HomeMy WebLinkAbout83-76
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 76
being a By-law to authorize the entering into of a Subdivision
Agreement with Gearing Farms 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
Corporation's seal, a Subdivision Agreement between Gearing Farms
Limited and the said Corporation dated the :;Jlo'tlday of ~
1983, in the form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a fi rst time thi s 24th day of
BY-LAW read a second time thi s 24th day of
May
May
1983
1983
BY-LAW read a third time and finally passed this
24th day of
May
1983
~~
G. B. RICKARD, MAYOR
~.~.
D. W. OAKES, CLERK
r File No.:-_ta":u~~u:L~gJ
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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 GEARING FARMS LTD.
in respect of the land registered as Parcel 32-2
in the Register for Section Con.3 Newcastle (Darlington).
And hereby applies under section 74 of the Land Titles Act for the entry of a
Notice of an-Agreement dated September 26th, 1983, in the register
for the said parcel.
OATED at Oshawa this 30th day of September, 1983.
THE CORPORATION OF THE TOWN OF NEWCASTLE
by their solicitor,
The address of the applicant for service is:
40 Temperance Street
BOWMANVILLE, Ontario
By"law. NO.<.::~Cf~:~-;; Ilo....
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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:
Agreement dated September 26th, 1983, between The Corporation of the Town of
Newcastle and Gearing Farms Ltd. and Ralph S. Jones, Trustee and The Royal
Bank of Canada, attached hereto as Exhibit "A".
SWORN before me at the )
)
City of Oshawa )
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in the Regional Municipality )
)
of Durham this 30 day )
)
of September, 1983. )
)
A Commissioner, etc. )
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THIS AGREEHilllT made ~n quintuplicate this 2lp fA day of ~"""re:~19 gs>.
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BET \-J E E N:
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TIlE CORPOP..ATION OF TIIE TOHN OF HEHCASTLE,
Hereinafter called the "TOHN" OF THE FIRST PART,
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GEARING FAPJlS LTD.
Hereinafter called the "OHHER" OF 11lE SECOND PART
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RALPH S. JONES, TRUSTEE AND
THE ROYAL BANK OF CAnADA
Hereinafter collectively called the "HOI~TGl\.GEES"
OF TIlE TIIIRD PART
v7ITNESSETII TIiAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto, arc hereinafter called the "Lands" and constitute 31.2 hectares;
AlID l~IEREAS the ~lner warrants that it is the registered owner of the Lands;
AND HHEREAS the ~mer warrants that the llortgagees are the only mortgagees of
the Lands;
AND HHEREAS the ~mer warrants that it has applied to the appropriate lfinister
of the Government of Ontario, hereinafter called the "Ninister" for approval
of a plan of subidivision or the lands;
AND mlEREAS to comply with the Hinister's conditions for such approval, the
~'mer has consented to enter into this Agreerllent ~'7ith the TOv711;
AND WHEREAS the ~mer 'l1arrants that it has entered, or "lill enter into an
Agreement '17ith the P.egional IIunicipality of Durham, hereinafter called the
"Region" to satisfy the requirer.lents of the P.er.;ional Hunicipali ty of Durham,
financial and othe~l1ise;
AND HHEREAS the ~mer ~l1arrants that it has or ~'lill enter into an agreement
with the appropriate Public Utilities Co~aission or other authority or company
having jurisdiction in the area of the said lands for the design and
installation of the utilities referred to in Schedule "n" and hereinafter
called "Utilities";
Nrn~ TIIEREFORE in consideration of the mutual agreements and covenants and
promises herein contained, and other good and valuable consideration, the
parties hereto agree as follows:
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1.' DEFINITIONS
~ - .In this Agreefuent:
1.1 "Council" shall mean the Couricil of the Corporation of the TO'tm of
N~l7castle;
1.2 "Director" shall mean the Director of Public t'lorks of the TO'tm of
N~vcast1e 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 TOlm of
Nm-lcast1e;
1.4 "Director of Community Services" shall mean the Director of Community
Services of the Corporation of the TOl1n of Newcastle;
1.5 "Director of Planning" shall mean the Director of Planning of the
Corporation of the To~m of N~'1cast1e;
1.6 "Solicitor" shall mean the Solicitor of the Corporation of the TO~l7n of
Newcastle;
1.7 "Ot"ner" shall include and individual, an association, a
partnership or a corporation and wherever the singular is used herein,
it shall be construed as including the plural.
1.8 "Connnissioner" shall mean the ComrJissioner of Planning for the Regional
Municipality of Durham.
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. 2.
GENERAL
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CERTIFICATION OF OWNERSHIP
(1) The Owner shall, at the time of the execution of this Agreement,
provide the Tm~n with a letter signed by an Ontario Solicitor and addressed to
the Tmqn 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 ~~ner shall, at the time of the execution of this Agreement,
provide the T~ln with a letter signed by an Ontario Solicitor and addressed to
the Tmln certifying as to the title to any land including the said Lands,
which is to be conveyed to the Town or over which eaS~lents are to be granted
to the Tmqn pursuant to the tenJS of this Agreement.
2.2 COpy OF PLAN AND AGREEHENTS RECUIRED
Subject to paragraph 2.10(3) hereof, the ~1ner shall, at the time of the
execution of this Agreement, provide the TO~Jn ,lith as many copies as the To,m
requires of the plan of subdivision for the said Lands, which plan shall be
the plan prepared for approval by the Director. The said plan is attached
hereto as Schedule "B" and is hereinafter called the "Plan". Tne Otmer shall
also furnish to the Town at the time of the execution of this Agreement, one
copy of the said Plan containing the stamp of approval of the Region, and a
copy of the subdivision agreement entered into between the ~qner and the
Region with respect to the said Plan if such approval and/or Agrernuent is in
existence at the time of the execution or this Agreement. If the approval or
agreement l~i th the Region is not available at the time of the execution of
this Agreement, the ~vner agrees to provide the Tmm ,lith the Plan, 1;~ith the
stamp of approval of the Region and a copy of the Subdivision Agreement
entered into ~.;ith the Region, immediately after approval is granted or the
agreement signed. lbe ~mer shall also furnish to the Tmm at the time of the
execution of this Agreement one copy of each of the agreements entered into
with the Public Utilities Co~ission or other authority or cmapany having
jurisdiction in the area of the said Lands for the design and installation of
the utilities, or, if such agreement or agreements are not in e~~istence at the
time of the e'~ecution of this Agreement, the ~vner agrees to provide the TOlm
with a copy of each such agremnent immediately after such agreement is signed.
2.3 DEDICATION OF EASEHENTS
(1) The Otvner shall, at the time of the execution of this Agreement, or
such later date as may be agreed by the ~1ner and the Town, but not later than
the registration of the Plan, deliver to the Town executed transfers of
easements free and clear of all encumbrances as set out in Schedule "E"
hereto.
(2) If, subsequent to the registration of the Plan, but prior to the
issuance of a building per.mit in respect of a lot or block, further easements
are required for utilities or drainage, or other purposes, in respect of any
lot or block within the Lands, the ~~ner agrees to transfer to the Town such
further easements upon request. TIle Tmvn shall not unreasonably request such
further easements, and in no event shall a further easmnent be requested which
would prevent the erection of a dwelling on such lot or block.
2.4 DEDICATION OF LM1DS
The ~~ner shall, at the time of the execution of this Agreement, or such later
date as may b~ agreed by the ~~ner and the Town, but not later than the
registration of the Plan, deliver to the Town executed deeds of conveyance,
sufficient to vest in the Town, or where applicable, in any other public
authority or person, absolute title in fee simple, free and clear of all
liens, charges, encumbrances and easements, the lands set out in Schedule "F"
hereto. Such conveance shall include the dedication by the Ot~ner to the Tm~n
of the lands required by the terms of lbe Planning Act, R.S.O. 1980, as
amended from time to time to be dedicated' for public purposes, other than for
hig~~ays, unless the Tm'ln has agreed to accept cash in lieu of such lands, as
provided herein.
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2.5 REGISTnATIOE 0:[ DEEDS J.1m GP.1J/TS OF E:;,sm~=~;:'s
A 'L '( ,
The aforem~ntioned deeds Goncl c;rnnts of eL1ser.~entG slwl1 "lie prcp,:u:cd by the
Ot-mer and registered at the ();,mer' s e::penGe at tl1C Gar:le time as the Plan ~s
registered. III such deeds and grants or easements the registered m,m:ber of
the Plan shall be left blank arid the ()(mer hereby authorizes the Tmm to
insert such Plan number after rc:;istTation of the Pl~.n.
.2.6
LfI.NDS FOIl SCI-IOOL PURPOST;;S J.:lTD SECOIiD.t;T.Y OPTIOlJ
- Dot Applicable -
2.7 INTEREST IN SAID LANDS
nle Otmer hereby charges all its interest i" the said Lands nith the
obligations set out in this l..g4eer,:er~t.
2.8 NOTIFICl!.TIOn OF mnmE
If any notice is required to be Given by the 1'o;n: to the armor in respect of
this Agreement, such notice shall be mailed or delivere(~ to:
Gearing Farms Ltd.
c/o Paul Gearing
D02: Ho. 12
R. R. :ff 3
n~1oanviIle Ontario
uc 3I~4
and to:
Jones and Jones
Barristers and Solicitors
130 King Street East
Osha't'1a, Ontario
LIll lB6
or such address as the Otmer 11:10 notified the Toun, in i1riting, and any such
notice nu:dIcd or delh7cred sh,;\ll be dCeE!cd ::;000 cnd sufficient notice under
the tel~S of this ~~reement.
2.9 ~EGISTRAT!OH OF AGt:.EElml!T
The Otmer and l10rtgagee hereby consent to the registration of this ,AGreement
by the Tmln and covenant and agree not to registcT or pernit the resistration
of any document after registration of the Ple.n of Subdivision on emy hmd
included in the said Plan unless this subdivision Agreerv:mt, and ai1Y deeds,
easements or other doc~~ents required to be furnished thereunder, have first
been registered against the title to the land included in the Plan.
2.10
RENEGOTIATIOlT AnD po:mEDEElTT or AGB.EEIIElJT
(1) The Otmer agrees that the Toun r,:,ay at its option i11. the circu::lstr.nces
set out bel~-1 on thirty (30) dc.ys uri tten notice to the O:mer J declare this
Agreement to be subject to re::egotic.tioll, uhereupon the (\mer agr~es not to
undertake any cOllstruction or installation of m1)" of the Horks until this
l..greer;lent has been renecotiCltec.1. This l:..sreer:1cnt ru:!.) be subject to
renegotiation if:
(i) the COi.:n:,dssioner approves a Plan of ,Subdivision for the said
lands which is substanti~lly different fra~ the Plan attached
hereto as Schedule "B"; or
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( ii)
the Plan of Subdivision is not finally approved by the
Commissioner and registered within eighteen (18) months of
~.the date of the e}~ecution of this Agreement; or
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(iii) the agreement between the ~qner and the Region has not been
executed at the time of the execution of this Agreement, or
such agreement has been e~:ecuted and is subsequently amended,
and the provisions of such agreement affect materially the
location or sizing of any of the Horks to be supplied and
installed under the tenus of this Agreement; or
(iv) no construction or installation of any of the Works has
conwenced within two (2) years from the date of registration
of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from t~e to tuae by mutual agreement amend the terms
of this Agreement and any of the Schedules but an amendment shall only be
effective if in writing ande:cecuted under the sels and hands of the proper
officers of each party.
(3) The parties hereto ackn~11edge that at the time of the execution of
this Agreement, only a red lined copy of the plan of subdivision is in
existence and all descriptions in this Agreement and the Schedules annexed
hereto refer to the descriptions in the red line plan anne::ed hereto as
Schedule "B". Upon the final plan of subdivision being approved by the
Hinister of Housing the final plan shall be substituted for the red lined plan
annexed as Schedule "B" and all amendlllents necessary or requisite shall be
made to confonll t"ith the descriptions used in this Agreement and the Schedules
(and without limiting the generality of the foregoing, in particlar Schedules
liB II , "E", "F", "G", "N", "0", "P", and "Q") vTi th the final plan of
subdivision.
2.11 1'Ol<m TO ACT pam-WTL Y
Wherever the Town, or the Solicitor, or the Treasurer for the T~1n, 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, pernlission or approval, then such action, decision,
confirmation, authorization, permission or approval shall be made promptly and
in all respects the T~in and its officers, sel~ants or agents shall act
reasonably.
2.12 ASSIGNl1$llT OF AGREENENT
The Owner shall not assign this agreement without prior written consent of the
Town and no such assigm~ent shall relieve the ~~ner of any of his obligations
under this Agreement.
2.13 SCHEDVLES 1'0 AGREEHEUT
The following schedules tqhich are identified by the signatures of the parties
to this Agreement, and which are attached hereto, together with all provisions
contained therein, are hereby made a part of this Agreement as fully and to
all intents and purposes as though recited in full herein:
Schedule "A" - "Legal description of said Lands"
Schedule "B" - "Plan of Subdivision for final approval"
Schedule "c" - "Charges against said Lands"
Schedule "D" - "Development charges"
Schedule "E" - "Grants of easements to be dedicated"
Schedule "F" - "Lands and/or cash to be dedicated"
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.,i; . Schedule "G" "Horks required"
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Schedule "I" - "Duties of Ot-mer' s Engineer"
Schedule "J" - "Cost Estimates"
Schedule "K" - "Insurance Policies required"
Schedule "L" - "Regulations for construction"
Schedule "H" - "Use of said lands"
Schedule "N" - "Lands unsuitable for building"
Schedule "0" - "Lands requiring site plan"
Schedule "p" - "Oversized and/or E::ternal Services"
Schedule "Q" - "Conservation Authority's Horks"
Schedule "Tl " "Engineering and Inspection Fees"
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Schedule "s" - "Hinister's/Region's Conditions of Approval"
2.14 110R~AGE
The Mortgagees do hereby postpone their mortgages to this Agreement with the
intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgages and the ilortgagees covenant and agree that
in the event that they obtain ownership of the said lands by foreclosure or
othen"ise, they shall not use or develop the said lands except in conformity
with the provisions of this Agreement.
2.15
SUCCESSORS
This Agreement shall enure to the benefit of and be binding upon all of the
parties hereto, its, his or her respective heirs, executors, administrators,
successors or assigns.
2.16
l?IJI1~ APPROV fJ.
Upon receipt of the payments herein required and upon the e:cecution and
registration of this Agreement, the Council ~lil1 recommend to the Minister
that the plan be approved for registration.
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3. .
FINANCIAL
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P4YHEh-1f OF TAXES
nle ~iner shall, at the time of the execution of this Agreement, pay all
Hunicipal taxes outstanding against the said Lancis', as set out in Schedule "c"
hereto. The Owner further agrees to pay any nunicipal taxes which may become
due and payable by it, in respect of any of the said Lands, prior to the sale
by the ~~ner of such lands.
3.2 PAYHENT OF LOCAL IHPROVEHEUT CHARGES
The Owner shall, at the time of the eJ'.ccution of this Agreement, pay all
charges with respect to existing local improvements assessed against the said
Lands, as set out in Schedule "c" hereto. Such charges shall include the
Town's share of any local improvements ~hich serve the said Lands and shall
include the commuted value of such charges including charges falling due after
the date of the execution of this Agreement.
3.3 PAYl<Il!lT OF DRAINAGE CHARGES
The Owner shall, at the time of the execution of this Agreement pay all
drainage charges assessed under The liunicipal Drainage Act, 1975, and The Tile
Drainage Act, R.S.O. 1980, 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 PAYHE1~T,OF DEVELOPMENT CHARGES
The ~lner Shall pay all development levies in the amounts and at the times set
out in Schedule "D" hereto. l1ott'7ithstanding the provisions of Schedule "D" as
to the times at which the develo~~ent charges shall be paid, the ~lner shall,
prior to the issuance of any building permit in respect of'any lot or block,
pay all remaining development charges assessed against the said lot or block.
3.5 CASH IN LIEU OF LANDS
The ~lner agrees that, if the T~vn agrees to accept cash in lie~ of the
dedication by the ~~ner to the T~vn of lands for public purposes, other than
highways, the amount of such cash payment shall be as set out in Schedule "F"
hereto. The Owner further agrees to pay to the T~1n any such cash payment as
set out in Schedule "F" hereto, at the time of the execution of this
Agreement.
3.6 PERFO~~lCE GUAPJU1TEE REQUIRED
(1) The ~~ner shall, prior to the issuance of any Authorization to
Commence Work, lodge with the T~vn by cash or by means of an irrevocable
letter of credit issued by a chartered Canadian bank, guaranteeing the
performance by the Owner of the provisions of this Agreement. Such cash or
irrevocable letter of credit shall be in an amount equal to the Horks Cost
Estimate with respect to the Plan or stage of the Plan covered by the
Authorization to Commence Work.
(2) All documents furnished under this paragraph shall be approved by the
Treasurer and the Solicitor of the T~vn.
(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 PERFOm'~lCE GU~~TEE
The ~lner agrees that the T~ln may at any time, by resolution of Tmvn Council
authorize the use of all or part of any Perfonaance Guarantee if the ~lner
fails to pay any costs payable by the ~1ner to the Town under this Agreement
by due date of the invoice for such costs.
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.. ' 3.8 \. UmEl-:lNIFICATIOlJ OF Tomr AND INSURANCE
A~ The Owner co~nants and agrees to indemnify the T~1n against all actions.
causes o~ actions, suits, claims and demands whatsoever and,h~lsoever caused,
which arise either by reason of the development of the said lands. or the
undertaking of the design, construction, installation and maintenance of the
Horks and Utilities. The Otmer agrees to indemnify the T~m \-lith respect to
all such claims not'(...ithstanding the issuance of n Certificate of Release
provided for in this Agreement. The at.mer shall also provide the insurance
called for by 'Schedule "K" of this Agreement.
3.9 r~INTEN~lCE GUAPJU~TEE PERIOD
In order to guarantee that all defects in the Works which become apparent
after the issuance of a Certificate of Completion for such Works, will be
properly repaired or replaced, the Otvner shall, prior to the issuance of the
Certificate of Completion for such ~'Jorks, lodge ,('lith the T~m a Haintenance
Guarantee in the fon1 of cash or an irrevocable letter of credit from a
chartered Canadian bank and in an amount equal to ten percent (10%) of the
estimated cost of the Horks as set out in Schedule "J" hereto. The fom of
the ~~intenance Guarantee shall be subject to the approval of the Town
Solicitor, and the Town Treasurer, and shall guarantee the Horks for two (2)
years from the date of completion.
3.10 USE OF ~~INTmlANCE GUAPJUITEE
The OtY'ner agrees that the Town may at any time, by resolution of Town Council,
authorize the use of all or any part of any Haintenance Guarantee if the Ot-mer
fails to pay any costs payable by the Otqner to the Town under this Agrc~!ent,
by the due date of the invoice for such costs.
3.11 REQUIREHEUTS FOR RE~EASE OF PERFOPJ.IAHCE GUARANTEE
The Owner agrees that the T~~n shall not be obliged to release to the Owner
the unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Horks for
which such Performance Guarantee was required; and
(2) the Owner has deposi ted lJi th the T~m a Haintenance Guarantee
applying to whose Works for which such Perfonaance Guarantee was required; and
(3) the T~~n 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 l'iorks.
(4) the T~ln may, fr~n time to time, reduce the amount of the vaue of
the Performance Guarantee to reflect the progress of the Works required to an
amount equal to the vaue of the uncompleted Horks, plus ten percent (10%) of
the vaue of the completed Works on approval by the Director of a Progress
Certificate prepared by the ~~ner's Engineer.
3.12 REOUIREl1ENTS FOR RELEASE OF HAINTENAHCE GUARANTEE
.
(1) The ~~ner agrees that the T~ln shall not be obliged to release to the
Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been issued for the Works for
'Y'hich such Haintenance Guarantee '(las required; and
(b) the Town is satisfied that, in respect of the maintenance of
all of the Works for which such Maintenance Guarantee was
required, there are no outstanding claims relating to such
l~orks .
(2) The T~~n shall release to the ~7ner the unused portion of any
Maintenance Guarantee upon fullfillment of Clause (a) and (b) of subparagraph
(1) hereof.
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(1)
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the
PAYHEllT OF HUHICIPAl. COSTS
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'very Pl"OV1SJ.on 0 - tll.S i:{;reemCl:l: 0";/
shall be deemed to inclu~~ the ';lords "ut
context othenlise requires.
\11~icil tIle O:'Jl:.cr is
the e::per;.sc of the
obliged i:J. .::l11j:
Ot'711cru U111ezc
(2) The O;'llJer shall reimburse the To,m for ull reasonable legal expenses
actually incurred for the preparation ond -::e:;istration of this Agreement, and
the legal sel-vices conter.1pla.ted by the terdS of this ligl:ec'ment, uhich shell
include revial or perfonnunce guarantee and the preparation of any release.
(3) The ~mer shall have the right to i11spect, upon reasonable notice,
during regular business hours, such accounts, ir"7oiccs, time records and other
docut.1ents and calculations of chr,rges fOi: uhich the Tmm is seel:il1g
reimbursement.
(l}) The ~-mer shall pay to the TO\m for all engineering and inspection
costs in accordance "dth the p1:ovisionn of Schedule "r." hereto.
3.14
UNPAID CHARGES
The Due date of any SUln of money payable hcrei;,l, unless a shorter time is
specified, shall be thirty (30) clc-ys sitek the date of the invoice. Interest
at one and one-half per cent (l 1/2~O per month Sh"lll be payable by the Cltmcr
to the Town on all sums of Doney payable herein, \-;l1ich arc not paid on the due
dates, calculated from such due date.
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~47: , PLANNING
~ &.1 ' APPROVALPF TREE PRESERVATION PL,t\N
The Ovmer shall, prior to the issuance of any Authorization to Commence Horks
as provided herein, have provided the To~m with \'lritten verification that the
Central Lake Ontario Conservation Authority, that their requirements with
respect to the preservation of existing vegetation have been satisfied.
4.2 USE OF SAID LANDS
The ~~ner agrees that the said Lands shall not be used for any purpose other
than that set out in Schedule "H" hereto Hi thout the prior \~ri tten consent of
the Tmm.
4.3 LANDS UNSUITABLE FOR BUILDING
The ~iner agrees that the lots and blocks of the Plan which are set out in
Schedule "N" hereto are unsuitable for building purposes and that no
application will be made for a building permit for the erection of any
structure on any such lot or block until the conditions outlined in Schedule
"N" hereto for such lot or block have 'been satisfied to the epproval of the
Directors of Planning and Public Harks and/or any other authorities having
jurisdiction.
4.4 LANDS REOUIRING SITE PL1!J:T
The ~iner covenants and agrees that no application for any building per~mit in
respect of the lots or blocks or the Plan uhich arc set out in Schedule "0"
shall be made until the ~Jner has entered into a Site Plan Agreement with the
Tm~n respecting the development of such lot and unless the application for a
building pennit complies in all respects with the tems of the said Site Plan
Agreemen t.
l..5 REQUIREUENTS FOR BUILDING PERHITS
Neither the execution of this Agrceuent by the 11unicpality nor the approval by
the Tmm of the Plan for registration, nor the issuance by the Tmn1 or any
Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be issued in respect of any of the said Lands.
The ~qner agrees that no application for any building penait 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 \'Jhich a building permit
is proposed to be issued have been transferred to the Tm~n;
and
(2) all the new roads which are required to be constructed under
this Agreement to provide access to the proposed building,
have been constructed to at least the completed granular
base. Hoo-Ji ths tanding the foregoing, building permits may be
issued in respect or Lots 5, 12, 13, 14, 15 and 19 on the
basis of a temporary access from Tooley's Road, provided that
in respect of Lots 5 and 12, the Perfor~mance Guarantee for
fifty percent (50%) of the cost of reconstructing Tooley's
Road relative to Stage II of the Plan has been received, and
with respect to Lots 13, 14, 15 and 19, that the Perfonaance
Guarantee in respect of fifty percent (50%) of the
reconstruction of Tooley's Road abutting Stage III has been
received.
(3) all of the Works required to be constructed and installed
under such roads have been constructed and installed to the
approval of the Director; and
..
J
-11-
., ~,
( 4)
all of the Utilities required to be constructed and installed
under such roads have been ~onstructed and installed to the
approval of the authorities having jurisdiction over such
Utilities; and
\.
(5) the O;mer has provided the Director of Planning with a mylar
and four copies of a street numbering plan satisfactory to
the TOtm and each street number shall pernanently apply to
the lot or block shmm on the Plan and shall be provided by
the Otmcr to all subsequent ()1;'lIlerS; and
(6) the balance of all Develo~Jent Levies have been paid in
respect of the lot or block in the Plan for Hhich the
building penuit is applied for; ~nd
(7) if the application for a building permit J.S J.n respect of any
lot or block set out in Schedule "N" the Otmer has fullfilled
the conditions with respect to the lots and blocks as set out
in Schedule "N" as required by paragraph l~.3 of this
Agreement; and
(8) if the application for a building perrait is in respect of any
lot or block as set out in Schedule "a" the Otmer has entered
into a Site Plan Agreement with respect to the lots or blocks
as set out in Schedule "a" as required in paragraph 4.l~ of
this Agreement.
(9) the Owner has provided the Director of Planning with a mylar
copy of the registered plan of this subdivision.
(10) the Perfornance Guarantee and/or l'iaintenance Guarantee
required pursuant to this Agree~ent has been deposited with
the T~ln and is in good standing.
4.6 HODEL UOHES AND ARCHITECTURAL CONTROL
(I) The Otomer agrees to e~{ercise or cause to be exercised, architectural
control over the design and construction of the proposed twenty-six (26)
single family dwellings on the Plan through compliance ~~ith the
foll~.,ing :
(a) that the exterior construction on all hrnnes be predominently
masonry;
(b) that there be variation in the design of the homes to be
constructed; and
(c) that not more than two abutting h~Jes shall be similar in model
type.
(2) The O;mer agrees that any Nodel Home shall be used for display purposes
only and shall not be occupied for any residential purpose until such time as
the provisions of paragrah 4.3 of this Agreement helVe been complied 1;..ith and
if such Model IIome is occupied for residential purposes contrary to this
paragraph the provisions of paragraph 3.15 shall apply.
(3) (a) The O;..ner covenants and agrees with the Tm.,rn that he will exercise
or cause to be exercised, architectural control over the design and
construction of the d1;'7ellings vli thin the plan by requiring that the exterior
structure on all dHe1lings shall be predominantly masonry, e.g. brick, stone
or other earthen products, but excluding stucco and concrete block or
predominatly 1;..ood siding, excluding plywood, particle board or other similar
wood sheeting materials.
(b) The Otomer covenants and agrees that in the Agreement of Purchase
and Sale, he will require each builder purchasing frmn them to file, prior to
applying for a building permit, with the Tmm, a HasteI' Plan, to be approved
by the T~.,n, for the lots purchased by the builder/purchaser sh~7ing housing
types, elevations and the distribution of models on such lots.
..
- ,
.. 4. 7~
.
'.. ' The
(1)
(2)
-12-
REQUIRENEHTS FOR SAl.E OF LLUms
Ot'lner ,grees not to sell any or all of the said Lands until:
the T~'ln has registered against the title to such lands any grant of
easement in respect of such lands; and
where no building permit has been issued in respect of any lot Or block
proposed to be sold, the Otiner has obtained from the prospective
purchaser a covenant that such purchaser aGrees at any time prior to the
is suance of a building perni t, to provide the Toun '(Ji th any Grants of
easement required for utility or drainage purposes upon the written
request of the Tm,n; and
(3) the Otlner has obtained from the prospective purchaser a licence to pennit
the (Jt,ner and/or T~~n, to enter upon such lands to perfonn its
qbligations under this Agreement; and
(4) the Perfonnance Guarantee and/or Haintenance Guarantee required pursuant
to this l~reement has been deposited with the T~vn and is in good
standing.
(5) the Ot'lner has included the follmving notices in the Agreements of
Purchase and Sale entered into by prospective purchasers:
(a) That the lands are subject to the covenants and obligations set forth
in this Agreement and more particularly, Section 5.23 in respect of
obligations of subsequent ~1ners;
(b) That children from the said lands will only be picked up by the
school bus on the roads 110\1 in e~~istancc or at another location
convenient to the School
:aoard.
(6) The Otmer has satisfied the requirer."ents or the Hinistry or the
Environment \1i th respect to the preparation of a Ilycirologist Report uhich
verifies that an adequate supply of potable water is available to service the
plan. Said Report should also address the possibility ror cross-contamination
of wells from septic effluent.
4.8 REQUIREHEHTS FOR AU11!ORIZATIOn TO OCCUpy
Nonlithstanding the requirements of any statute, regulation, or by-law for the
issuance of any penuit authorizing the occupancy of any dwelling or other
structure, the ~lner shall not permit any building on the said lands to be
occupied, and no one shall occupy such building on the said lands to be
occupied, and no one shall occupy such building '(]ithout the written permission
of the TO\-1U hereinafter called an "Occupancy Permit". In addition to eny
other requirements contained herein, no Occupancy Peluiit shall be issued for
any building until:
(1) all of the nCt-1 roads within the plan t'7hich are required to be
constructed under this Agreement, which t7ill provide access to such
building, have had the application of the base course of asphalt, to
the written approval of the Director; and
(2) all of the stom system required to be constructed and installed to
service such building has been constructed and installed to the
written approval of the Director, and the building has been
connected thereto; and
~
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~ -...
'(3) all of the Utilities, save telephone and cable T.V. required to be
constructed and installed and connected to the building have been so
con~tructed, installed and connected to the written approval of the
· authorities having jurisdiction over such Utilities; and
"
(l~) the building has been connec tcd to and is serviced by a ,later supply
and se..lage disposal syster;:1 to 'the uritten approval or the authority
having jurisdiction; and
(5) the Otmcr's Engineer has provided the Director ,'lith "7rittel1
confinnation that the lot or block, \lhere such building is located.
conforms to the Grading and Drainage Plan, or has received the
o;n-itten approval of the Director ,'lith respect to any variance to the
Grading and Drainage Plan.
4.9 SPECIAL CONDITIONS
(1) The Ot~ner coveRants and agrees to satisfy the requirements of the Region
of Durham Health Unit in respect of the installation of a drilled well and
septic system on each lot.
(2) TIle Otqner covenants and agrees to satisfy the requirements of the
Ministry of the Environment in respect of the installation of individual
drilled wells on each lot.
(3) The ~lner covenants and agrees to satisfy the requirements of the Central
Lake Ontario Conservation Authority as contaned in Schedule "Q" hereto.
-1!:.-
~ -'
5.
PUBLIC HOr:.~:S
,
\,'5.1
Tom~, HOP-KS PXOUIRED
The Ot-mer shall be rcoponsible for the const:;.'uction and inst2.11".t5.on of tL2
services and landscaping r:iorc pm_"ti.cL:::rly l'Ci: c:::;:cd :::0 i~l Schedule "e" 1:e,:02to
(hereinafter called "the Uor::sll). Ih:til tIle iSGu",nce or a Ccrtific.:::te of
Acceptance as hereinafter ,provided, the Tio::!::] sh.::ll ::C."o.ill ti.le p1:operty of the
Ovmer and the O;mer shall be fully :cespollsible fo;: tl12L: l,l[lintcn~mcc. l:..fter
the issuance of a Certificate cf :~,ccept.:mce, the ~Yorks shall vest in and
becon1e the reopol1sibility of tl1e 1'ocrn.
5.2 UTILITIES P..EOUIRED
The Ovmer shall be responsible for ente::-illS ir:to ~:[;l:ecr::ents ':7ith the
appropriate Public Utilities COllr3.ssiOll O:\.' otLc,:- CEch c,,-utho:d.ty or comprmy
hc.ving jurisdiction in the arc.:: of the s2id L21',cls :CO): the c:csign 2nd
installation of the Utilitieo ec ~ore p~rticularly referred to in Schedule
"E" .
5.3 OmTEJl' S EHCnJEE!l
The O;mer shull rcttlin a coupetcl.:t Profe.scion.nl Encineer, resistered by the
Association of Professional Engineero of Ontario and hereinafter called the
"Otnler's Encineclo", to adrJinistc::: this Ag:::ecr;,',cnt, iihos,,~ dl1ticw :::'1'2 set out in
~chedule "I" hereto.
5.4 DES IGlI OF uom:~s
The Ouner agrees that the desi::';l: of: all tb0 \~or::c 5h::11 COLlI)ly ;:,ith the Design
Cri teria and 3tulldard Det.:d.l D;:mlin;;u of the TOT]):. h, the event of ~\n~l
dispute as to such standards 0:: hi. the event of .J.Ej' dispute as to such dcsi,sn
requirements, the decision of the Director shall De finnl.
5.5 APPROVAL OF EJJGIHEEllIHG DI~l!nr;,;GS
The Otmer shall, prior to the iosualce of any lmtho1:iz<::tion to C01Tll\lcr:ce Forks
as provided herein, have received the 1;,'ri tten .s.pproval of., the Di rector for all
drauinzs of all or the Harks hereili.af tel' cullc<i the "E..-,;;incel"in;:; Drmlings".
If no construction of the Harks h<ls cOl:;r::cnccc "i.thin t,JO (2) yec.1"3 of the c!.<lte
or approval of tIle Engincering :;:.'u,;-:ing;c, the ;:;ngii.1ccril1g Dj,oc,'\lin,;s ch.s.ll be
resu~1ittecl to the Director fo~ re-npproval a~d ::~~thcr revisions iz req~ired
by the Director, and no \:orl: shall be c1o~le unless in .:lccord'::iJ,ce ui th ::hc s.:::id
revised nncl rc-approved cravings.
5.6 APPRO\l;,;\L OF G.nJ;..DIrTG l:JTD DI':J\IITI.\GE PLJ:~lT
Tne Otmer shall, prior to the i.sSt:n1ce of any Authoriz2.tion to COf.rillCr;,ce ;;01'1:
as provided herein, hnvc received the m:i ttcn c,pp:;:ovrJ. of the Director of <1
plan, hereina:Eter cancel the "Gr",diti3 and Dj,'cin.::ge Plan", ,~ncl sh01:71ng thereon
the e:dsting drainage pattern 011 all adjacent lends, ;;:11 proposed g,,'cdinZ and
drainage uorkD for the said 1~llcl5, indic~ting the di~cction of ~ll su=face
drainage, including ~ntter froD adjaccr:t l.::m(:s ori[;i.l.?,lly flouing tb'Ol;gh, into
or over the said lends to the ;:,unid.pal st011:1 seueJ: sj'ste"l or any other outlet
approved by the Directoj:. This Crc,dins an.d D:r;:in':::2:e 71;:;.n [;h.?l1 he ;;:i)provcr2
and signed by the Director prio:.' to the cm,~;tj:,:,c-::iorl of all:;7 scrvic'23 or r02ds
011 the said Landz. If no constl."uction of the "orl:c is COL\L:C::1CeG -.:lithil". L,;o (2)
ye<lrs of the cl.:::te of approval of the Gz:c.diug .::r~ci D,,'c:iuc;;e 1'1:::.::, the G....::<1:.1:[;
and Drainage Plan shall be recut;',.:' ttcc; to the :Gi,,'ectcl' ::':01' ::eapprc.v'al onG
revision, if requil'"cd by tl4c Di::,"ec tOl" , c,i1c1 110 Ct.:C:: o tli Cl.. l7ol"1: chi-1ll be d011C
unless in ccccrdance ,'lith the :J~lid revised c:nd rc<;pp::ovcd d:i:r.:':7 il1[; 3 .
5.7 STAGING OF UOrJ:S
If tIle Ot'lner\'iisl1eD to construct aL1d install the 1,;orl~s and Utilities i11
stages, the ~-]11er s11(3.11, prior to tbe iSGU2.:::.C2 of C.11}' l.llthol....i:;ntiol1 to
COtnI.1ence Hort,s as hereinafter p::"o,,~i(;etl, l'repm:e 20r the approv;;:l of the
Council of the Tmm, a Pl'::ll hereina:Ete::: c.:'.lled the "Stc[;inG 1'1<::11" ~7hich
divides the PIcn into sta(;cs fo:... the c01.1ntructioL, 5.11:Jt~J.l1atioi.1 an.a
maintenance of the \701'1:0 and Utili.l::i_c~;.
-15-
'''The Osmer shall not proceed until such Staging Plan has been approved by
Council, and shall proceed only in accordance with such approved Plan, except
. 'w a-s' it may be subsequently amended ~'lith the approv.:ll or Council.
.
t
5.8 APPROVAL OF SCHEDULE OF HORKS
The ();mer shall, prior to the issuance of any Authorization to Comncnce \'York,
as hereinafter provided, receive the 1;1ritten approval of the Dir'ector of a
schedule (hereinafter called the "Schedule of Harks") 'iJhich sets out the
timing sequence in which the ();'7ner proposes to construct and install all of
the Works and Utilities and, 1;111cre the installation of the Works and Utilities
are to be staged the Otmer shall, prior to the Authorization to Cor;m~ence Hork
for each such stage, receive the ~Hitten approval of the Dh-ector of a
Schedule of Horks for such stage. TIle ();Jner shall proceed only in accordance
'i'li th the approved schedule, except as it may be subGcquently amended ui th the
approval of the Director.
5.9 APPROVAL OF COST ESTIHATE
The ();Jner agrees that, prior to the issuance of any Authorization to Con~ence
l~ork as hereinafter provided, the estimnted cost or construction and
installation of all of the Works, hereinafter called the '~lorks Cost
Estimate", shall be approved by the Director and entered in Schedule "J"
hereto. If the Tm~n has approved a Staging Plan for the said Lands, the ~~ner
further agrees that the estimated cost of construction and installation of the
Horks for each stage, hereinafter called a "Stage Cost Estimate" shall be
approved by the Director and entered in Scheuule "J" hel~eto.
5.10
REOUIrtEHENTS FOR AUTIIORIZATIOi'r TO C01JllEECE HOm:s
The Owner shall not commence the construction or installation of any of the
Horks ~lithout the written perrllission of the TO\m, hereinafter called un
"Authorization to COf.1menCe Horks". TI,e ();,mer shall only COf:rr-,1ence those Horks
permitted by the Authorization to COElnence Horks. In addition to any other
requirements contained herein, no Authorization to Comn1ence \lorks shall be
issued for any of the Horks until:
(1) the Plan has received final approval from the Hinister; and
(2) the Plan has been registered; and
(3) the ();vner has delivered copies of the Plans and Agreements as required by
paragraph 2.2 of this Agreement; and
(4) the ();mer has paid to the Tm-m any outstanding charges age.lnst the said
lands required by paragraph 3.4 of this Aereeli,ent; and
(5) the ();mer has conveyed to the Town any easements as required by paragraph
2.3 of this Agreement, and such easements have been registered; and
(6) the ~7ner has conveyed to the TO\ln any lands and paid any cash as
required by paragraphs 2.4 and 3.5 of this Agreement, and any such
conveyance has been registered; and
(7) the Otmer has delivered letters from the appropriate Public Utilities
Con~ission, or authority or company having jurisdiction, stating that
satisfactory agreements have been entered into ror the design and
installation of the Utilities as required by paragraph 5.2 or this
Agreement; and
(8) the ~~ner has appointed an Engineer as required by paranraph 5.3 of this
Agreement; and
(9) the ();~ner has received the written approval of the Director for the
Engineering D:tauings as required by paragraph 5.5 of this Acreement; and
-16-
. -,
(10'-) the Otmer has received the Hri tten approval of the Director of the
landscaping required as part of the Uod~s and more particlarly referred
'. to in Sc1;.eclulc "G"; and
(11) the Otmer has received the uritten approval of the Director of the
Grading and Drainage Plan as required by paragraph 5.6 of this Agre~nent;
and
(12) - not applicable -
(13) the (Xmer has received the 'Vlritten approval of the Council of the TOTJ1tl
for the Staging Plan as required by parcgraph 5.7 of this Agreement; and
(14) the ~~ner has received the written approval of: the Director for the
Schedule of Horl~s as required by paragraph 5.0 of this AGreement; and
(15) the Ot-mer has received the tlritten approval of the Director for the Horl,s
Cost Estimate and/or Stage Cost Estu1ate as required by paragraph 5.9 or
this Agreement; and
(16) the ~1l1er has deposited ''lith the Town the Perforruance Guarantee applying
to that stage of the Plan for uhich the Cll;mer is seeking such
Authorization to Comraencc Horks as required by paragraph 3.6 of this
Agreement; and
(17) the Otmer has deposited Hith the Tmm any policies of insurance as
required by paragraph 3.8 or this Agreement; and
(18) the Ouner has paid all To~m costs as requi;:eu by paragraph 3.13 of this
Agreement as of the date of thE! issuance oE the Authorization to Commence
Harks; and
(19) the Otmer has paid all costs due to the Town for oversizing 8.S required
by paragraph 5.27 of this Agre~nent.
5.11 REQUIREHEHTS FOn. AUTHORIZATION OF SUBSE~UEnT STAGES
If the Tmln has approved a Staging Plan for the said Lands, the Ol11.er shall
require an Authorization to COi::,,;,e:nce For1;s for c:2ch otage of the Plan. If the
TOim has issued an Authorization to COEl",1enCe Horks for one Stage or the Plan,
in addition to any other requirer.:cnts contc:ined herein, 110 Authorization to
Commence l']orks shall be issued for any subsequent stage of the Plan until:
(1) the Stage Cost Estimate for such stage has been approved by the Director
and entered in Schedule "J" hereto; ~nd
(2) the ~1ner has deposited with the T~vn the ?erfo~~lance Guarantee applying
to that stage of the Plan for ~.,hich the Oimer is seeking such
Authorization to COI,ltnenCe Horks.
5.12 INSPECTION AnD STOP 'i70llK
The contract \-lith any contractor employed by the ~mer to construct or install
any of the Horks shall provide that employees or agents of the l'~m may, at
any time, ltlSpect the wort, of: such contractor pertaining to the said Lands and
the Director, after consultation "lith the ~.;ner's Engineer, shall have the
pm'Jer to stop any such "\-lork in the event th2.t, in their opinion, t10rk is being
perfonued in a manner t1hich may result in a completed installation that "1Ould
not be satisfactory to the Tmm.
5.13
PROVISIONS FOP. COHSTRUCTIOlJ AND INSTALLATIOU
All of the norks shall be cons truc ted and ins taIled in accordance ui th the
Engineering Drmlings as approved by the Director. No variation from the
Engineering DraHings shall be pC1IJitted unless such variation is authorized in
writing by the Director. All construction outhe said Lands shall be carried
out in accordance with the regulations for construction as set out ill Schedule
"L" hereto.
5:14
-17-
SEQUEnCE OF COIJSTRUCTIOIJ 11m INSTfILLATIOlT
.. -....
1;11C O;mer shall, upon the issuance of an Authorization to COTJWence '!Jorks,
\. 'proceed to c"onstruct and install all of the Harks Continuously and as Required
by the .approved Sche'dule of ~'Jorks.
5.15
COHPLETIOH TIlLE FOR COUSTRUCTIOU lJ:TD WSTALLATIOn
The O;~ner shall, within two (2) years of the dute of the issuance of an
Authorization to Comr;1ence Horks, complete the construction and installation of
all of the Horks authorized in such l\uthorization to Commence Horks ,dth the
exception or the curbs, sideuulb3, final coat of asphalt, final lot grading,
driveway approaches, sodding and tree planting.
5.16
ADDITIONAL FACILITIES OR UOP1~ REOUIRED
If, in the opinion of the Director, any minor or incidental additional work is
required to provide for the adequate operation and functionins of the Horks,
the 0\-7l1er shall, until the conclusion of the maintenance guanmtee period,
construct or install such additional facilities and perfonn such additional
work as the 'rmn1 may request from time to time.
5.17
IHCOHPLETE OR FAULTY HOm:
If, in the opinion of the Director, the ~lner is not executinG or causing to
be e:;~ecuted the Hork required by this Agreement, in such a wmner that it will
be completed within the time specified for such cmr.pletion, or if the said
vlork is being improperly done, or if the Ovmer neglects or abandons the said
Work, or any part of it, before completion, or unreusonably delays the
e:;~ecution of the same, or if in any other "lanner the said Hork is not being
done properly and pr01:1ptly in full compliHl1cc "ith the provisions of this
Agreement, or in the event that the Otmer neGlects or refuses to do over again
any Work which may be rejected by the Director as defective or unsuitable, or
if the OtJner in any other manner in the opinion of the Director may default ~n
performance under this Agreement, then in any such case the Director on the
authori ty of the Council of the TmJl1 mc:,y notify the O;mer and his surety in
\'lriting of such default or neglect and uithin ten (0) clear dl'..}'s after the
giving of such notice or within such further period of time as may be
specified in the notice, the Toun Council shall thereupon have full authority
and p~ler immediately at its option to employ a contractor or such worl~len as
in the opinion of the Director shall be required for the proper completion of
such work at the cost and e~~pense of the O\mer or his surety, or both. In
cases of emergency, in the opinion of the Director, rmch \'lork r:lay be done
l:ithout prior notice, but the Otilner shall forthwith be notified. The cost of
such work shall be calculated by the Director, whose decision shall be final.
It is understood and agreed that the total costs shall include a nanagement
fee of thirty (30%) percent of. a contractor's charges to the Town (including
any charges for overhead and profit) or, if such \'7ork is undertaken by the
Tmln, thirty (30%) percent of all charges incurred to complete the work, it
being hereby declared and agreed that the assUl::ing by the Otmer of the
obligations imposed by this clause is one of the considerations without uhich
the Eunicipality ~.;ould not have e::ecuted this A[;Teelllcnt.
5.18
ENTRY FOP.. mmRGENCY REPAIRS
The ~7ner agrees that, at any time and frmu time to time, ~~ployees or agents
of the T~7l1 may enter the said lands for the purpose of making emergency
repairs to any of the Harks. Such entry and repairing shall not be deemed an
acceptance of any of the Horks by the Tmm, nor an assumption by the Tm'7n of
any liability in connection therffi1ith, nor a release of the Ot'7ner frma any of
its obligations under this Agreement.
5.19
DA1JAGES OR RELOCATIOn OF EXISTInG SED.VICES 01'.
NEIGIIDOURIl1G HELLS
(1) The ~lner a3rees to pay the cost of repa~r~ng any danages to any
services which, without limiting the generality of the foregoing, shall
include road, water, electrical, 8as, telephone, ccble television or sewer
systems, and the cost or relocating any existing services, caused by the
development of the said Land or any of the ~'lorl~ required by this Agreement,
provided all work is to be done
. "
-18-
to the satisfaction of the Director and/or authorities responsible for such
servlces. The Ot-mer further agrees to pay the cost of moving 8.i.1Y of the Uorks
~nstalled under this Agre~Jent, in driveways or so close thereto as in the
'.. opinion of tIle Director, will interfere uith the use of the drivetlaY.
(2) The O;mer agrees to, if the vlell or private ,'later supply of any person
outside the Plan is interferred with or dmJatcred as a result of the
construction or installation of the Harks:
(a) Hhere the interference to a well or private 'mlter supply is of short
term duration (i.e. during the course of d~Jatering and excavating
and ,'7ithin one month of the completion of <leuatering) make available
to the affected party, a temporary supply of "ater at no cost to the
affected party; or
(b) where the interference to a vJell or private ,later supply is of a
long telin duration, at the option or the Ovmer ~md at his expense,
connect the affected party to the 1'o\-7n \'7ater supply system or'
provide a ne\J l1ell 0.... private ,'later syste';n so that water supplied to
the affected party shall be of a quality and quantity at least equal
to the quality and quantity of "~ater eajoyed by the affected party
prior to the interference.
5.20 USE OF i'lORKS BY TOUH
The ~mer agrees that any of the Horks may be used by the Tmm or other
authorized persons, for the purpose for uhich the Horks are designed. Such
use of any of the Horks shall not be deened an acceptance of any of the Horks
by the Tmin nor an assmnption by the T~]n of any liability in connection
therewith, nor a release of the Otmer from (my of his obligations under this
Agreement.
5.21
HAINTElTANCE OF ROADS AFTER COHPLETIOli
(1) Notwithstanding any other requirement 1.n this Agreement to maintain
the Horks, if any building on the said lands is occupied, the cr..mer shall
maintain all of the roads, lThich are required to be constructed and \]hich
provide access to such building, until a Certificate of Acceptance has been
issued for such works. TIle ~7ner shall:
(a) maintain the roads at all tin:.es in a ,'lell drained, dust and mud free
condition, fit for all nonnal vehicular traffic, to the approval of
the Director; and
(b) during the course of installation of the Works aud Utilities provide
and maintain safe and adequate access to all occupied buildings;
(2) The T~in agrees to snm7plm7 and sand ncv paved subdivision roadways.
Until the roadways are vested in the Town the ~7ner shall pay one hundred
percent (100%) of the actual cost of snmlplo,;]ing and sanding such new rond"lays
within the plan of subdivision.
(3) The provisions of any \'lork or service by the '1'oun under paragraph 5.18
or subparagraph (2) of this paragraph, shall not in e.n)' vlay constitute
approval or assmuption of the road and the road shall not be deemed to have
been assumed until a Certificate of Acceptance has been issued.
5.22
llEQUIREHENTS FOR CERTIFICATE OF COliPLETIOE
The ~mer agrees that the construction e.nd installation of any of the \-Jorks
authorized in an Authorization to Commence ;,',;orks shall not be deemed to be
completed for the purposes of this Agreement until the Director has provided
the O;'111er ,'lith ,.;ri tten confinaation thereof, referred to herein as a
"Certificate of Cor,lpletion". In acicli tion to any other requirements contained
herein, no Certificate of Completion shall be issued until:
(1) Such of the Harks autharizecl by the Authorization to COElmence TJarks,
for "hich a Certificate of Completion is required, have been inspected by the
-19-
. -Direc,tor, and the Town Council has approved the uritten report of the Director
that such Works have been constructed and installed in accordance ,lith the
l~test version of the Engineering Dr2Eings approved by the Director; and
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(2) 'The Tmm is satisfied tlwt, in respect of the construction and
installation of all of the Horks authorized by such Authorization to commence
Horks, there are no outstanding claim.s relating to such Harks.
5.23
PERIOD OF REOUIRED Hi\.Ii1TENAHCE OF HOrJZS
TIle ~Jner shall frm~ the date of the issusnce of a Certificate of COL!pletion
maintain all of the Horks covered by such Certificate or Completion for a
period of nlO (2) years.
5.24
REOUIREi:1EliTS FOB. CERTIFICATE OF ACCEPTAYiCE
TIle ~mer agrees that any of the 17ork5 covered by a Certificate of Completion
shall not be accepted, nor deemed to be .?ccepted, for the purpose of this
Agreement, until the Director has provided the ~lner tlith written confinnation
thereof, referred to herein as a "Certificate of Acceptance". In addition to
any other requirements contained herein, no Certificnte or Acceptance shall he
issued until all of the l':orks covered by such Certificate of Conpletion have
been inspected by the Director <:'.nd the Tmm Council has approved the ,'7ritten
report of the Director that all such Wort5 have been caintained to the
approval of the Director for the period set out in paragraph 5.23 of this
Agreement.
5.25
OHNERSIIIP OF HORKS BY TmnT
The ~qner agrees that, upon the issuance of a Certificate or Acceptance, the
mmership of all of the Horks covered by such Certificate of Acceptance shall
Rest in the TOtm and the ~mer shall have no right or claim thereto, other
than as an ~mer of land abutting a road in which such 'Horks are installed.
5.26
REQUIREMENTS FOR CERTIFICATE OF RELEASE
Upon compliance t-1ith subparagraph (1), (2), and (3) hereof, the Toun agrees to
provide the Otmer uith a vlritten release for the said Lands, referred to
herein as the "Certificate of Release", in a ronn suitable for registration or
deposit in the applicable Registry or Land Titles Office. In addition to any
of the requirements contained herein, the Certificate of Release for such
stage shall not be issued until:
(1) Certificates of Acceptance have been issued for all of tbe Horks;
and
(2) a registered Ontario Land Surveyor, approved by the Tm1n, has
provided the Tm~n with written confin1ation that at a date not
earlier than the end of the maintenance period described herein,ha
has found or replaced all standard iron bars as shm1n on the Plan
and survey monuments at all block corners, the end of all curves,
other than corner roundings, and all points of change in direction
of roads on the Plan; and
(3) the Tm1n Council has, by resolution, declared that the ~lner is not
in default of any of the provisions of this Agreenent.
The Certificate of Release shall operate as a discharge Or the hnd described
therein of all obligations of the Otl11er under this Agreement ~lith the
exception of the ~lner's responsibility for drainage as provided herein and
the ~1nerls'acceptance of the conditions for applying for Town building
pelLili ts as provided herein.
5.27
REQUIREMENTS FOR OVERSIZED EXTEPJiAL SERVICES
(1) In the event that the ~mer is required to instal oversized services
(hereinafter called "Oversized Services") or nervices outside the limits of
the Plan of Subdivision (herinafter called the "E~=ternal Services") uhich are
more particularly set out in Schedule "I''' hereto, the Town agrees that upon a
developer of lands outside the Plan of Subdivision connecting to such
Overnized or External Services, to pay to the ();mer that portion of the cost
of the Oversized or E~=ternal Services (which i.s also set out in Schedule liP")
that is equal to the proportion of the e~=cess capeci ty of such Overnized or
External Services which is estll~atcd to be utilized by the developer. lbe
.. .......
-20-
e:~cess capacity of such Oversized or E::terr..a.l r'er.\I~ices 8110.11 be tl:.e capacity
of i3uc11 Gerviccs enti:!~atecl to be [:;..railable c.fter the C\rner llD.S fully developed
,tl1e lands. 'I'he portion of such O"l:Jcrsizecl 0:-: E:;;:.tei:-nc..l Scr'l!lices GstiLlatecl to be
utilized by ~ developer of lauds outside the PIon of Subdivisio~ shall be
calcul:Hed by the Director, whose decisior.l 81;.::.11 be final. In detcj:J:.d.ni.HS the
cost of Over-aized or E~:tern[,l Ser'Jices there chnll be p,dded an::\l,all:l froL: the
first al1nivcrs8.~4Y or tI1e issuinG of th.e Certi.fic<.-:..i.:e of COLlpletiol"i. to the costs
set out in Scl"lcdule "p" a SUT;.1 eqt:'.o..l to the i~.1te1:e8t on 1:118 C:E.~Ot:.tlt of t11c
unpaid balance fro;::. tir,1e to tiDe of the cost of the Overnizecl or E:~ternal
Services cnlcultlted frOTJ tl~e (~~:te O~:!.83u[:.ncc of tl'le Certificntc of
CO!Ilpl etion, at t11c hic11e 5 t P1."iL:C 1 ell-dins :''"0 te cllnr[;ec1 dl1.rirl2; t11c~ previot.18 year
by tIle Banl~ of r-:011tre3.1 at itor.1ni11 l}l--Cl1.ch in tile Ci_ty of Toro11to, plus 1:\-;0
percent (2~:,).
-""
(2) In the e"lent tlli.1t payment in rf~q1Jil"'ed to 1::.e j-:;.cde UD.ccr tllis pal.asrapl1 by
tIle TO'tv11 before the iaSUat1CC of c. C,=rtific~"'..tc of Cor::plction, no interest shall
be added to the cost of Oversized or E~ternal Services.
(3) In the e'\lent tl1at paYft'tC11t ic re(!u:Lrc(;. to be l.l8.C:C tl11dcl" this po.l"'a:::;.l"np11 by
the Tm}n before the first anniversary of the iGsuance of the Certificate of
COfapletioll, interest shall be cc:lculated at the highest priw::! r:::te enD.reed by
such Rank, plus tl70 percent (2~n froLl the elate of issuance of the Certificate
of Completion to the date of pcysent. Interest shall be calculated on a per
diel!l bacis to the date of raY:l12nt.
5.28
RES POlIS In ILITY or SLID SE0U2~T' O~:I:Er,S
Even after t11e iSSUE~l1.ce of (2 Certificr..tc of I:eIc.G.s2 the rezistc:tcd Oi:TL1Cr of
caell lot 01'" l)locl:. on. t11e Pl~::l G11~~11 1.1t.~"',.rf2 ti.1G Gole rcspol"lsibilit:.-:" rOl" tl:c
folloNing:
(1) Pt.~rSttfi.11t to Scb.cdulcs "0" c1.11d "Q", tIle re(';.;istercd Q,,;;}!'!er
311::111 prepare and subrnit to tIle TC'\:7TI of IJe~}caGtle ~~r:d the Ce11tral
Lake Ontario Consel"vction Lutl..o:ri ty, n ni te plan indicL:ting e::istinG
and proposed graces, site dr~incsc, vccet~tion to be pTGSerVeu and
the location of all buildinss and structures, sll of uhict shall be
in accordance ~ith the approved tree Gurvey for cnid lots.
(2) TI1e registered mJner ohdll be responsible for the
installatio1,.1 of (1 dri'fJ'e~}[lY el1trc~ncc, ir.!.cludir:g the i11stc.l1ation of
all necessary drivmJ~Y culverts in ~ccord~nce with the TmJn of
!1e\'lccstle' s Entr~;.l:.ce\";::y Pol icy
(3) The registered ouner 5h,,11 p:;:ovide an indiviclt,al drilled
well and a private sani tary 'i7aste disposal system to the
satisfaction of the Durh~l rezional ~eatll Unit.
(4) The registere0. ounei' shall be responsible for the
installotion of underground secondary hycl:ro service to the duelling.
(5) '1'11e registe:;:ecl miner or Lote 1 to l:. inclusive, and Lots 12
to 26 inclus ive shall submi t to the TO':71: <:nd the Cer:tral Lake
O"ntario COll.servatior: t.utllor:i.ty lot zrc.cli!'l[; plnri.s e.ne: buildil1G
location pl:1ns ar:cl cb~:11 cc:'.rr:r Ot-~t tIle zr~clillg of sc1.id lots to tIle
satisfaction of the :~O:7n t.nci the Centl",:tJ. I.al,e Ontario Conservation
Authority, and no 01-adil?L 0::'" filling s~:al1 occur on the said lots or
any other lot or lote ui thin the plan ';li thol1t the ~7ri tten pe:L"Di:::siol1
of tl1c Celltral :Lal~e Ontz_rio COI;,sel.'",.Tation L\u.tho:"'i ty.
1!Or.I~S DEP;J.r.:rI.D~~:TT
-
PL!1TI:III1G DEPl.r:T'L~gr.7T
-21-
III ~!lll~ESS t'n:EP~EOF the p.:trtics l:c:::e:to
... t.Jl<! da~l and yea;: :::irst aDoilc ~::,,"i ,: ~C~l1
.. affb:ed their 'Corpor:~tc nc.l1r.: I)";::..e
eutl!orizdd in th~t bch~lf.
SIGlmD, 8ELLI:D _^l~D ~r.LIVgr:m',
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I1L'.::.d~ of i:be
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly Authorized Attorneys in that behalf dated this 22nd of August, 1983.
Witness:
Power of Attorney registered on
September 4, 1981 as No: 1018
AL BANK OF CANADA
BY its Attorneys)
}Y
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Newsome and t'lilbert, Limited
~'orm.lQ07
Combined Forms: Affidavit of Subscribing Witness
Age and Spou.al Status
\.
-see footnote
.See footnote
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
RICHARD J. WOODLEY
of the
City of Oshawa
Regional Municipality of Durham
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at Oshawa by RALPH S. JONES, TRUSTEE
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the City of Oshawa
in the Regional Municipality of
Durham
)
RICHk~E;
this 9th
. WMre II IlCIrll/ ia "ftable to read eM i...I"'.......t ar wllm'e II IlCIrll/ Iri~ hI/ .....ki,,11 hia .....rk ar i" loreitrn eMructera ad4 "III""" .net"'.......t Iwzd h..... reud to /r.i...
lItIIl M IIPJMl1red llIUl/ to "ftder8flltld .c". Wllm'e eUCllted tmder II power of IItCornet! ....ere "(..._ of lIttonIeIIJ III tJttonletl far (....... of IlCIrlI/J"; lIftd far Mze
clo_ lIIb.tittlte "I wrill/ helie17e that eM """8011 WMH "'11...ture 1 witn""" tDCU lIuthori%ed Co """""'te eM i...C"'.......t III IItlomel/ far (M_J".
.u.~.
_ footnote
Strike out
inapplicable
daUllell.
.. Not. .
_trlmonlal
1Iome, ete..
_ footnote.
Resident of
Canada. ete.
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
I / n
RALPH S. JONES, TRUSTEE
of the
City of Oshawa
Regional Municipality of Durham
in the
(IIM!1QIIly) make oath and say:
When I / ~ l'xecuted the attached instrument,
I WAS / :mI!KWXXKZlA1CX at least eight~n years old;
and within the meaning of cla.usel (f) of the Family Law Reform Act,
(.)---I-.:w.AB--I--I-~-1t-SpOU~
~~~________________________________~M~~~._
(~_.YlejU'r" "pnn.",,, .DLOlI&.aDOther.
I was not a non-resident of Canada in accordance with the meaning
of Section 116 of The Income Tax Act (Canada).
(~~m SWORN before me at the
City of Oshawa, in the Regional
Municipality of Durham
)
~
.hi, . ~o~:..~~:,~f,o. ~~:~~,~:.~~..(~83 _'
':Hl.ll1l.Jwn ,'.EY_ II Commissioner eft..
.Note: Where IIff1.M1riC ia mode by IIn IIttorni/,C~~..I_ IIIi4lI iliipo.e. (a.) t{,;;.t the party wa.e lit Ie""t eil1hteen year. of 411e a.t the time of
e.,ecution 01 the power 01 4tt"""6ll; (hJi!!.tJJ IhAr_r. ~",. ....,.akl-...he t.me of e.,ecution 01 the i...t".......,t; 11M (c) tha.t the
J>OtDer of a.ttornq is in llIU fore. aM e~t'IHY'Jt.w.Ao een revoked.
llarr1ster~ E~res July 12. 1985-
.. Not.: See el....... ~.t(') (h) (c) and (d) 01 €lie ,.,II....ll/ Law Refar... Act. 11 .pou.e does "ot join in or eotlSent, either ....ert e.,pla....tion or c0m-
plete II "pllrate a.ffidlJvit.
LAND 'l'I'I'LES ACT
AFFIDAVIT OF SUBSCRIBING WITNESS
to
..
It
of t.he
t
Linda D. Sormdy
City of North York
Regional MUnicipality of Metropolitan Toronto
in the
mllke llath and say:
1 am a subscribing wltnes8 to the attached instrument and I was present and saw it
exeell ted a t Toronto by P. N. :Bedard and J. L. Nicholson
as attonwys for 'rhe Royal Bank of Canada.
1 w~rily' b"lipve that the persons whose signatures I witnessed WAre authorized to execute
l.he illHtt'UlUcnt 118 attorneys for '1'he Hoyal Bank of Canada.
I know the aaid persons and they are, and at the time of the execution of the instrument
Senior Manager, Lending Services and Manager, Lending
they Wf're t a -
RAT'Vi~PQ
respectively, of' The Royal Bank of Canada.
I am an employee of The Royal Bank of Canada and as such have peruonal knowledge of the
matters deposed to herein.
SWORN BElo'ORE ME at the City
of Toronto i.n the Munic ipali ty
of Me tropol i tan Toronto this 22nd
day of August, 19 ~
Ronald James Peters
A Commissioner, etc.
for taking affidavits
Province of Ontario for
The Royal :Bank of Cana
Expires Jrme 29, 1984
AN AFFIDAVIT AS TO POWER OF A'M'ORNEY
I,
of the
in the
mtlke oath and say:
1. I am one of the attorneys for The Royal Bank of Canada under Power of Attorney
registered as No. 1018 in the land Registry Office for the Land Titles
J. L. Nicholson
City of Toronto
Regional MUnicipality of Metropolitan Toronto
Division of
Newcastle
2. The Power of Attorney is in full force and effect and lli~s not been revoked.
~WORN Bf:F'ORE ME at the Ci ty ~
of Toronto in the Municip'l.lity j
of Metropolitan 'roronto thie 22nd
day of August, 19 ~
.
n ) /J 7" ~
"7. :-s......~....,. ~........
Ronald J~es Peters
A Commiss~one~, etc.
for taking affidavits
Province of Ontario fo
The Royal :Bank of Can
Expires June 29, 1984.
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:,CCCDULE IS SCHEDULE "N' to the A~reenel1t ~}hich has been <luthorized and
.oved by IJy-l.:1~'1 no. 33-76 of the Corpor~tion of the TO\m of l";'e\]cLlctle,
~~ tee and passed the 2l:,th rl:1Y of 1:ay 1983.
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LEG!1-. D:SC;::'IPTIOF or SAID LAllDS
(by Reference Plan)
~
III HITlmSS mnm.EOF the parties hereto l-.eve hercUl1tO set their 11&n(:s and seals
the day and year first LlboV2 uritten ,::,nu the ~articc heL'eto lu:ve i,creunto
affi::::ed their corporate sc.:-,lc by the l:~nC:s of t:lCi:i." ]?L'oper office:;,-::; duly
authorized in that behalf.
SIGi:!ED, SEf.J..ED AND D;:LIVEI:ED
In the presence of:
) =1"'-' c~nD^~'~'-'T01T C.~ ,","',-' "1'0'1'1 r:r. ""''''C''C''r'TT'
J.i.l:.t \....'.:....J;-\,:;1.;.,~..:...i....:.. 11.1 .l.Ll....;.o ~',.;. UJ..1 1..;....1.; 1.4W':'J..,,~
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TN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
uy duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
W7~
Power of Atto~giBtered
September 4, 1981 as No. 1018
on
AL BANK OF CANADA
By its Attorneys)
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TIUS SCi:ICDULE IS SG11EDULE "A" to the A::;reencl1t ~]hic~l has been nuthorized and
- ,at>proved by ny-lo"-1 lTo. 83-76 of the Corpol'ntioa of tile Tovn of l;e-;lcnctle>>
\. enacted and ,passed the 24.th d,."y of i:ay 19f33.
..
LEG!:.!. j)r;SC;::IPTIO~; or ~i\I]) LLlrrs
(by rrefercucc Plan)
ALL AND SIIWUl.Ar. thr.t certain p::rccl o:~ tr~:ct of l:lil{~ .:;ud Pl'CllllDC:;>> tJitu,ltC>>
lying and beins in the '!'~m oi: i:u',:c," [j tl e. in tb:.: 1:(;;':'Lo:1.:'.1 hmic;;.nli ty of
Durhnm (rol"merly in the Geo~r<lpl1ic TC?7l1slti;l of: ))a:::lin8.tOl~) ~)eiri:'; p.'1rt of Lote
32 and 33>> Concession 3>> and pnrt of the ~ond Allmi~nce bC~lccn Lots 32 and
33>> COl:cession 3, of the caia Ceo[;r<J.phic '1'm/l1s:1i:1 of Derlil12,tcm>> ~
.pa1!'tiel:llsrly t!cs~ni],{.a as PL'" t" 1>> ~ ,:u.(l :\, n.,L.. lO~ b.Li-.t 7 -r:;L.. n-L....t:...
t /l.-....R. 3::"-.l. I ,A...d-":"'" C"". ~ ~~ -r .1.... (E;)--~"': H ..
III HITlmSS mmr..EOF the parties hereto l-.;::ve hereunto eet their h.::nc:s and se<,-l:::
the dB;' nnd year first above \,!ritten c,ml the ;~<1rtice hereto lu:ve i.crounto
affh:ed their corporate se.:-,l~ b:' the L":lH':S or t:lcir p....oper officers duly
authorized in that behalf.
SIGnED>> SEALED 111m D;3LIVEr.Ei)
In the prcseuce of:
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Power of Atto
September 4, I
registered on
as No. 1018
these presents to be signed
22nd day of August, 1983.
IN WITNESS WHEREOF THE ROYAL BANK OF CANADA
by duly authorized Attorneys in that behalf
Witness:
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PLAN
OF PART OF
AND PART
LOTS 32
TOWNSH I P
TOWN
REG IONAL
SCALE
SURVEY
a 33 , CONCESS ION 3
ROAD ALLOWANCE BETWEEN
CONCESSION
DARLINGTON
NEWCASTLE
MUNICIPALITY OF DURHAM
C. F. FLEISCHMANN J O.L. S. , 1983
OF
LOTS
THE
33
32
OF
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OF
OF
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In
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now
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METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048.
CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION
WITHIN THE MEANING OF THE PLANNING ACT.
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I REQUIRE THIS PLAN TO BE
DEPOSI TED UNDER THE LAND
fI rLES ACT.
PLAN IOR-:.~___
RECEIVED AND DEFQSITED
DArE _11/17' ~~1~1.__
DATE________
~\~~
3IGNATUR!
c-"'.;C. /:::: Le / r C,L./rl/1'vA./
LAND REGISTRAR FOR THE LAND
TITLES DIVISION OF NEWCASTL E.
(N9 10)
APPROVED_____ __
EXAMINER OF SURVEYS
H - 7539
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NOTE
BEARINGS ARE ASTRONOMIC. AND ARE REFERRED TO THE N 18051' 30'"W OF
AN EAST LIMIT ('.I 'THE TRAVELLED ROAD AS SHOWN CN PlAN BY
M.D. BROWN O. L.S,. DATED MARCH 22. 1966. JOB
TO ~ST. N~ 64280
ST ANDARO IRON BARS , SHOWN THUS
16mm. sq. IRON BARS ,aOem. LONG I SHOWN THUS
2Omm. DIA. ROUND IRON BARS, 60em. LONG, SHOWN
MONUMENTATION FOUND
MONUMENTATION PLANTED
I CERTIFY THAT
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
TH EREUNOER.
2, THE SURVEY WAS COMPLETED ON THE 6 th DAY OF APRIL , 1983.
MAV 4 I
~"~~JVA~
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
1983
DATE
N9 66026 AND
ATTACHED
THUS
SIB
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I B 0
.
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DONEVAN a FLEISCHMANN co. LTD.
ONTARIO LAND SURVEYORS
II ONTARIO S't, SHERIDAN MALL,
OSHAWA, LtG 4Y6. PICKERING.LIV IBS.
120.4790,683.3101 839. 8693
~--~-~~ ---
DRAWN BY: m,s.HC.S.T) CHKD, BY: a.c. F. SCALE - I : 2000 JOB N9 '44740'
-23-
\.
TIllS SC;HEDUI':E IS SCHEDULE "n" to the f..::.;recr~ent 'lhich has bc:ml :.uthorized :c.nd
approved by Dy-L3:tl ITo. 83-76 of the Corpor<:!tion of the Tmm of ;;e:uctlstle,
enacted und passed the 24th day of Ea:,;, 1%3.
PLB! OF SUnDIVISIO~
(copy of final pliD.ll prior 1:0 re;::;iotr:1tion)
HilS !\"l'J:l~G::I:DU
In HITl!ESS UImp.EOF the partier. hereto il(;VC hCj~Cllnt() cet theii." h;,nds and seals
the clay and year first abov,c '\71"i ttcn ~:ncl tiw i);n-ticE; hCrclto il.?VC hereunto
affi:;ed their corporatc Denlz by tl;c hnl':clc of their proper officers C:ul)'
authorized in that behalf.
SIGNED, SEf~ED P1ID DEL!VE~ED )
In the presence of: )
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OF TEE
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd of August, 1983.
RO AL BANK OF CANADA
(. its Attorneys)
Witness:
Power of Attorne egistered on
September 4, 1981 as No, 1018
52~, /~-U~'-J
PLAN
OF PART
AND PART
LOTS 32
TOWNSH IP
TOWN
REGIONAL
SCALE
OF
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THE
33 CONCESSION
DARLINGTON
OF
MUNICI PALl TY OF
2000; C. F. FLEISCH MANN ,
32
ROAD
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a
OF
,
now
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100m
1
METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048.
RllA 0
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in
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I CERTIFY THAT THIS Pu\N 10M-____ IS REGISTERED
IN rHE LAND REGISTRY OFFICE FOR THE LAND TITLES
DIVISION OF NEWCASTLE (N210)AT_____0'CLOCK ON
r H E ___.____ DAY 0 F___ __ _ _ _ _ _, I 9 h_ _ _ I #-\N D c: N T ERE D
IN THE REGISTER FOR PARCEL_________1
S E C fI 0 N _ ___ _ _ __ _ _ I AND R E QUI RE D CON S EN TS AND
AFFIDAVI TS ARE REGISTERED AS PLAN DOCUMEN r Nq
LAND REGISrRAR
APPROVED--- -- - --. --- --- - ----------
EXAM' N ER OF SURVEYS
NOTE
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OWNER'S CERTIFICATE
I. THIS IS TO CERTIFY THAT LOTS I TO 26 t BOTH INCLUSIVE, BLOCKS 27, 28 8 38
THE STREETS , NAMELY KRESIA LANE AND GEARING. SLANE
THE STREET WIDENINGS ,BLOCKS 29 130 .31 . a 32 . AND THE RESERVES .
BLOCKS 33, 3,4t3~,J6,a 31 ,HAVE BEEN LAID OUT IN ACCORDANCE WITH MY
INSTRUC TlONS;.
2. THE STREETS AND THE STREET WIDENINGS , BLOCKS 29,30 ,3 I t a 32 , ARE
HEREBY DEDIICATED}S PUBLIC HIGHWAYS.
....
DATED AT OSHA'NA THIS___DAY OF____._______.___, 19--_,
GEARING
FARMS LTD.
PAUL GEARI NG, PRESIDENT
SEAL
APPROVED BY THE COMMISSIONER OF PLANNING PURSUANT TO BY. LAW Ng
184 - 80, AS AMENDED, OF THE REGIONAL MUNICIPALITY OF DURHAM ON
TH E ___ ___ DAY ('j ___ _ __ -- --- - -, 19 ---.
COMM ISSIONER OF PLANNING
APPROVED BY THE CORPORATION OF THE REGIONAL MUNICIPALITY OF DURHAM.
IN WITNESS WHEREOF THE CORPORATION HAS HEREUNTO AFFIXED ITS SEAL 1
PROPERLY ATTES'TED t THIS__ __DAY OF_---- __,19__.
REGIONAL
CHAIRMAN
REGIONAL
CLERK
SURVEYOR'S
CERTI FICATE
I CERTIFY THAT:
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND n TLES ACT AND THE REGULATIONS MADE
TH ERE UNDER.
2. THE SURVEY. WAS COMPLETED ON THE DAY OF
DATE
C. F. FLEISCHMANN
ONTARIO LAND SURVEYOR
NOTE
BEARINGS ARE AS'TRONOMIC AND ARE REFERRED TO THE N 18001' 3011 W OF AN
EAST L1MI T OF THE TRAVELLED ROAD AS SHOWN ON PLAN lOR -
TOWN OF NEWCASTLE, REGIONAL MUNICIPALITY OF DURHAM.
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FLEISCHMAN N CO. LTD.
SURVEYORS
SHERIDAN MALL,
PICKERING,LIV 18a,
839.8693
STANDARD IRON BARS, SHOWN THUS
16 mm. SQ. I RON 8A RS ,60cm. LONG ,SHOWN THUS
20mm. C4A. ROUND IRON BARS, 60cm, LDNG. SHOWN mus
MONUMENTATION FOUND
MONUMEN T A TION PLANTED
DON EVAN
ONTARIO
II ONTARIO 81:,
OSHAWA, LIG 4Y6.
725 .479~ , 683.3701
LAND
DRAWN BY: ms,j.(c.s.r CHKD, BY: G.C.F. SCALE - I: 2000 JOB NQ 1- 4740F.
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TIllS; SCIrEDULE IS SCEEDULE "e" to the !I,~..'ecLlcnt uhicli 112.8 bccll ':-cu,:hori;,:c(i and
approved by ny-1m" ITo. 33-76 or the ~~orpor~,tion ol: the Toml or U(;':;cantlc,
,_ 'enacted qnd passed the 21~th d::y oE [fa:,', 19!J3.
.
CII/.r.GI~S L\Gt.IT:ST' :11\ID LlJ:DS
(1) HUNICPAL TAXES erIL)
(2) LOCf...L IilPP.OVm:r::lTT ClIL'l'.Gr:s (En.)
(3) DRAINAGE CI!Ar:CES (iiIL)
HI 'HTm~SS \mEr.EO~ the parties ~":lreto 1;[:'.10 Lereur,to set thei;: h~:l!(~[; J,nd G021c
the day and year first above urittcn ~li,d tb:! partie:.; hereto k:vc hereunto
affi:~cd their corporate seuls 0~T the l;'::11ds of thci:>." l)l"oper officer:; Guly
authorized in that behalf.
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
SIGm:n, SEALil:D .UID DELIVERED
In the presence of:
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Power of Attorney registered on
September 4, 1981 as No: 1018
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,TIns SCHEDtJ1..E IS SCHEDULE "D" to the Agreement which has been authorized and
, approved .by By-1m.] Ho.33-76 of the Corporation of the To,]U of Eeucastle,
enaC'ted and paGsed the 24th day of Hay 1983.
DEVELOPEr-NT ClU\.RGES
The Ot-mer shall pay to the Tmm development clw.rses in the ar:lount of
$15,600.00 (calculated at the re.te of $600 for each c1c'iclling unit) \lhich shall
be paid as fol1mls:
25% of the aforesaid sum forthwith upon the date of execution of
this Agreement
25~~ of the aforesaid sun at the date of the issuance of the building
permit for the first duelling unit.
25% of the aforesaid sum on the first anniversary of the issuance of
the building pe~lit for the first dwelling unit, or upon the
issuance of the building pennit for the fourteenth dwelling unit,
vlhichever date is sooner.
the remainder of the aforesaid sura by way of cash or an irrevocable
letter of credit twenty-four months fol1mling the issuance or the
building permit for the first dwelling unit or upon issuance of the
building permit for the final unit, ,'7hichever date is the sooner.
For the purposes of this Schedule and this Agreement development charges
actually paid to the Town shall be applied in the first instance on a pro-rata
basis against all lots or blocks \7ithin the Plan upon uhich it is contemplated
by this ~~reanent that residences shall be built, but upon the issuance or the
first building permit and thereafter, the development charges sh&11 be first
applied in full satisfaction of the developraent char::,es ouing en lots or
blocks in respect of ",hieh buildinG; permits have been issued and the baLmee
of any development charges actually paid to the TOI,m (if any) shall be applied
on a pro-rata basis against all lots or blocks ~'7ithin the Plan upon uhich it
is contemplated by this Agreenent that residences shall be built but for which
no building pernit has been issued.
For the purposes or this Schedule and this Agremncnt the number of building
permits issued shall be the aggregate of all building permits issued with
respect to any lot or block ,.]i thin the Plan "hethel' issued to the ();mer or any
other person.
The Tmm shall revie-;'l the schedule of development charges annually and shall
adjust the amount of the develo~ilent charges in accordance with the increase
of capital costs as may be appropriate using the Southam Construction Index
for calculating such adjustments.
-26-
The, (}"mer hereby ac1moHlec1~es and .::<:.rc~c::; to such <".l\fll.'.<.ll cdj usi:::~,cnt 2nd further
acrees that such ~djusted developli1cnt char:;cs ch<lll be ~,pplic.:1blc to all lots
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\.. 'or block13 III tllln the Plan for uhich de:vclofJ..lcnt ch.::\r2,cn rc;wia cue.
In UITlmss 17IlEP,EOF the parties hereto 1:'::'10 hel"<~Urlto set their hands ~,nd seds
tho d.:::y end ;"031' first above t,JL-i t len ;:'.~~,(: the: partie::: hereto hcvc hereunto
affb:ed their eOl"pOrcte sec.lc 1;;, the h:::nclc of thC:i.l' proper offieerc tIuly
authorized in thot behalf.
SIGHED, f,E~'\LED fJ1D m~LIVEr:.ED
In the prczcnee of:
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IN WITNESS WHERIDF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness:
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L BANK OF CANADA
'ts Attorneys)
Power of Attorney egistered on
September 4, 1981 as No: 1018.
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Tlris SCHEDULE IS SCHEDULE "E" to the P.;:;reement uhich h<213 been ~..uthorized and
, approved by By-1n~r ITo. G3-76 of thc Corpor:1tion of thc TOUH of neuc.:lst1e,
ena~ ted and pncaed the 2/,th day or ~1ay 19C.3.
GP.1:J:1TS or n:LSEiIT::TTf:. TO PI:: m~DICLTE:!)
The at.mer ahal1 deliver to the 'fOHn in .: for.;1 catisf[~ctory to the TOim,
eosencnts over the foll~1in3 lands:
(by reference plen)
Parts 1, 2 &ud 3, rl~n lCU-
HI HITNESS iiHr:EEOF the pnrtiea hereto h.-we hc....cunto set their hnndc ::'.r~cl sca1s
the day and year first above ~lri t ten e.nd the p:lrt;.(!C hereto h.:;vc hereunto
affixed their COrpOl"ute neals by t1..c hnndG of tbeir proper office::s Guly
authorized in that behalf.
SIGHED, SEALED MID DELIVEIU:.:D
In the presence of:
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness:
P6W~ ~atered on
September 4, 1981 as No: 1018.
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PLAN-
MATERIAL
PLASTIC MATERIAL - MYLAR
GAUGE 0.003 INCH
PROCESS - PHOTOGRAPHIC
INK SPECIAL ITI
PLAN
OF PART OF LOTS
TOWNSHIP OF
OF
SURVEY
23 a 24 AND PART OF BLOCK 27 ,
DARLINGTON t now In the
PLAN IOM-
TOWN
REGIONAL
SCALE
OF NEWCASTLE
MUNICIPALITY OF DURHAM
I I 750 ; C.t=: FLElSCHMANN t O.L.S. t 1983.
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PLAN 10M-
DARLINGTON
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I REOUIRE THIS PLAN TO ~
DEPOSITED UNDER THE LAND
TI TLES ACT
PLAN IOR- ___
RECE IVED AND DE PO S I TED
DATE_______
DATE _______
"GNArURE
LAND REGISTRA R FOR THE
LAND TITLES DIVISION OF NE'l.CASTLE.
(N9 10)
APPROVED_______
EXAMINER. OF SURVEYS
IICAU TION II THI S PLAN IS
WITHIN THE MEANING OF
NOT A PLAN OF SUBDIVISION
T~E PL ANNING ACt
"
METRIC: DISTANCES' SHOWN ON THIS PLAN ARE IN METRES
AND CAN BE CONVERTED TO FEET BY DIVIDING BY O' 3048.
NOTE
BEARI NGS ARE ASTRONOMIC AND ARE REFERREDro fHE N8Io20'4Q"W OF
:mE LIMIT BETWEEN LOTS 23 a 24 , PLAN 10M - , r OWN OF
NE'rVCASflE ,REGIONAL MUNICIPALHY OF DURHAM.
STANDARD IRON BARS, SHOWN THUS
16 mm. sa. IRON BARS. 60cm. LONG, SHOWN THUS
20mm. DIA. ROUND IRON BARS, 60em. LONG. SHOWN THUS
MONUMENTATlON FOUND
MONUMENTATlON PLANTED
SIB
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SURVEYOR'S
CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE
SURVEYS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE
THEREUNDER.
2. THE SURVEY WAS COMPLETED ON
DATE
C . F. FLE I SCHMANN
ONTARIO LAND SURVEYOR
a
FLEISCHMANN CO. LTD.
LAND SURVEYORS
SHERIDAN MALL.
PICKERING. UV IB8
839- 8693
I SCALE - I: 750 I JOB N2 1- 4140E.
DONEVAN
ONTARIO
II ONTARIO St.
OSHAWA. LIG 4Y6
720.4795.683-3701
DRAWN BY:rns.j. lCHKD. BY:G.C.F.
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THIS SCHEDtiLE IS SCHEDULE "F" to the Agreer,lCnt uh
approved by Dy-.lau no. 83-76 of the Corporation 0
cnacted arid passed the 2l~th d.:lY of !!ny 1Sle3.
ch has been Duthorized Dnd
the Toun of I:e>;.]castle,
(1) DEDIC1_TIOn OF LAlmS
LANDS l0.!D/on. CLSE TO
"01."'
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!>l:~DICi,TED
The Otmer shall deliver to the Tmm J,n ::~ fOll:: satisfnctory to the
Tm7u. dccdG to the follm1in~ loud:
r.oad Hidenin08
Bloc~s 29, 30, 31 and 32, Piau 10~~
0.3 f:! r.es Clove S
Dlocks 33, 34, 35, 36 37, Plan IOI~
12) CLm: In T,ILU OF L!ll;D~;
The ~mer 0111111 p~y to the '1'0'.711, :)S C.:1.ch in lieu of tile dedicCltion
by the lAmer to the T0\7" or l:UH.lG for public purpoGc, the .:InOl\nt of
five pe:rcent (5%) of the r:.n");ct value or the said lnndr: ;-,creed upon
as five percent (5~;) of :;;/:.13,500.00, bcin::., $20,675.00 upon the
e:~ecution of this L;::reeli<c:'lt.
referred to in this Sche~ule
e::c:cution of tile ,.\::,rceI:!Cnt.
'Ii1C O\:.mcr hereby C:.~rce8 that tiw Pl~n nUi::bei's
be added by the l:unicpality GubSCtlucnt to l~1C
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II! UITNESS iTJ:1.EI'.r:OF the parties hereto h.::vc lwrcunto sct their h~.ndG and sec.ls
the day ane year first above uri tten ;:,.eel the i='c.rti~s llCl"cto helve hereunto
affixed their corporate seals by the hands of tllcir proper officers duly
authorized in that behalf.
SIGNED, SE.t:.I.ED .'>lID DELIVEP.ED
In the presence of:
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf date 2~?nd day of August, 198,5.
BANK. OF CANADA
its Atto eys)
Power of Attorn registered on
September 4, 1981 as No: 1018.
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-29-
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,. '11!IS SCI:IEDtJLE IS SCIIEJ)tJLE "CH to triG l::.grecr..~el1t ~-]hicb ha.s beC11 autllo:rized and
approved By ny-l<1i:7 110. 83-76 of the Co'q;o:,'ction 0:( the TC"i;:n of Eei;:castle,
enac ted and passed the 2l:.th cley of Hay 1. 983.
~TOr..T-:S T?3ZCtJIPJ3D
1. STOrm D&\INAGE SYSTm1
The O\-Jtler sl1.nll constrt.1ct, i;:1stc.l1, Stiper"'v7ise 0-11d r:lc~i!lt~~ill n Gi:on:1,
drainace S;10 ter.1, satisfcc tory to tl'le TO~-jl~, for tIle rCLloval of ups trC1.1Ll
atom lIster and ston~l 1;'7ntcr origirlc:.tin2; '\.Jitl"lil1 ttle sai<I. lctllds, inclttciirlS
road ct\lverts, Oteri cha.rmels, star,,; outfalls c:md any other r.ppurtenances
as rnay be requi4'ed i~1 ncco:-dr.:.nce 'uith tile .1'O'tlH o:E l~cucastlc's DCfJiU:11
Cl"itel'ia and Standard Dr[;uiues.
The Ot'1ner. agrees to prOCt'tce I~nGi11eCri1.13 DrD.'ult1gs for t11e stornt craillc:!ge
system, to the satis:Eaction. of the DirGct01: of Public ~;orb;;.
The Owner agrees to obtain any e,,~sements required c::ternal to the said
lands, at l"!.0 e~:pen.se to the t:u1'1icipali ty fo:;: the disposal of stO')."r.1 i': a ter
from the said lands.
2 . ROl~DHAYS
The Otl1ner shallcol1struct ::.m.d install the follo-;;'ing serVl.ces on the
various streets, sh01:m on the Pla;:-, .::;::; ;;:0110':70:-
(a) pavement ~.1idthG for all streets to be in ",ccc!,"dcmce with TO\:n of
E~:castle' s Design St".ndard ES 201;
(b) the grading and pavinz of all streets, including the installation of
Granular "A" end Granular "n" raatcricl to pro.,.,ride a proper bane for
paving, s11s11 be as per tIle To:": 11 of l-Iet;-icastlc Desicn Criteria a11d Standard
Dra'tV'ings;
(c) the Ot~ner agrees to construct, install ane- naLntaLu Street Lightiuti, in
accords.:1.ce \.d th t:1C TO\\!l'l.':3 specifications, on all ctrccts c.!:d \:al1:uays, to
the satisfaction of the Director of Public \:or1:5;
(d) the CXmer agrees to the topsciling c:ud sodc.lil~.S of the boulevards beb;'leen
the ditch and the property line, [;',3 uccordii.1g to the T~m of lTeHcastle's
Design Cd teria and to the st:';tis:Eactiou of the Director of Public Harks;
(e) the ~\!ner a~rees to supply, install and maintain traffic signs and
permanent street-l':.nme signs, in accordance ui th the Tm.m.' s DesiGn Cri teric.
and Standl'.rd Dratvings and to !:he satisfaction of tIle Director of Public
Works;
. 3. I...A~TDSCPJ.>Ii1G
The ~mer shall provide, plant and ::-.:?i.ntain 1-,".-:.der the supervision of a
qualified nursel~.Llan or horticultura.list (cud 3ea~antee for a period of
one year from the date of planting) oue tree on each lot, as per the
Landscaping plcn and in accorde.:1ce uith the TOtl,~ of !Tc\1czstle':; DesiGn
Cri teria and as approved by the Dircctol" or ::?ublic '::orks. Tre,; species to
be to the satisfaction of the Director, and 2 to 2.5 cetres in height and
3 ~1 in caliper, staked and bagged as ncceGs~ry.
l~. LOT GRADING
The Otmer agrees to rough grade all lots and blocl:s, according to the Lot
Grading Plan, to the satisfaction of the Dh'cctor of Public \7orks.
-30-
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5 ., EXTEmUu, UOr.l~~;
The Otmer agrees to p~y a contriuution to'i/nrds the rccollctrllction of
Tooley's P.oad , in accorcknce uith the Uo~"b; Cont Esti.:lntc cont:J.i.neu in
Schedule "J".
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III HITI1ESS liIlEllEOF the pnrticc hereunto L:1ve set their h~ndG G-ild GenIs the
day and year first acbove ~.'ri t ten .::nd the p~lrticG herci:o h"vc hereunto
affixed their corporate senls by the hands of their proper officers duly
authorized in that behalf.
SIGHED, SEH,ED L'J!D DELIV:::RED )
In the presence 0[:
CLEr~::
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed.
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
,/
AL BANK OF CANADA
its Attorneys)
Witness:
Power of Attorney registered
on September 4, 1981 as No: 1018
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-31-
TIllS SCHEDULE IS SCHEDULE "n" to the Agreement 1;vhich has been authorized and
approved by ny-law lTo. 83-76 of the Corporation or the Tovm of Ne\"castle,
enacted qnd passed the 24th day of May 1983.
\,.
UTILITIES REOUIRED
1. ELECTRICAL SUPPLY SYSTEII
The Otmer shall arrange uith the appropriate authori ty havinr; jurisdiction for
the design, provision and installation of an electrical supply systcrn to serve
the lands, in the locations as appr.oved by the Director. ~11 secondary
electrical services are to be installed underground.
2. STllEET LIGHTING SYSTEH
The ~1ner shall arrange with the appropriate authority having jurisdiction for
the design, provision and installation of a complete street lighting syste12 to
serve the said J..ands on behalf or the Tmm in uhase O'imership the sYGtem shall
vest upon completion includins all appurtenant apparatus and equipnent, in the
locations as approved by the Director. The O:mer shall furnish 'olritten
evidence satisfactory to the Director that such arrangements n<.'.ve been made
prior to the issuance of any Authorization to COE"Llence ~!orks.
3. TELEPHONE SYSTEH
The ~lner shall arrange with Bell Canada for the design, prOV1Slon and
installation of a telephone syster;l to serITe the said Lands, as approved by the
Director. All telephone services are to be installed underground.
4. GAS SUPPLY SYSTEH
The ~mer shall arrange with -2.n appropriate gas company for the denign,
provision and installation of c core.plete gas supply syster,l to serVe the said
lands, including gas mains, and all appurtenant manholes, laterals, service
connections, apparatus and equipr:,ent in the locations as aPPi."oved by the
Director. ,
5. CABLE TELEVISION
TIle ~lner shall arrange with the Cable Television Company having authority to
provide its services \'7ithin the area of the Plan of Subdivision for the
design, provision and installation of a cor.lplcte cable television distribution
syste~l to serve the said lands. All cable television services are to be
installed underground, and so far as possible at the cane time is i41ctallation
of other undergrounG services so as to catwc ninint".:::n disruption of municipal
services.
-37--
HI 17ITHESS UIlEll:20r the pc.rti,:;c l1cn~to h.::ve hCrClli.1to cet tl1ciJ: I1c:ncic 2nc cC:11s
,the day and yea:' first above uri ttcn 3.lcl the p.:lrtien hereto lwve hereunto
'-. ;:lffi~:cd ~heir 'corj)orate lic.:1D h:: the lim,cs of tilcir pt"oper officers duly
authorized in that behalf.
SIGrmD, SEALED .t"J!D DELIVEt'..ED
In the presence of:
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness:
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Power of Attorney registered
on September 4, 1981 as No: 1018.
THE ROYAL BANK OF CANADA
(By its Attorneys)
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-33-
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-'1111S SCHEDULE IS SCHEDULE "I" to the Agreement ,"Jhich has been authorized and
approved .by By-Ia\.] lTo. 83-76 of the Corporation of: the Toun of Het.]castle,
enacted and passed the 24th day of Hay 1983.
DUTIES OF OHnER'S ENGINEERS
1 . DES IGN HORKS AND PRIVATE HOF.1ZS
The ~iner's Engineers shall prepare the fol1mling for the approval of the
Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) fthe Staging Plan;
(f) the Works Cost Estunate; and
(g) the Stage Cost Estimate.
2. REPRESENT OlINER AIm OBTAIn Lli'PROVALS
TI1C ~inerts Engineer shall act as the ~7ner's representative in all matters
pertaining to the construction and installation of the Works and shall
co-operate \lith the TOl-7U to obtain the necessary approvals for construction
and installation.
3. PROVIDE RES IDENT SUPERVIS IOU
The ~jner's Engineer shall provide fully qualified superviso~j layout and
inspection staff to provide continuous service durine all phascs of the
construction and installation of the Horks and the Private Horb) and to
perform the fol1~1ing:
(a) provieJ,e field layout including the proviGion of line and grade to the
contractors and, \vhere required, restaking; Dl1d
(b) inspect the construction and installation to ensure that all \Iork ~s
being performed in accordance with the contract documents; and
(c) arrange for or carry out" nIl necessary field testinz or nate:dals and
equi~nent installed Or pLoposed to be installed at the request of the
Director; and
(d) provide co-ordination and scheduling of the construction and installation
in accordance \.7i th the timing provision contained hercin and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which
may arise during the construction and installation; and
(f) obtain field information, during and upon cmapletion of the construction
and installation, required to modify the Engineering Drawings to produce
the As-constructed drawings.
4. HAUlTAIN RECORDS
The ~~nerts Engineer shall maintain all records pertaining to the construction
and installation.
5. PROVIDE PROGRESS REPORTS
The <>tomer's Engineer shall provide the Director with reports on the progress
of the construction and installation on a monthly basis, or at such other
interval as approved by the Director.
-J/;-
6 . PP,EPt.l~E AS COIIS'l'l'~UCTED IX.:/~'J:I:I!G~;
,~ '!1le OtoJl\er's Engineer shall pl."ep~re the Ls-cotlatl'uctcd Dnmin;:.;c for the
ar~roval of the Director.
III UI'l'l'JESS m~ElmQ)i' tho partie::: hereto heve hereunto S0t ttlClr hCl~<.l:J .::md Goels
the day and year first above "l"ittCi.1 Hl.d the pnrties hereto l1c.ve herellnto
affb;ed thoir corporat.e Go.lls by the l~ands of t:lcir j)l"Oper officcl.'G Ju1~'
authorized ill that bchnlf.
SIGHED, SEAl.ED AHD Dr:LIVmU:D
In the presence of:
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness/
Power of Attorney regis ered
on September 4, 1981 as No: 1018.
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.. 'l~IIS SCIIEDULE ~S SCr~EDULE usu to tIle f~~reel:lellt !;Jllicl'~ hc:n oec11 autllorized ana
c.p?rove(~ 0;1 :3y-l:!u 1:0. 03-76 of tb.e. CorporatioIl of tIle 'ro'\'ln of ITei"lcsstle,
enClC tea a11d pasDed this 2l:4tl-: d.::y of I":~~y 19D3.
cos r:" ES TII.li.l.tIES
Total Tooley's V.oad Rcconstruction
Total Developers Shae (3 Phzccc)
Cost $127,788.
7D,16D.
LE'l'TER
C!~SI:
C01~'TllI3 TJ1'IOlJ
'1.'01'.:'\1. .~~
or cr,3DIT
Phase I - East Side
Tooley' G Road H01:l:s by Devcloper
Hydrant
Culvcrts 1 Q $1,500.00
Outfall ditching
Strcet Lights 15 @ $500.00
Street Trees 10 @ $75.00
Engineering anc Continr;encies C 15~'~
6,829.
2,,000.
1,500.
l:. ,000.
31 ,l:.OO.
7 ,500 .
750.
3 .387 .
TOTfJ.. CONS TRUCTIOlT COS T, PEli.rm I
$25,966.00
$31 ,t}CO .00
$57,366.
Phase II - nor!:!) Com:~
Tooley's P..oad Horks by Developer
l".ough Cradin::;
Road Construction
Topsoil end Sod Ditches
Surface Course lwphcl t
Culverts 2 @ $830.00
Street Lights 3 G ~500.00
Street Trees 2 @ $75.00
Engineering eud Continsencies G 15%
3,3.211.
7,500.
13,75(.., .
1:-,730 .
5 , <)/:.0.
1 ,960.
1,500.
150.
10,263.
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TOTf:J~ CmmTmJCTIOH COST, PIIAS33 II
L;.I:.,697.
1 rl rl r. ')
.... v , ":':'l)..J .
5/:.,960.
Phc,se III - South Court
Tooley' 3 Road r.';orI~s by Develo;.)cr
r.ough Grading
Road Construction
Topsoil and Sod Ditches
Surface Course Asphalt
Culverts 1 Q $3~O.OO
Street Lights 3 Q $500.00
Street Trees 7 @ $75.00
EngineerinG nnc1 Contingencies G 15~~
5 , 35 9 .
3,000.
1L:.,292..
1:.,91.1,.
6,163.
[;/:-0 .
20,I~C5.
1,50G.
525.
6,315.
TOTAL CONS TRUCTIOH COS TS, miiS::: III
1!.8 , L:.1 l;4 .
20,l;.B5.
68,899.
TOTAL ESTIl:1ATED C081' OF SEnVICr::S
$119,077 .
$62,1L:.[;.
181 ,225':' .
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The' Pcrfol-i:~r~llce r;tt~r:::!.tee h~f; Lc:e~'1 L;;l.~';C:(~ 0:"1 :':.(:l.:.:~.i;~.t.l"Y ~sti.~'.1ntc~; on.ly, lu:d ,
,s11\cn the fi11~1 Ert~i11ceri:n.8 ri:-n\Jir:~~s i!~lVC ~);:(;P- ;".i..::,';:-~.~'.."~J uy tl1c j)irecto1'", t:l.
revised Cost r:5ti.:'::atc of the ~\)l'LG, Un(:el-:~j:ct:,-:ll -:~,,:;:o, ::n::;L'1eed.n;:; .....Ut:
CO\1tin::;cncicc zhc.l1 be pj:e~~D.n:,-: i}~' t',c C\,]1(:;:':. -:,~;_;(:(;:... i,::-.: :;l'.:',.:i. ttect ::0 the.:
Director for -his approvnl. rJ.'~li[~ l'c1}i:;(~L COtJ~: '~.::~;'~~_: '.r~!:e c.l!:.tll be u:;(~(~ t':C tl:c
basis to acljl!st: tl1C Perforl.~D~:lC8 Ct.~.:'"-.rar':tcC') if t:.'.C': !::.;i:i1.:;-~tc.: i~lCre.:1sc:c. or
decrenses.
III HITln~GS m!EJ.EOF the pcrtie[; 1:e;;:e'1:0 LreVi:J ;".E;:':(;n~::c [j.:;1: t~~cd.j~ ;l;'.;'.c1s ~;.~~ se:dr,
tIle c1ay [".1J.U yen!' ~irct nhovQ \:',."i~t~:E1n t:t1~(! '::11(~ i);!.;:t:i..I.:G >tC;-:cto ~~~l't(.. h(~l.CU;:;.to
.."ff]."...~cd tl.;.r......J.. ':-' cO'.'j,",O!.;>tc !"tc ...~1J.,t 1" (;'1" . 'I'.) ,.. 0'<: .,.~.... . (; t" , 1
~l ~. _ ~ __ _. _ '~.i : t.. It'-'hl~.... ,J.. l.l..,-=..~.J.. l,.r'..ir-'(~r l.Lj:i..c(~:..;, ,.~t..~_y
authori~cd in that bchclf.
C:0 r?T_~r: ~~C:':~.:
SIGHED, SEALED IJ1D DELIVEr.En
In the pre s c;:;,c c of:
IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness:
THE
BANK OF CANADA
its Attorneys)
/
Power of Attorney reg~stered
on September 4, 1981 as No: 1018
9- ~". CQ~N
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TIllS SCIIEDUJ...E IS SCl-IEDULE "I~" to the 1~_3reei,J.e:J.t l::7il~cn r1<26 been. authorized and
apln"oved by By-1m} lio. 83-76 or the C:ol:por.?ction of the Ta;'ln of: IJc:\ico?stle,
~ €llaC ted and pas[;ed this 21~tll de;/" of I.la:l 19n3.
'. .
II.TSlTr~ll!CE POI.!ICII:~, B~R(!tjIP.ED
1 . TYPES OF COVEP..L\GE REQUIP.ED
The O;.mer shall obtain and Ei<::.intain ir:surance of ':.:h~ char<1ctcr COL'I:1only
l'cfcrrcd to as public liability 'm.d property (]..;.1';1[;2;C uith an insur"c",ce conpany
approved by the 1.:unicpaI Trcast:rer end duly c.utorizecl by Ie,,, to tmdcl"uri te
such insurance. Such policy or policies of insu:c"nnce 31.1a11 inc1cr.mif:r the Town
against all dm~ages or clai~5 for damages for:
(a) any loss or damage that shall or nay happen to any of the Horks or any of
tIle Uti1itiez or to :1ny part or parts thereof respectively; a:(~
(b) any loss or damage that shall or r::.::.y h",ppen to c..ny of the mr:.terials or
any of the equipment ox ~ny ot~cr things usee to construct or install ~ny
of the Uor1~s or any of the Utili ti.e[; or .:lilY part or pnrts t:,Greof
respectively; .s.!'.Cl
(c) any injury to any person or persons inchtc~inL T.7ork.rc.en employed or, the
said Lands and the public; cnd
(d)
any loss or
handling of
dar.nag e tllGl t
m~plosives ;
clwll
and
or
'iTlt:. \~
.
result frmJ the storage, use or
(e) any loss or damage that shall or i.:1<:.y result froTe.. the dra.inage of surface
uaters on or fro:;l the snid L<J.ntls; an0.
(f) any loss or damage that shall or may result from the disposal- of effluent
from any s~'7age disposel 1;;01"1:8; ar,d
(g) any loss or dama3e that 31'1.0111 or ne.y happen to [';ny public ro.::d or to any
other property or the 1'OHn or to the property of any other 1'e!"son eithe!"
directly or indirectly by reason of the Oimer undertaldng the cle,,-elopr:1cr:t
of the said Lands together with any or ill of the l?orks an2 Utilities
pertainine thereto.
2. J.l\lOtJHTS OF COVrmi~GE P,I:QUII'.5D
Policy or policies of insurance shall lJe iGr.med jointly in the n,,~r;!es of the
O;~ner and the Tmil1 a.nd 5ha.11 provide the folloH ing 111inir::u.e coveraees:
(a) $100,000.00 for loss or cl.::1u<::'.[;e ;:esultinz fror:1 bodily injury to, or death
of anyone persou; and
(b) $2,000,000.00 for loss or dUDr;se re::;ultinc; free:: bodily inju:::y to, or
death of, t~';70 01'" El0re perSOI1C \1risi11g out of the S,2..r:le accide11t; UD.d
(c)
$1,000,000.00 fot' anyone occurrence of prope:::ty
,
ClG.l~-;'2<; e .
TIle issuance of ouch policy or policies of in:::un'.nce sh",ll not be cOi:lstrued to
relieve the Oti'ner fr011~ responcib:tlity fo::: other or larger cluins for uhich it
may be held responsible.
3. EXEHPTIOli OF COVEP.P,GE P1WEIl'Tl'ZD
The policy or policies of insu;:::.nce shall cont.od.l'': no covernge exei~,ptj_ons or
limi tations for:
Cn) any s11oring, underp:tnl1~ng, rc~1.D~nD 01."' dCjIlolitioIl or ~~!.~y buildi~J.g or
structure; or
(b) any pile drivins or caisson \lork; or
.
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(c), :!ny collapse or subside1:~cc or C.~lY bui.ldin:;, structl'.1'"C 0::.,.. lr:i!:2 :::l~O:.J ~:i.1Y
cause; or
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any !3COl-U[;e, ~1,~D.dli11g0~: 1..:oc of c::r1oci"lcc.
II!ljITI!ES~ l:EE~.:SOF tl"'.c particc hereto h::~.v(: hcre:':!1to set their h:}l:ds ::~l:d SC.:'.15
tIle cley ~'.'t1d :lc.:~r first al>o\.Tc \;~i ttCI";. :'M:.lej, tIle r.:.1\"tics hC:l'"cto :~';"~.lC' ~1.e:'''ctrL~':':o
a.ffi::ed t!lcir corporate aec.lr; 0:1' the i.~;-.~:dG o;~ t:-:ci.:''' :~:"OpC:_" office:.":; dttl~.
authorizc~ in th~t hehalf.
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SIClrr:n., SE!:.I.ED l1-7JJ J)EIJ!\1~:'~E?~
In the prCDC1:ce of:
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IN WITNEES WHElllOOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
/
BANK OF CANADA
its Attorneys)
Witness:
Power of Attorney registered
on September 4, 19U1 as NOI 101U
.
!}- Y. QL-~~0
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THIS SCIIEDf}LE IS SClmDtJLE ilL" to the L;;rcc..'"C:C:l1t ul1ich has been ~uthorizec1 and
oppro\7ed b)7 ny-ISll ITo. 83-76 of tIle 'Gorpo:r.:1tiorl or the TO~.Jn of ITc\Jcastle,
\. enacted'cnd passed this 2/:.th day of IIay 1933.
R:SGUI,!~lfIOZTS For:_ COl'Tf3 Tr~IJGTIOIJ
1. P.EOUIl!.m.mr:TS FO?. BLASTIFG
The O;mer shull, prior to cor::nenCill[!; m~y blactinc, obtain froLl the Director,
pel"T:1ission to carry out the blasting operatiOl'l.
2. REEOV l~.L or TOP SOl!,
The Otmer shall not remove [~rq tor.. soil fro!:: tIle 8.:!id L.;.t:.C:G except for
COl1.stl-uction pt.tZ'pOGes c1.1d such top soil r.lt1st re~nain ~lit11in tlle lii.'~'d..ts of tlic
said Land::;, unless othel"'\'lise pCl.l:t:L ttcd hy the Di:r(::cto~c.
3 . DUHPli:7G OF FEJL OR D!;:C LIS
'rhe Ot7ner aGrees to ncitl1cr d1..~L:l), or ~"'CI;'J:~.t to 1)2 dur.'~pI2(2, cny f7-.11 or debris
on, nor to remove, or pernit to be !:er::ovcd 2.n~/ fill [,:om any lr:n(~;:; to oe
dedicated to the 'l'Otm other tlwn. the roeds "ithin the lir.tits of t;lC noicl
Lands, ,dthout the urittcn conse:-:t of the Dirc:ctc::.
l~. DISPOSlIJ... OF COlISTRUCTIOl'! Gl'.m::.LCIZ
1111 constructioll zarbase alld debris frOIj.l tIle c,:',;id IJanc~s Elt-:.::;t be diGposccl of in
Cl11 orderly a11d sani tary fCl.shion irl c? c.1t:!~:pirlG r..:r(~(.~ off the Gaid LQ.nc1s provided
by tIle ~'lner and ap~rovcd by tL.e l)irector. TIle TO'~}l"l shall 110t be rezpo11sible
for tIle renlovc.l or disposal of garbage ~~ll(l dei)ris. '[he Cll~-~"nel'" agrees to
deliver a copy of this clause to each ~md every builder oDtainins Q buildinG
permit for any part of the s<lid Lallo.s.
5. OUJI..LITATIVE film OUNJTITIV:C TESTS
The Ot'1Oe1' agreeD tl:.at the TOU11 may have qualitative or quantative tests nade
of any materials or equipnent inGtalled. or proposed to be installed. The
costs of such tests shall be paici by the Otmer.
6. 1'lUN'I'EHl1l1CE. CLOS we !lriD USE OF EXTJ:;~Pl1l!1, ::?DL'J.DS
The CXme1' shall, at all tines during the life of this Agreement ensure that
all l)ubU.c roads abuttinz; the said Lande and z.11 public roads used for access
to the ssid Lands, during uny COl13tructiol:., Oil tl"::;:; said L8.l1ds shall be
maintained in a conc1i tiOll equ.11 to that 12m7 e::i.otins; 2nd to the app:;:oval of
the Director. The O:'.}i.ler cl1L....ll ~~1nir~tc~i1.1, at nll tir"lcn, nIl SUCll :'''O~1d.S free of
dust and r.Jt.:.d originating froLl the lands c1u1:in:::; the course of CO'<.1Dt:::'..\ction. If
danlaged, tIle 0\711e1'" ngrees to l"'cstorc il:!r~iedil:~tel:?') ~"t1::d at its 0\:711. e::.:pense, such
road to a C011ditioTl ecp~al to tllD"t e::ictin~ Gt tIle ti;:::e of sucl: dc.T~la6e nrlG tc
the approval of the Director. 1:0 public rot:d outside: the li.uit::; o:~ the said
L011ds sha.ll be closed ".;.]itl:ol=.t the pr:..or \:]2~itten appro"ljDl of the e.'i..7.tl1ority
having jurisdiction over such public r02.d c,l101:nn~ce. The O:mer cc;;:.:ees not to
use or occupy e.ny uutravelled portio~1 of o.r:~7 IT,'!:; 1 ic :,'oc.d all0\7c.nce ".?ithout the
priorllri tte11 app::oval of tl-:.e .:'.u t1'lori t::/ 11.:':'1......i11[; j u2"isd:tc tio!: o......rer such publ ic
road allO':-Hmce.
7 . 11l~IIJTEITlll!CE OF IITTEI?]~TL~L ;.~Ol',.DS
The O\.;oer shall, prior to the placement of the fi.l:w.l surface tre.s.tnent on any
road required to be constl"l1cte:d l1.t!clcl." tl~.;i.::; l.crcc;i:.ent, J:t'!i.:ove ~n-ty C0l1tD1:1it1L1tion
of tIle ba.se course c.11C~ repail:" c:'_T.':d TC1-:.1ccc 81.J.C:l L'::3e COt-~rs:3J "\,here r~ecessary,
to the approv"{Ll. of th.e Direc~ot", in or,)el" t1.!.clt tLc cO;.i.ctrt:ctiorl of 8t-:.ch j~.oGd
sllull not hcve suffered due to L:r:y D.se O~ tLc~ b::cc CO'L~!.::>2 ,2D c: I:C~:'.pO:.:"E:::'''Y l"ot:.d.
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!~tcr tile con:'~2ct:.CG1:::G::t of conEt~:..4l7.ctio:.'~ t:~(.: (\:'-~..:~~: 81-:.:::.11 irlstitEte \.!POIi. the
J.Jcnds n Pl"o:r~'.",~-,,~ o:E '\JC:C d. ~:l":.d j::::t CO"..i. t1.-o1 -::0 tL:: ;; L:' ti sf nc tiOE of th.(~ Di 1.e c tOT.
I!~ l!ITl!ES~ ~'!!!Er~:::~OF t!:c Il;1:...ticD LCi"'etG hc.~)'(~ :lC~(C~\:r:to G2~ th.::.~~l..~" ::[~'i1.(~~;; Q.~.'1(~. seD.Ie
tIle day rril.dyctlJ: f1..rst :i.bo"\;(.; ,,::'-::i. t t:2r~ ;,~--;..;l i::~c ::.:-~:~t.icc :.~:::::(~t(l ~.i.i::\:\'~ 1.:(~;."eul~to
affi:~ed thei:c cO:."~-lol"C1te seri,lD ~~.y the 1':.r.nc~.s 0:': t~:L::~iJ:" Pl"OI)C:l. o2'fic\~rs duly
authorized in that behalf.
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SleITED, SEl.LED ll:D DEI.,ITlEI:~~D
In tha presence of:
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IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presEnts to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
/
BANK OF CANADA
its Attorneys)
Witness:
Power of Attorney registered on
September 4, 1981 as No: 1018.
~
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'l1IIS SCHEDULE IS SCHEDULE "1:" to tile ':\[';:L"eCLlGnt '\;hic:l has been .:mthori;.;c2 .:mu
approved by ny-1rn'1 Do. 33-76 of the Corpor~ttio:! of the TO';j:1 of Lc,7c,:stle,
'enac ted and ~assed this 2l,th day of :''.a:' 1 C:;C3.
.-
U~;i.~ O~ SI~ID Lll.1DS
'rIlE ~mer :.:grecs tlHlt the said l[":.nds S:lC.ll not be t.lCCC for r.ny Puri)ose other
than as Get out i~ the foll~;ins table:
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:and Blocl:s 27 one
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!n accordcnce with provisions
of ~c~tricted Are~ Ey-lmJ
l'~o.?lE,,:D m:wnued
02 thE:
rO~j2~ T~:n3:1ip o[ D~Tlin~ton.
Lots 1 to 16 bcl un ivc
In HITlTESC m:r.llEOF the pnrtics 1;cruto :.<:'.'10 Ivn:et.:::to eet their h.:mb ::\n<1 Goals
the dey end ~renr :::irGt above ~ll:i t ten C.~H: t:1C l);.:,:t:ics 1Hn:cto huvc 1.orclml:0
cffiJ:ed their cor~or"tc 80.:\1:; l;:' t:IC ::;..n,~:i o[ i:LciJ: ~'rol)(:;: officorG ('ll].:'"
authori~cd in tb~t hchclf.
SIGnED, SELLED t:.m D::::LIVm:rm ) 1'1::: corY:' ,:!:no:: cr TEE TOt:l: qF ::r.;r!CLSTLE
Iu the p~czcacc of: )
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IN WITNESS WHERIDF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness:
Power of Attorney registered on
September 4, 1981 as No: 1018.
9. ~ >~~--A)
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-1;.2-
'.fillS SCHEDULE IS SCHEDULE "n" to the !"0reenent \lhich haG been authorized and
,approved by By-law No. 83-76 of the Corporation of the To,;m of Ee\lcast1e,
,_ en8C te~ ~nd passed this 24th dny of Hay, 1983.
Ulms tmSUITL'\E LE ~cr nlJILDIHG
The Otmer agrees that no application uill be uade ror a Buildin3 PCl.,,1it for
the erection of any structure on ;;my of the said lends listed in the follm-1ing
table, until the conditions listed in the follouin::; table have been satisfied
to the approval of the Directors of Planninc and Public Horko and/or {my other
Authorities havinG jurisdiction.
LOT OR BLOCK 11m-mER
COlTDITIOl1S TO nE SATISFIED
BLOCK 27 Al~D BLOCr. 23
In accordunce with prOV1Slons of
nestricted Area ny-Iou 2111, os
.:.t1:;lcnded,
of the Fonl1cl.' TOllnship
of Darlin3ton.
IN HITlmSS HHEREOF the parties hereto have hereunto set their h2.nds and seals
the day and ye&r first above written and the pnrties hereto have hereunto
affixed their corporate seals by the IH'.ncls of their proper officers duly
authorized in that behalf.
SIGNED, SEALED }llD DELIVERED )
In the presence of: )
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(Eortgagee)
IN WITmSS WHEREX>F THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorne.fs in that behalf dated 22nd of August, 1983.
Power of Attorney gistered on
September 4, 1981 as No: 1018.
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TIllS SCHEDULE IS SCHEDULE "0" to the f.;:;reemcnt Hhich has been authorized and
approved by By-L:m Ilo. G3-76 or the Corporation of the To~m of Ileucnst1e,
~enac ted and pas'sed this 2l~th day of Hay, 1903.
.-
LM1DS REQUIRING SITE PLAn APPROVAL
No building pernit shall be issued for any buildine or structure on Lots 5 to
11 inclusive, on the said lands, unless such buildinc or structure complies in
all respects with detailed cite plans which have been approved by the Director
and the Director of Plannins of the TO\.m of Ueucnstle, and the Central Lake
Ontario Cons (:!l'"Vation Authori ty, \!hich pl.llls arc to indica te e::is tine and
proposed erodes, site drainage, veGetation to be preserved and the location of
al buildincs and structuru. .'\11 of uhich sholl be in tl.CCord.nl1CEl ,lith I.l tree
lurvey approved by the Central Lal~o Ontario Concervntiotl .Authori ty t1hich oha11
identify species, type, age, and condition of all trees located on Lots 5 to
11 inclusive, and shall provide an evauation of the use of identified areas by
various wildlife forns.
IN UITImSS UHEREOF the parties hereto have hereunto set their hands and seals
the day and yea1" first above \;ri tten and the parties hereto have hereunto
affixed their corporate seal:; by the h.:mds of their rroper officers duly
authorized in that behalf.
SIGNED, SEALED AIID DELIVERED )
In the presence of: )
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TILE CORP n - TIOn OF 'LITE 1.OHll OF. nmlCASTLE
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(i.:ortgu:?;cc)
IN WITN'ESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
Witness:
/
BANK OF CANADA
its Attorneys)
POWER OF ATTORNEY gistered on
September 4, 1981 as No: 1018.
-/:.l:.-
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TH4S SCnEDlJLE IS SCHEDULE "p" to the Agreement \.!hich has been authorized and
i1~proved by By-lali No. 83-76 of the Corporation of the TOl'1n of Ncucast1e,
'- enac ted and passed this 24th day of Hay 1933.
OVERSIZED AND/OR EXTERHAl.. smWICES. AIm TIlE REIlmURSEHENT FOlt TIIE
OVERSIZED AHD/Or.. EXTERHAL SERVICES
- NOT APPLICf~LE -
In In'l'UESS mlEp.EOF the pat'ties hereto ha.ve hereunto set their hands Ilnd sea1a
the day and ye4t f'irct above l'll-i tten Ilnd th~ p.ll'ties hereto huve hereunto
affixed their corl,ot'atlll ICldo by tho handa of t:hoiJ.. proper offic13l:S duly
authorized in that behalf.
SIGNED, SEALED AIm DELIVERED )
In the presence of: )
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IN WITNESS WHEREX>F THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf daied this 22nd day of August, 1983.
Vitn?
Power of Attorney
September 4, 1981 as
istered on
No: 1018.
BANK OF CANADA
its Attorneys)
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'THI~ SCHEDULE IS SCHEDULE "Q" to the Agreement '-1hich has been authorized and
~proved by By-1~w No. 83-76 of the Corporation of the Town of Nalcastle,
~ enacted and'passed this 24th day of May 1983.
CONSERVATION AUTHOIUTY'S HORKS
The Otvner covenants and agrees to satisfy the requirements or the
Central Lake Ontario Authority and the Einistry of Natural resources
that:
(a) No grading filling construction or drainage improvements
shall occur on or in relation to the site without the written
approval of the Central Lake Ontario Authority.
(b) To submit to the Central Lake Ontario Conservation
Authority for their approval a tree survey for Lots 5 to 11
inclusive. TI1C survey shall identify the species, type, age and
condition and shall provide an evauation of the use of identified
areas by various wildlife fonns.
(c) That prior to the issuance of building permits for ay of
Lots 5 to 11, the ~lner agrees to obtain Central Lake Ontario
Conservation Authority approval of site plans for the said lots,
which indicate existing and proposed grades, site drainage,
vegetation to be preserved and the location of all buildings and
structures, all of which shall be in accordance with the approved
tree survey, as referred to in (b) above.
(d) To carry out to the satisfaction of the Central Lake
Ontario Conservation Authority the grading of Lots 1 to 4 and 12 to
26 inclusive.
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IN WITI~ESS ~rrlEnEOF theportics hereto have hercunto sct thcir h~nds nnd senls
. tl;le day and year first above uritten Dnd the parties hcreto have hereunto
~affixe4 their corporate seals by the bends of their proper officero duly
authorized in that behalf.
...
.
SIGNED, SEALED tJ!D DELIVERED
In the presence of:
~,;~~rCASnE
. HAyon ~
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CLERK
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(Hortgagce)
IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that beha~f dated this 22nd day of August, 1983.
Power of Attorney r
September 4, 1981 as
THE ROYAL BANK OF CANADA
y its Attorneys)
Witness:
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nus SCHEDULE IS SCHEDULE "R" to the Agreement t-lhich has been authorized and
:tapproved by ny-Ia~., No. 83-76 of the Corporation of the To~m of Ne't'7castle,
enacted and P4ssed this 24th day of Hay 1983.
...
ENGINEERING .AND INSPECTIOH FEES FOR DEVELOPHENT
Estimated Costs of Works
Fees
Up to $100,000.00
Actual cost of engineering
services and inspection fees
up to 8. r.wen-ruN of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the
estimated cost of services -
whichever is greater
$500,000.00 to $1,000,000.00
estimated cost of services -
$17,500.00 or 3% of the
whichever is greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.5% of the
estimated cost of services
whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the
estimated cost of services -
whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the
estimated cost of services -
whichever is greater
For the purposes of this Schedule cost estimates as specified in Schedule "J"
for Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule.
..
In
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,111 UITHEGS mmr.toF the partieG :lcreto have l:!2l:"cunto set their hnnJ.s and cec.1s
, \ the -day and year firf)t above llritten 2nd th,,~ pc.rtics hereto have hereunto
,;,. affi::~ed their corporate seala by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SE}~ED lJiD DELIVERED
In the preSence of:
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TIlE C01~POr.'\ TIOl7 OF TIlE TO~-rll OP l,rmJCl;.STLE
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(J:~ortsaGee)
IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by d.uly a.uthorized Attorneys in that behalf dated this 22nd day of' AUgUst. 1983.
Witness:
/~
Power of Attorney registered
on September 4, 1981 as No: 1018
AL BANK OF CANADA
its Attorneys)
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TIns SCHEDULE IS SCHEDULE "s" to tbc L2;reci.!C:"i:ll.: Uilich hur.: been .:::uthorizcd and
,approved by By-1aH no. 33-76 of the Corpor.:::tion of tl:1C To~'7U or lIe~;castle,
',.. enac ted and p,assec1 this Zt:.th Jay or r:ay, 19G3.
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r.:IITIS TE::., S ~EGIOi~' S COi.!DITIOilS OF r.r..i\F'I' PLi\.:n i\.FP~:.OllL.L
LaS PEI~ !\TT!iCIII:u
III HITHESS lnmR.r:OF tha particc hereto h<:.ve hcrCullto s::t their hO.nds and se~lG
the day and )>csr firDt above ~:ri tte11 and the parties herl:!to have hei.ctinto
afHuCld thlllh c;"rporaClI 101.10 by eh" hnrttltl gf thQir vrgpat' officQt'G "I.\l~>
autho~i~ed in th~t behalf.
SIGHED, SEALED AED DELIVERED
In the presence of:
Ilt.\YOl-:'
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(l~or tC:lGcc)
IN WITNESS WHEREOF THE ROYAL BANK OF CANADA has caused these presents to be signed
by duly authorized Attorneys in that behalf dated this 22nd day of August, 1983.
R YAL BANK OF CANADA
its At t'orneys )
Witness:
Power of Attorney r
September 4, 1981 as No: 1018.
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APPENDIX "A" TO SCHEDULE "s"
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Attachment to letter dated February 21, 1983
From: Or. M. Michael, Commissioner of Planning
To: Mr. Paul Gearing
Re: Plan of Subdivision 18T-82030
Town of Newcastle
CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS SUBDIVISION
ARE AS FOLLOWS:
1. That this approval applies to draft plan of subdivision
18T-82030 prepared by Donevan and Fleischmann, O.L.S.,
identified as Job No. 1-4146, dated October 13, 1981 and
revised in red showing 26 estate residential lots, ard two
blocks for open space.
2. That the road allowances included in this draft plan of
subdivision shall be dedicated as public highway.
3. That blocks 30, 31, 32 and 36 be dedicated as public highway
for the purpose of road wi deni ng. The wi dth of the wi deni ng
shall be determined by the Town of Newcastle.
4. That the Town of Newcastle may accept cash-in-lieu of all or
a portion of the 5~ parkland dedication under the provisions
of section 36{8} of the Planning Act.
%>,... ~.,That. 0..3 metre reserves shown as blocks 29, 33, 34, 35 and
37 be conveyed to the Town of Newcastle.
6. That the streets on the fi nal plan shall be named to the
p~, sathfact ion of the Tm.,n of Newcastle and the Region of
Durham.
I.-~ That the road allowance between Tots 32 and 33 within this
/"" ~.. . 'draft plan shall be properly closed prior to fi nal
. approval.
lr;-"Thatsuch easements as may be r~uired for utilities or
drainage purposes shall be granted to the appropriate
authori ty.
9. That the area to be subd; vided shall be zoned to reflect the
uses shown on the draft plan in an appropri ate zon; ng area
by-law passed by Council and either:
a} submitted to and approved by the Ontario Municipal
Board, or
b} in effect in accordance with section 39{26} of the
Planning Act.
. . .2
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APPENDIX "A" TO SCHEDULE "s"
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18T-82030
2.
CONDITIONS (cont'd)
10. That the zoning by-law referred to in condition 9 shall
contain the provisions to prohibit buildings or structures,
other than those essential for flood or erosion control, on
blocks 27 and 28.
11. That the owner submit to the Central Lake Ontario
Conservation Authority for approval, a tree survey for lots
5 to 11. The survey shall ident ify speci es type, age and
condition and shall provide an evaluation of the use of
identified areas by various wildlife fonns.
12. That the owner submit to the Ministry of the Environment for
approval, a hydroligist's report which verifies that an
adequate supply of 'potable water is available to service the
development. The report should also discuss the possibility
for cross contamination of wells from septic effluent.
13. That the owner enter into a cost-sharing arrangement with
the Town of Newcastle for the reconstruction/improvement of
Tooley's Road.
14. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Town of Newcastle. This shall include among other matters,
execution of a subdivision agreement between the owner and
the Town of Newcastle, concerning the provision and
installation of roads, services an~ drainage.
15. That prior to fi nal approval of. the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Region of Durham. This shall include among other matters,
execution of a subdivision agreement between the owner and
the Region of Durham, concerni ng the provi sion and
installation of roads, and other regional services.
16. That the subdi vi s ion agreement between the owner and the
Town of Newcastle shall contain among other matters, the
following provisions:
a} The owner agrees that no grading or filling shall occur
on the site without the written pennission of the
Central Lake Ontario Conservation Authority;
b} That prior to issuance of building pennits for any of
lots 5 to 11, the owner agrees to obtain Central Lake
Ontario Conservation Authority approval of site plan for
the said lots which indicates existing and proposed
grades, site drainage, vegetation to the preserved and
the location of all buildings and structures, all of
which shall be in accordance with the tree survey as
required in condition 11;
. . .3
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APPENDIX "A" TO SCHEDULE "S"
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18T-82030
3.
CONDITIONS (cont'd)
c) The owner agrees to carry-out to the satisfaction of the
Central Lake Ontari 0 Conservat ion Aut hority, the gradi ng
of lots It04 and 12 to 26;
d) The owner agrees to install drilled well and septic
system on each lot to the satisfaction of the Durham
Regi onl Health Uni t.
17. That prior to approval of the fi nal plan, the Commissioner
of Planning for the Region of Durham shall be advised in
writing by -
--""'-0--
a) the Town of Newcastle, how conditions 2, 3, 4, 5, 6, 7,
8, 9, 13 and 14 have been satisfied;
b) the Central Lake Ontario Conservation Authority, how
conditions 10, 11, 16(a), 16(b) and 16(c) have been
satisfied;
c) the Ministry of the Envirorvnent, how condition 12 has
been satisfied;
d) the Durham Region Health Unit, how cordition 16(c) has
been satisfied; and
<~, e) the Mininstry of Natural Resources, how cordition 10 has
been satisfied.
NOTES
1. 'We suggest you make yourself aware of:
a) section 143(1) of The Land Titles Act, which requires all new plans be
registered in a land titles system; and
b) section 143(2) which allows certain exceptions.
2. It is suggested that the municipality register the subdivision agreement
as provided by section 36(6) of The Planning Act against the land to which
it applies, as notice to prospective purchasers.
3. Where agencies are involved in the subdivision agreement, a copy of the
agreement shall be sent to them in order to expedite clearance of final
plan approval. These agencies are:
. . .4
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APPENDIX "A" TO SCHEDULE "S"
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18T-82030
4.
NOTES (cont'd)
Mr. Brian Devitt
Di rector
Environmental Health Services
Durham Region Health Unit
209 Golf Street
Oshawa. Ontario. LlG 4B2
723-8521
Mr. Wm. Fry
Central Lake Ontario
Conservation Authority
1650 Dundas Street East
Whitby. Ontario
UN 2K8
579-0411
4. When the zoning by-law referenced in condition 9 is being prepared, the
explanato~ note of the said by-law should make reference to this draft
plan and the T-file nurrber. The by-law should be circulated to Central
Lake Ontario Conservation Authority and the Ministry of Natural Resources
for review, in order to faci 1 i tate clearance of condi t ion 10.
5. When the draft M-Plan is completed, copy should be submitted to the Town
of Newcastle Planning Department and the Region of Durham Planning
Department to facilitate subdivision agreement preparation.
6. The owner shou 1 d be aware that under the terms of the Lakes and Rivers'
Improvement Act, no damming nor other alterations may be carried-out on
-~.,..~ the Farewell Creek without prior written authorization from the Ministry
of Natural Resources.
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If final approval is not given to this plan within three years of the
, draft approval date, and no exten5'ions have been granted, draft approva 1
shall lapse under section 36(13) of- The Planning Act. Extension may-'b?-
granted provided valid rea!;on is given and is submitted to the Region well
in advance of the lapsing date.
7.
"~~
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DATED ~~"';.\...'- I 1983
BET WEE N:
The cortoration of the Town of
Newcast e
- and -
GEARING FARMS LTD.
- and -
RALPH S. JONES, TRUSTEE AND
THE ROYAL BANK OF CANADA
SUBDIVISION AGREEMENT
JONES & JONES
130 King St. E.
Oshawa, Ontario
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SCHEDULE
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SUBDIVISION AGREEMENT dated ~~~ /,
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
GEARING FARMS LTD.
- and -
RALPH S. JONES, TRUSTEE AND
THE ROYAL BANK OF CANADA
IN THE MATTER OF an application by Gearing Farms Ltd.
for final approval and release by The Corporation of
of a proposed plan of subdivision being Schedule "A "
Subdivision Agreement between the subdivider and the
dated
the Town of NewcastlE
to the
Town
I, RALPH S. JONES
, a solicitor of The Supreme
Court of Ontario, do hereby certify that the above named subdivider
is the sole owner in fee simple of all land included in the plan
forming Schedule" A" to the Subdivision Agreement datedh~U;,.,19t3
I further certify that there are no mortgages or other
encumbrances upon the said land or any part thereof save and except
the following:
- a first mortgage in favour of Ralph S. Jones, .Trustee and
- a second and third mortgage in favour of The Royal Bank of Canada
I further certify that GEARING FARMS LTD.
is the sole owner in fee simple of all land to be conveyed to the
Town
or over which easements or rights are to be conveyed
to the Town pursuant to paragraph s 2.3 and 2.4
Schedule "E" and
Schedule" F" of the said agreement free from all encumbrances
save and except the following:
This certificate is given by me to The Corporation of the
Town of Newcastle for the purpose of having the said
Town
act in reliance on it in approving and releasing the proposed plan of
subdivision.
DATED at Oshawa
this
J..- r A,/ day of ~ IfY3
so~r
1983.
TO:
.{ByolaW No.--~:--5}_:_..'lq:.~.:~_. ['
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DATED September 30, 1983
1391
APPLICATION TO REGISTER NOTICE OF
AN UNReGISTERED ESTATE, RIGHT, lNTEREST
INTEREST OR EQUITY
Section 74
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JONES & JONES
130 King St. E.
Oshawa, Ontario
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