage Charges
NIL
NIL
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
In the Presence of
)
)
l NEWCAST~~TI~~~~HE TOWN OF
)
lpe~~
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l Per: L ~hJ. ~.
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SCHEDULE "0"
This is Schedule "0" of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
DEVELOPMENT CHARGES
The Owner shall pay to the Municipality upon execution of this
Agreement, total development charges of One Thousand Two Hundred
Dollars ($1,200.00), based upon a development levy of Six Hundred
Dollars ($600.00) per lot for Parts 3,5,6 and 7, Plan lOR-1633. The
Owner agrees to pay a further Six Hundred Dollars ($600.00) in
respect of Part 2, Plan lOR-1633 prior to the issuance of any
building permit in respect of said Part 2, Plan 10R-1633.
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seald and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the Presence of
)
)
)
)
) N L
) ..-/
lper~~
l Per: ~,~.
) CLERK
)
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SCHEDULE IIEII
This is Schedule "EII of an Agreement between The Corporat ion of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
GRANTS OF EASEMENTS
(AS MAY BE DETERMINEO)
Nil
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
'Y).
SIGNED, SEALED AND DELIVERED
In the Presence of
p~~~- ~
~~
Per: L '. . .~,
CLERK
THE
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SCHEDULE IIFII
This is Schedule IIFII of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
OEDICATION OF LANDS
The Owner shall, upon execution of this Agreement and prior to
clearance of the conditions of severance by the Municipality,
deliver to the Municipality executed Deeds of conveyance sufficient
to vest in the Municipality absolute title in fee simple and free and
clear of all liens and charges and encumbrances and easements to
Parts 1,4,8 and 9, as shown on the registered reference plan number
10R-1633. Said lands to be used for road widening purposes. The
Town hereby agrees to assume and dedicate said lands as public
highways as soon as practicable following dedications by the Owner.
CASH IN LIEU OF LANDS
The Owner shall pay to the Municipality as cash in lieu of dedication
of parkland, being five percent (5%) of the market value of the
subject lands agreed on at Six Hundred and Twenty-one Dollars and
Sixty Cents ($621.60) of which Four Hundred and Fourteen Dollars and
Forty Cents ($414.40) shall be paid upon the execution of this
agreement and Two Hundred and Seven Dollars and Twenty Cents
($207.20) shall be paid prior to issuance of any building permit in
respect of Part 2, Plan lOR-1633.
IN W1TNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNEO, SEALED AND OELIVERED )
In the Presence of
)
)
)
)
)
)
)
)
)
)
)
)
)
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SCHEDULE "G"
This is Schedule "G" of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limi~ed
WORKS REQUIRED
1. Storm Drainage System The Owner agrees to construct, install
and maintain a storm drainage system to serve the said lands
including all ditches, culverts, swails and any other required
appurtenances and equipment in accordance with the Town of Newcastle
design criteria and standard drawings to the satisfaction of the
Director of Public Works. The Owner shall also, at no expense to the
Municipality, arrange for the disposal of all storm water in and from
the lands which may be obstructed by the Owner's development
satisfactory to the Director of Public Works.
2. Roadways
a) The Owner shall be responsible for the construction and
installation, to the satisfaction of the Director of Public Works,
and in accordance with the Town of Newcastle design criteria and
standard drawings, the following services on High Street, abutting
the lands:
i) any works required for drainage purposes and the seeding and
mulching of the ditches or boulevard between the edges of the
shoulders and the property line;
ii) an entranceway to each lot;
iii) the Owner agrees to complete any other works required to
accommodate storm drainage along the road allowance abutting
the subdivision to the satisfaction of the Director of Public
Works.
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNEO, SEALED AND DELIVERED )
In the Presence of
LIMITED
.yt;j
l THE O~~~OWN OF
) NEWCASTLE
)<,
l pe~~~
) n Y R
~per:~~\ ~.
) CLERK
)
)
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SCHEDULE 1tH"
This is Schedule "Hit of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
UTILITIES REQUIRED
1. Electrical Supply System The Owner shall arrange with the
appropriate Public utilities Commission having jurisdiction for the
design, provision and installation of an electrical supply system to
serve the lands in the locations as approved by the Oirector. All
primary services to be install ed above ground and secondary
electrical services to be installed under ground.
2. Telephone System The Owner shall arrange with the appropriate
telephone company for the design, provisions and installation of a
telephone system to serve the said lands, as approved by the
Director. All telephone services are to be installed underground
where practical.
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) CEAN I
In the Presence of
I'V' \
f I\PPROVEO
T. D. B. g
NO. ~H....
)
l TH / ~(t~.rv~ TOWN OF
) NEWCASTLE
)
I::~~
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)
)
) THE
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BANK
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.
SCHEDULE Itllt
This is Schedule "IIt of an Agreement between The Corporation of the
Town of Newcastle,
and
WORKS COST ESTIMATE
1. Driveway accesses, including culverts, cost to be borne by
builder in accordance with applicable Town Policy.
2. Storm Drainage Works in respect of Part 2,
Plan 10R-1633 - $1,702.00
3. Storm Drainage Works in respect of Parts 3,5,6 and 7,
Plan 10R-l633 - $2,214.00
The performance guarantee has been based upon preliminary estimates
only, and at such time as the final engineering drawings have been
approved by the Director of Public Works, a revised cost estimate of
the works, engineering and contingencies, shall be prepared by the
Owner or his agent and submitted to the Director of Public Works for
his approval. This revised cost estimate shall be used as a basis to
adjust the performance guarantees if the estimate increases or
decreases.
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNEO, SEALEO AND DELIVERED)
In the Presence of
)
)
)
) NEWCASTLE
~ /~ ~_,t /' /'
~ Per:Y-~ ~~
) ~~
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).THE .'IO~IXMIN
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CORPORATION OF THE
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SCHEDULE ItJIt
This is Schedule ItJ" of an Agreement between The Corporation of the Town of
Newcastle, and Cean Investments (Oshawa) Limited
ENGINEERING AND INSPECTION FEES FOR DEVELOPMENT
Estimated Costs of Works
Fees
Up to $100,000.00
Actual cost of engineering
services and inspection fees up to
a MAXIMUM of $4,000.00
$4,000.00 or 3.5% of the estimated
cost of services - whichever is
greater
$100,000.00 to $500,000.00
$500,000.00 to $1,000,000.00
$17,500.00 or 3% of the estimated
cost of services - whichever is
greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the
estimated cost of services -
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated
cost of services - whichever is
greater
For the purposes of this Schedule cost estimates as specified in Schedule "Hit
for Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED AND OELIVERED
In the presence of:
ca~/fHE ~OWN OF NEWCASTLE
':'1lII
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SCHEDULE "Kit
This is Schedule "Kit of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
M1NISTRY OF THE ENVIRONMENT NOISE ATTENUATION REQUIREMENTS
1. That all exposed windows of residences to be located on Parts
2,3,5,6 and 7 of Plan 10R-1633 be installed to the specifications of
the Ministry of the Environment.
2. That the afore said dwellings shall be equipped with forced
air heating with a provision that air conditioning may be installed
should the owners find it necessary to achieve an acceptable indoor
living environment.
3. That the following warning clause be registered against title
of Parts 2,3,5,6 and 7, Plan lOR-1633:
ItDespite the inclusion of noise control measures within
the development area, noise levels may continue to be
of concern, occasionally interfering with some activities
of the dwelling occupants. A provision has been made
to the heating system to facilitate the installation of
air conditioning should the owner find it necessary in
order to achieve an acceptable living environment.1t
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) CEAN INV
)
)
) TOWN OF
) N
l pe~~~+/
l Per: I ~n~ J~
) CLERK
)
) THE 'IORONTO-JX)M]N[ON
)
)
)
)
)
)
)
)
\ ,\!' PROVED
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DATED: ~ 7 IX 1983
BET WEE N:
CEAN INVESTMENTS (OSHAWA) LIMITED
- and -
.,~ .
THE CORPORATION OF THE TOWN OF NEWCASTLE
SUBDIVISION AGREEMENT
...'=\
:\). "~~.. ~'
\~~~ ~<J,' Pl annj n9 Oepa rtment
&",??$>~ The. C~rporati~n of the Town of Newcastle
~' Munlclpal Offlces
\v~ HAMPTON) Ontario, LOB lJO
File: LO-261-81 to lO-263-8l
/famamoN. \1rr0~, ALEXANDE&
& HA I \.ARD
235 Kr:'\G ST, EAST
OSl1A W.\. O.l'1I~