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HomeMy WebLinkAbout81-17 -~ '...'.'.. # '. . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-lAW 81-17 being a by-law to authorize the entering into an Agreement with Ridge Pine Park Inc. The Council of the Corporation of the Town of Newcastle hereby ENACTS AS FOllOWS: 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 Seal an Agreement between Ridge Pine Park In c. and the sa i d Cor p 0 rat ion, d ate d the 21 ~ ~r 1.1 ~.....~ II{ J I which is attached hereto as Schedule "A", . By-law read a first and second time this 26th day of January 1981. By-law read a third and final time this 26th day of January 1981. Garnet B. RiCkar~~~ Mayor Joseph Clerk c7 I 2 . .. .-------------7 M. MCIlrOyr~~~ t/ ; . \ File NO.mum.~.LSL1?JQ........J --'T~-~-"~""~ .~-_..-:~. ",-,f.'1 ~ ,.~ .. ... , \. :"......"..'.' ;~ . '-< e ..~' .......r:.. ~. . ,4 , '- I By.law No._._~L:::l1_._J' '1- '1 ~y of January, 1981. .. , .. THIS AGREEMENT MADE this '<( BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Municipality", OF THE FIRST PART; - and - RIDGE PINE PARK INC., a company incorporated pursuant to the laws of the Province of Ontario, hereinafter called the "Developer", OF THE SECOND PART. WITNESSETH THAT: WHEREAS the lands affected by this Agreement are outlined in red on Schedule "A" hereto are hereinafter called the lands and'constifute 123. 9 hectares , Ov1J-J es-zJ. JI--"-- 0-..ui.vvi... ,'-l A dJ;;;.lJ... . '.,~. ,~ AND WHEREAS the Developer warrants that it will be acquirin~LuJ.C ownership or leasehold interests in the "lands"; AND WHEREAS the Devel?per has applied to the Municipality for an amendment to Restricted Area By-law 2111, of the former Township of Darlington and to By-law 1592 of the former Township of Clarke, now in the Town ~f ~~wcast1e; . AND \9HEREAS to comply with the Municipality's conditions for s~ch ~ 1 approval, the Developer has consented to enter into this Agreement with the J:!unicipality; AND WHEREAS the Developer warrants that it has entered, or will enter into an Agreement with the Corporation of the Regional Municipality of our,harn, hereinafter called.' the "Region" to construct, install, and maintain certain works for the Region, in accordance with regional or Ministry of Environment standards and to. meet the Region's financial requirements; AND WHEREAS the Developer warrants that it has or will enter into an agreement with the appropriate Public Utilities Commission or other a~thority or company having jurisdiction in the area of the said lands for the design and installation of the utilities 'referred to in Schedule "8" and hereinafter called "Utilities". / e . e . " - 2 - ,AND WHEREAS in this Agreement "Director" means the Director of Public Works of the Town of Newcastle, unless otherwise indicated, or such duly qualified Engineer as may be appointed by the Council of the Municipality to act in his place. NOW THEREFORE in consideration of the mutual agreements and covenants and promises herein contained, the other good and valuable consideratior the parties hereto agree as follows: CERTIFICATE OF OWNERSHIP 1. The Developer shall, at the time of the execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title of the said lands and setting out the names of all persons having an interest in the said lands and the nature of their interest. . 2. The Developer shall, at the time of the execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifying as to the title to any land which is to be conveyed to the ~unicipality or over which easements are to be granted to the Municipality pursuant to the terms of this Agreement. COpy OF PLAN AND AGREEMENTS REQUIRED 3. The Developer shall, at the time of the execution of this Agreement, provide the Municipality with as many copies as the Municipality requires of the site plan for the said lands. The said site plan is attached hereto as Schedule "C" and is hereinafter called the "Plan". The Developer shall also furnish to the Municipality at the time of the execution of this Agreement a copy of the agreement entered into between the Developer and the Regional Municipa~ity of Durham with respect to the construction, installation and maintenance of the works, if such Agreement is in existence at the time of the execution-of this Agreement. If the agreement with the Regional Municipality'of Durham is not available at the time of the execution of this Agreement, the Developer agrees to provide the Municipality with a copy of the Agreement entered into with the Regional Municipalit: of Durham, immediately after approval is granted or the agreement signed. The developer shall also furnish to the Municipality at the time of the execution of this Agreement one copy of each of the agreements entered into with,the Public Utilities Commission or other authority or company having jurisdiction in the area of the said lands for the design and installation of the utilities, or, if such agreement or agreements are 'not in existence at the time of the execution of this Agreement, the Developer agrees to provide the Municipality with a copy of each such agreement immediately after such agreement is signed. PAYMENT OF TAXES 4. The Developer shall, at the time of the execution of this Agreement, pay all Municipal taxes outstanding against the said lands, as set out in Schedule "0" hereto. The Developer further agrees to pay any Municipal taxes which may become due and payable by it. PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Developer shall, at the time of the execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said lands, as set out in Schedule "0" hereto. Such charges shall include the Municipality's share of any local improvements assessed against the said lands, as set out in Schedule "0" hereto. Such charges shall include the Municipality's share of .~ - 3 - any local improvements which serve the said lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. PAYMENT OF DRAINAGE CHARGES 6. The Developer shall, at the time of the execution of this Agreement, pay all drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile Drainage Act, 1971, against the commuted v?lue of such charges falling due after the ex~cution of this Agreement. PAYMENT OF DEVELOPMENT CHARGES 7. The Developer shall pay all development charges, in the amounts and at the times set out in Schedule "E" hereto. DEDICATION OF ROAD.ALLOWANCES , 8. The Municipality shall, at the time of execution of this Agreement, or such later date as may be agreed by the Developer and the Municipality, close by by-law those road allowances within the lands which are abutted on both sides by lands owned by the Developer and shall dedicate such lands to the Developer or the - abutting landowner for such consideration as may be mutually agreed. GRANTS OF EASEMENTS 9. If subsequent to the execution of this Agreement, upon the submission of detailed engineering drawings, easements are required for utllities or drainage or other purposes, the Developer agrees to transfer to-the Municipality such further easements upon request. UTILITIES REQUIRED . , 10. ThB Developer shall be responsible for entering into agreements with the appropriate Public Utilities Commission or other such authority or company having jurisdiction in the area of the said lands for the design and installation of the utilities as more particularly referred to in Schedule "B". DEVELOPER'S ENGINEER 11. The Developer shall retain a competent Professional Engineer, registered by the Association of Professional Engineers of Ontario, and hereinafter called the "Developer's Engineer", to undertake all engineering requirements as specified by this Agreement. APPROVAL OF ENGINEERING DRAWINGS 12., The Developer shall, prior to the issuance of any Authorizatj to Commence Works as provided herein, have received the written approvaJ of the Director for all drawings of all of the Works hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineerj Drawings, the Engineering Drawings shall be resubmitted to the Director for reapprova1 and further revision if required by the Director, and no work shall be done unless in accordance with the said revised and reapproved Engineering Drawings. In the event the Director has failed to provide the written approval within 45 days from the submission of the Engineering Drawings, the Developer shall have the right to install the said works on providing a certificate from the Developer's Engineer certifying that such works have been designed - 4 - according to the Ontario Plumbing Code, the National Building Code and sound engineering practice, as the case may be. APPROVAL OF GRADING AND DRAINAGE PLAN 13. The Owner shall, prior to the issuance of any Authorization to Commence Work as provided herein, have received the written approval of the Director and the Conservation Authorities having jurisdiction of the plan, hereinaft~r called the "Grading and Drainage Plan", ~nd' showing thereon all proposed drainage works for the said lands. If no construction of the Works has commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director and the Conservation Authorities having jurisdiction for reapproval and revision if required by the Director and/or the Conservation Authorities having jurisdiction and no such work shall be done unless in accordance with the said revised and, reapproved drawings. In the event the Director has failed to approve the Grading and Drainage Plan within 45 days from submission thereof, the Developer shall have the right to install the said works on providing a certificate from the Developer's Engineer certifying that such works have been designed in accordance with sound engineering practice. \VORKS e . 14 (1) The Developer shall construct the works (hereinafter referred to the "Works") shown on the plans forming part of Schedules "C" and "F". 14 (2) ,The Developer will at its expense construct a bridge crossing~he railway tracks of The Canadian National Railway (which hereinafter shall be referred to as the "Railway Bridge"). No mobile homes in. the mobile home parks may be occupied until such time as the bridge is opened for free vehicular movement or the Municipality has approved temporary access. All necessary Canadian Transport Commission approvals for the construction of the bridge shall be obtained prior to the commencement of construction of the works located in the mobile home park. e . .. 14 (3) The Works and the Railway Bridge shall at all times remain the property of the Developer, its successors or assigns and shall not become vested in the Municipality and shall not be deemed to be dedicated to nor assumed by the Municipality notwithstanding that the Municipality its servants, agents or contractors may enter upon and do work upon any of the Works or the Railway Bridge. 14 (4) The Developer shall include in every agreement for sale or lease or agreement to lease of any portion or portions of the mobile home park or, mobile home site a clause that the Municipality shall not be responsible for the installation or maintenance of any of the Works or the Railway Bridge. 14 (5) Notwithstanding that the mobile home park has access to cobbledick Road, the Developer agrees to resbrict access to Cobbledick Road for emergency purposes only and, to this end, upon the completion of the upgrading of Bennett Road, shall construct a breakaway emergency gate on the lands and shall by the terms of any lease or agreement to lease restrict lessee's access for emergency purposes only. WORKS GUARANTEE 15. Prior to commencement of construction of any portion of the works, the Developer shall deliver to the Municipality an estimate prepared by the Developer's Engineer of the value of the works together with a letter of credit from a Canadian Chartered Bank .... - e . e . - 5 for one hundred (100%) percent of the cost of the estimated cost of the work, the Developer then proposes to install. The Developer shall also provide an estimate of when the work will be completed. At such time as such part of the works have been completed, the Municipality will reduce the letter of credit by eighty (80%) percent on receipt of a statutory Declaration that all accounts for work and materials have been paid. The remaining twenty (20%) percent shall expire one year from the date of completion and shall secure the Developer's maintenance obligations. So long as existing obligations remain with respect to such part of the works, the Developer will deliver a renewal of any letter of credit within 15 days prior to the expiration thereof, failing which the Municipa1i.ty shall be entitled to draw down the letter of credit and complete such obligations. ' ' INCOMPLETE OR FAULTY WORK 16. If, in the opinion of the Director, the Developer is not prosecuting or causing to be prosecuted the Work required by this Agreement, in such manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Developer neglects or abandons the said Work, or any part of it, be~ore completion, or unreasonably delays the execution. of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the provisions of ,this Agreement, or in the event that the Developer neglects or refuses to do over again any Work which may be rejected by the Director, as defective or unsuitable or if the Developer in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such case the Director on the authority of the Council of the Municipality may notify the Developer and his surety in writing of such default or neglect and within ten (10) clear days after, the giving of such notice or within such fUI;'ther period of time as/m~y be specified in the notice, the Municipal Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Developer or his sureti, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Developer shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty-five (35%) percent of a contractor's charges to the Municipality (including any charges for overhead and profit) or, if such work is undertaken by the Municipality thirty-five (35%) percent of all charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Developer.of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. USE OF ~~RK GUARANTEE 17. The Developer agrees that the Municipality may at any time; by resolution of Municipal Council, authorize the use of all or part of any letter of credit if the Developer fails to pay any costs payable by the Developer to the Municipality under this Agreement by the due date of the invoice for such costs. CONTINUING MAINTENANCE GUARANTEE FOR WORKS 18. The Developer and any successors in title or interest in the said lands agrees to maintain all the works in a reasonable state of repair and further agrees to provide the Municipa11ty with a letter of credit renewable annually, in the amount of Fifty Thousand ($50,000.00) Dollars, which letter of credit may be used, upon twenty (20) days f' ,............ ....",. - 6 - notice in writing to the Developer by the Municipality to repair any works which is not maintained in a reasonable state of repair. The value of any maintenance or repair undertaken by the Municipality on the said lands shall be deducted from the said letter of credit and upon the letter of credit being reduced it shall be restored to $50,000.00 by the Developer forthwith upon demand. INDEMNIFICATION OF MUNICIPALITY AND INSURANCE 19. The Developer covenants and agrees to indemnify the Municipality against all actions, causes of actions, suits, claims and demands whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Developer shall also provide the insurance called for by Schedule "G" to this Agreement. MINISTRY OF ENVIRONMENT REQUIREMENTS 20. Prior to issue of any building permit for a mobile home, the Developer must meet Ontario Ministry of Environment noise attenuation noise standards and shall provide the Municipallty with satisfactory evidence from the Ministry of compliance. " REQUIREMENTS FOR AUTaORIZATION TO COW~ENCE WORKS . 21. Subject to the provisions of paragraphs 12 and 13, the Developer shall not commence the construction or installation of any of the Works without the written permission of the Director, herein- after called an "Authorization to Commence Works". The Developer shall only commence those Works permitted by the Authorization to Commence Works. In addi,tion to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) the necessary amendments to Restricted Area By-laws 2111, of the former Township of Darlington and 1592, of the former Township of Clarke,' now in the Town of Newcastle have received Ontario. Municipal Board approval; and . (2) the Developer has delivered copies of the Agreements as required by paragrpph 3 of this Agreement; and (3) the Developer has paid to the Municipality any out- standing charges against the said lands required by paragraphs 4, 5 and 6 of this Agreement; and (4) the 'Developer has delivered copies of the Agreements with the appropriate Public Utilities Commission, or authority or company having jurisdiction, stating that satisfactory Agreements have been entered into for the design and installation of the Utilities as required by paragraph 10 of this Agreement; and t5) the Developer has appointed an Engineer as required by paragraph 11 of this Agreement; and (6) the Developer has received the written approval of the Director for the Engineering Drawings as required by paragraph 12 of this Agreement or the time period for his approval has expired; and (7) the Developer has received the written approval of the Director and the Conservation Authorities having jurisdiction for the Grading and Drainage Plan as required by paragraph 13 of this Agreement or the time period for his approval has expired; and / h...... e . e . - 7 - (8) the Developer has the approyal of the Canadian Transport Commission for the construction of the railway bridge as required by paragraph 14 (2) of this Agreement; and (9) the Developer has deposited with the Municipality the letter of credit applying to that part of the Plan for which the Developer is seeking such Author- ization to Commence Work as required by paragraph 15 of this Agreement; and (10) the Developer has deposited with the Municipality any policies of insurance as required by paragraph 21 of this Agreement. SIGNALS AT COBBLEDICK ROAD RAILWAY CROSSING / 22. within twelve (12) months of the occupancy of the first mobile home, provided the Canadian Tansport Commission has given the necessary approval, the Municipality shall construct and instal signal lights and gates at the Canadian National Railway crossing on Cobbledick Road. DAMAGES TO EXISTING SERVICES 23. The Developer agrees to pay the cost of repairing any damage~ to any services which without limiting the generality of the foregoing shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the said lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Director, and/or authorities responsible for such services. REPAIR OF HUMICIPAL ROADS 24. The Developer agrees to repair any damage to Municipal roads as a result of any construction in the mobile home park or the railway bridge and the Developer agrees to keep Municipal roads free and clear of mud and debris during the course of construction. USE OF SAID LANDS 25. The Developer agrees that the said lands shall not be used for any purpose other than that set out in Schedule "H" hereto without the prior written consent of the Municipality. LANDS UNSUITABLE FOR BUILDING 26. The Developer agrees that the lands outlined in red in SchedUle "c" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structures on the sai'd 1 ands until the conditions outlined in-Schedule "c" hereto 'for the'!bid'>'lalilds;': have been satisfied to the approval of the Director and/or any other authorities having jurisdiction. RIGHT OF ENTRY 27'(1) The Developer agrees that the Municipality, its servants, agents or contractors shall have the right of entry to the property for the purpose of fulfilling its duties under the terms of this Agreement or at law; and 27 (2) The Developer further agrees that any governmental authorities (which without limiting the generality of the foregoing shall be deemed to include any fire department, police authority, public health agency, conservation authority, Region of Durham, Ontario Hydro, Newcastle Hydro Electric Commission) shall have the right of ,entry to the property for the purpose of fulfilling their duties at law.' I , - 8 - REQUIREMENTS FOR SALE OF LANDS 28. The Developer agrees not to lease or sell any or all of the said lands until the Developer has inserted in the agreement of purchase' entered into by the prospective purchaser or lessee, notice that the lands are subject to the covenants and obligations set forth in this Agreement. INDEMNIFICATION 29. The Municipality shall be saved harmless by the Developer or any successor in title from any loss or damage to persons or property resulting from the inadequacy of the construction, installatior and maintenance of any of the works ,or the railway bridge. RESPONSIBILITY FOR DRAINAGE / 30. The Developer of each mobile home site on the Plan shall have the sole responsibility for providing and maintaining adequate' drainage of surface waters froM the lands in Schedule "A". INTEREST IN SAID LANDS '- 31. The Developer hereby charges all its interest in the said lands with the obligations set out in this Agreement. PAYMENT OF MUNICIPAL COSTS 32 (1) Every provision of this Agreement by which the Developer is obliged in any way shall be deemed to include the words "at the expense of the Developer" unless the context otherwise requires. (2) The Developer shall reimburse the Municipality for all reasonable legal expenses actually incurred for the preparation and registration of this Agreement and the legal services contemplated by the terms of this. Agreement' and for the cost of administration, engineering and inspection costs, provided the maximum payable pursuant to this paragraph shall not exceed TWC THOUSAND FIVE HUMDRED ($2,500.00) DOLLARS. (3) the Developer shall have the right to inspect, upon reasonable notice, during regular business hours, such accounts, invoices, time records and other documents and calculations of charges for which the Municipality is seeking reimbursement. UNPAID CHARGES 33. The due dates of any sum of money payable herein, unless a shorter time is specified, shall be thirty (30) days after the date of the invo~ce. Interest at two (2%) percent per annum over prime shall be payable herein, which are not paid on the due dates, calculated from such due dates. NOTIFICATION OF OWNER 34. If any notice is required to be given by the Municipality to the Developer in respect of this Agreement, such notice shall be mailed or delivered to: Ridge Pine Park Inc. 17 Dean Street Brampton, Ontario L6W IM7 or such address as the Developer has notified the Municipality in writing, and any such notice mailed or delivered shall be deemed good and sufficlent ~otice under the terms of this Agreement. e . e . - 9 - REGISTRATION OF AGREEMENT 35. The Developer hereby consents to the registration of this Agreement by the Municipality. RENEGOTIATION AND AMENDMENT OF AGREEMENT 36. (1) The Developer agrees that the Municipality may at its option in the circumstances set out below on thirty (30) days written notice to the Developer, declare this Agreement to be subject to renegotiation, whereupon the Developer agrees not to undertake any construction or installation of any of the Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (i) the Ontario Municipal Board approves a Restricted Area By-law which materially affects the Plan; (ii) this Agreement is not registered within eighteen (18) months of the date of the execu~ion of this Agreement: or (iii) if any Agreement between the D~veloper and the Regional Municipality of Durham mat.erially affects the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) no construction or installation of any of the works has commenced within two (2) years of the date of final approval of the RestriCted Area By"'law. and failing agreement, this Agreement shall be null and void. (2) The parties may from time to time by mutual agreement amend the terms of this Agreement and ,any of the Schedules but an amendment shall only be ef~ective if in writing and executed under the seals and hands of the proper signing officers of each party. / MUNICIPALITY TO ACT PROMPTLY 37. Wherever the Municipality, a Committee described under this Agreement or a Municipal Official is required to take action pursuant to this Agreement~ or is required to make a decision or render an opinion, or give confirmation or give authorization, permission or approval, then such act, decision, confirmation, authorization, permission or approval shall be made promptly and in all respects the Municipality and its officers, servants or agents shall act reasonably: ASSIGNMENT OF AGREEMENT 38. The Developer shall not assign this Agreement without prior written consent of the Municipality, provided such consent cannot be unreasonably withheld and no such assignment shall relieve the Developer of any of its, obligations under this Agreement. . , .. 10 .. SCHEDULES TO AGREEMENT 39. The following Schedules which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: SCHEDULE IIAII - ilLegal Description of Said Landsll SCHEDULE liB II - "Utilitiesll SCHEDULE IICII - IISite Plan" SCHEDULE 110" - "r'1unicipal Taxes" SCHEDULE IIE" - IIDevelopment Charges II SCHEDULE IIF" - "Works to be Constructed II SCHEDULE IIG" - "Insurance" e SCHEDULE "H" "Land Use" . SUCCESSORS 40. This Agr~ement shall ensure to the benefit of and be binding upon all of the parties hereto, its, his or her respective heirs, executors, administrators, successors or assigns. ' IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf, on the day and year first above written. e . THE CORPORATION OF THE TOWN OF NEWCASTLE Per: //U~ . . r4ayor " Per: ~ v----::/ ___ ~ ~erk / RIDGE PINE PARK INC., Per: Cc Pe ~/~ r-~j ::!~. -,~ -.~ ~t~, =~3:' ~~:::: :::::~ :::.~. -..~. ~:3: -::::::. J U~: , ..... ~ ~,: i~: : ~i: ~ ~:: . ::.;... . :at'" ::.:.:: : :~I: . -," :~: J /' ~/ -- J< ~~~t~.;~~,.. ;~.~ .. - _. ~:~3: .--- " A ~., ...~ "~- - +" --- ~. '0' .......-~ >rne.- \ :r:a. - . =.....-'~' ~ " - -~ --- - \ - \ " '-' . .., - - "__I, ~ --- --- - . =-:- ;:....; \ ... -..:::...::. ~~ \ \ :.J- \ \ \ \ \ - , - -- ----- -' 1 ". -- - /&.f.. "( -:--.= -=- --=...- . - ,- -- - -.--:-'-:...-:.- ~-~~~~ .. .::=;-- --:::-:::-- 1--- . i ~. _____,~A-_--- "..' tl\ JF~\~" ~ -~ - ). --:-.... \ ~ , , , ;.. T&..II to "\ . . '---. ". " -- ~ - _."... - " \ ,,-. \ I " // ..............- ------ _ "'--,~ ~1 ,_ _...--:H':~~_ ~-- -< -=: ?:. .::.; ~ _r -. ~...t.J. --. -- -....-.... --- .,--- ~...- ..-- "-'"... -.- _r - --- ----- --. -~--- -- - 1l""'t....-::- .- :..:.-~~ !.!S;:!_~_:~ j j ,~=:::-;-::=;.~ ! ; --...._, I ! ....~ L.,;,'1 I! ....::~I: _-:~ ~~ i ~~~{ .'i ~ ~ .:.=::-~ - -L..... r ~. ,. & SCHEDULE "B" THIS IS SCHEDULE "B" of a Development Agreement between The Corporation of the Town of Newcastle and Ridge Pine Park Inc. ELECTRICAL SUPPLY SYSTEM The Developer shall arrange with ,Ontario Hydro Electric Power Commission for the design, provision and installation of an underground electrical supply system to serve the lands, in the locations as approved by the Director. LIGHTING SYSTEM The Developer shall arrange with Ontario Hydro Electric Power Commission for the design, provision and installation of a complete lighting system to serve the sain lands. The Developer shall furnish written evidence .. satisfactory to the Director that such arrangements have been made prior to the issuance of any Authorization to Commence works. .' I TELEPHONE SYStH1 The Developer shall arrange with the Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said lands, as approved by the Director. All telephone services are to be installed underground. THE CORPORATION OF THE TOWN OF NEWCASTLE . >, Per: ..,'" , Per: :~a /7-rl-/l cfry~-- /;-4 /:>' ~~~--~ RIDGE PINE PARK INC. / , I SCHEDULE "0" THIS IS SCHEDULE "D" of a Development Agreement between 'l'he Corporation of the 'rown of Newcastle and Ridge Pine Park Inc. 1. MUNICIPAL TAXES NIL 2. LOCAL IMPROVEMENT CHARGES NIL 3. DRAINAGE CHARGES NIL THE CORPORATION OF THE TOWN OF NEWCASTLE / Per :._ <,7 ~--47Z_ ~- ~~ MSlydr . . ~~~- Per: RIDGE PINE PARK INC. Per: Per: e . e .' SCHEDULE "E" ---..-.- THIS IS SCHEDULE "E" of a Development, Agreement between 'I'he Corporation of the Town of Newcastle and Ridge Pine Park Inc. 1. At the time of issurance of building permits for each Block of. mobile home units (there must be at least 25 mobile home units in each such Block), the Developer will pay to tha Town a development charge of $615.00 for each unit in such Block. 2. Within 12 months from the issuance of the first building peimit for a mobile home, the Developer covenants that it will have paid to the Town, pursuant to paragraph 1. a minimum of $132,225.00. 3. Within 12 months from permit for a mobile home, the paid to the Town, pursuant to $132,225.00. .. the issuance of the 216th building Developer covenants that it will have paragraph 1., a minimum of a further THE CORPORATION OF THE TOWN OF NEWCASTLE Per :,' -- ,/ ~ / ~/~~ ~f/ Mayor Per: . a---.,1.--'- .,' /// 0, ~-"._-- RIDGE PINE PARK INC, per:%r e?cP~ per:~~ . - SCHEDULE IIFII This is Schedule IIFII of a Development Agreement between The Corporation of the Town of Newcastle and Ridge Pine Park Inc, Schedule 1If!' consists of the following Plans: (1) Service Shop, Maintenance Building_ Storage Area Plan. (2 ) Works Department Plan. (3) Grading Plan. (4 ) Typi ca 1 Locker Pl an. (5) Typical Cul-de-Sac Plan, (6 ) Landscape Plan, (7) Typical Landscape Pl an Zone I. II (8) Typical Landscape Pl an Zone II. (9) Typical Landscape Pl an Zone III. (1 ~) Typical Mobile Home Park Road cross section. .. (11 ) Proposed Community Hall Pl ans. THE CORPORATION OF THE TOWN OF NEWCASTLE . "" "p' ~ /;1 per: ~.~~~ Mayor per: -~~--~--, C/ . . a1!Fk RIDGE PINE PARK INC., per: 'Plt ~c? ~ per~ / ~ / SCHEDULE "G" THIS, IS SCHEDULE "G" of a Development Agreement between 'l'he Corporation of the Town of Newcastle and Ridge Pine Park Inc. INSURANCE POLICIES REQUIRED 1. TYPES OF COVEI~GE REQUIRED The Develope~ shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with the insurance company approved by the Municipal Treasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the 'Municipality against all,damages or claims for damages for: (a) any loss or damage that shall or may happen to any of the Works Or any of the Utilities or to any part of parts thereof respectively; and , (c) (d) . . (e) (f) (g) , (b) any loss or damage that shall or may happen to any of the materials or any of "the equipment or any other things used to construct or install any of the Works or any' of the Utilities or any part or parts thereof respectively; and any injury to any person or persons including workmen employed on the said lands and the public; and any loss or damage that shall Or may result.from the storage, use or handling of explosives; and any loss or damage that shall or may result from the drainage of surface waters on or from the said lands; and any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and any loss or damage that shall or may happen to any public road or to any other property of the Municipality or to the property of any other person either directly or indirectly by reason of the Developer's undertaking the development of the said lands together with any or all of the works and Utilities pertaining thereto. '2. AMOUNTS OF COVERAGE REQUIRED POlicy or policies of insurance shall be Issued jointly in the name of the Developer and the Municipality and shall provide the following minimum coverage: (a) $500,000.00 for loss or damage result~ng from bodily injury to, or death of, anyone person; and (b) $1,000,000.00 for loss or damage resulting from bodily injury to, or death of, two ,or more persons arising out of the same a~cident; and / '- . . I , - 2- (c) $500,000.00 for anyone occurence of property damage. The issuance of such policy or policies of insurance shall not be construed t6 relieve the Developer from responsibility for other or larger claims for which it may be held responsible. THE CORPORATION OF THE TOWN OF NEWCASTLE / i Per: -' ~~~ 'Mayor f] , ,---7 ... C ,. ~~'--_/~ C Cl~ Per: RIDGE PINE PARK INC.. . . Pe / " '. -~, , . oi_ . . . SCHEDULE "H" THIS IS SCHEDULE "B" of a Development, Agreement between The Corporation of the Town of Newcastle and Ridge Pine Park Inc. USE OF SAID LANDS The Developer agrees that the said lands shall not ~e used for any purpose other than as set ,out in the following table: LOT OR BLOCK NUMBER LAND USE / ALL In accordance with th~ provisions of Restricted area By-law relating to the lands in Schedule "A" . . THE CORPORATION OF THE TOWN OF NEWCASTLE per:_L'~~a; May r Per: n~~ C/ C RIDGE PINE PARK INC. '. Per: ,., Per: ~ ii' , . .. , DATED: January 12th, 1981 BET WEE N THE CORPORATION OF THE TOWN OF NEWCASTLE - and - RIDGE PINE PARK INC. / A G R E E MEN T SIMS MORTON McINERNEY & BRADY Barristers and Solicitors, 117 King Street, Whitby, Ontario.