HomeMy WebLinkAbout81-60
-
,.
THE CORPORATION OF THE TOWN OF NEWCASTLE
.
BY-LAW 81-60
being a by-law to authorize the entering into an
Agreement with East Woodbridge Developments Limited
and Mutt Enterprises Limited
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 East Woodbridge Developments
Limited and Mutt Enterprises Limited and the said Corporation dated
the
which is attached hereto as Schedule "A".
.
By-Law read a first and second time this 4th day of May 1981.
By-Law read a third and final time this 4th day of May 1981.
Garnet B. Rickard ~
Mayor .
David W. Oakes _on . ~
Clerk ~
.
] File NO.nnn--mV2Q:n'l'-'JOL,]
-r ,
I " ""
\ . -v
~r ·
I.
I
.
.
/
, )
'B'1 - L~ ~(-,"O
THIS AGREEMENT made in quintuplicate this
I~'^-
day of ~L{ t...'1 A. D. ('1 g J
BET WEE N
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the "Municipality"
OF THE FIRST PART,
and
EAST WOODBRIDGE DEVELOPMENTS LIMITED, and
MUTT ENTERPRISES LIMITED,
hereinafter called the "Owner"
/
OF THE SECOND PART,
and
hereinafter called the "Mortgagee"
OF THE THIRD PART,
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement, which are described in Schedule
"A" hereto are hereinafter called the "Lands" and constitute 37.825 ha;
AND WHEREAS the Owner warrants that it is the registered owner of the Lands;
AND WHEREAS the Owner warrants that the Mortgagee is the only Mortgagee of
the Lands;
AND WHEREAS the Owner warrants that it has applied to the appropriate Minister
of the Government of Ontario, hereinafter called the "Minister" for approval
of a plan of subdivision of the Lands;
-
~
"\
4.
, ..'
.~
. '
- 2 -
AND WHEREAS to comply with the Minister's conditions for such approval, the
Owner has consented to enter into this Agreement with the Municipality;
AND WHEREAS the Owner warrants that it has entered, or will enter into an
Agreement with the Corporation of the Regional Municipality of Durham, herein-
after called the "Region" to construct, install, and maintain certain public
works for the Region;
AND WHEREAS the Owner warrants that it has or will enter into an agreement with
the appropriate Public Utilities Commission or other authority or company
having jurisdiction in the area of the said Lands for the design and installa-
tion of the utilities referred to in Schedule "H" and hereinafter called
"Utilities";
/
AND WHEREAS in this Agreement "Owner" includes an individual, an association,
a partnership, or a corporation, and wherever the singular is used herein, it
shall be construed as including the plural;
.
AND WHEREAS in this Agreement "Director" means the Director of Public Works
of the Town of Newcastle, 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, and other good and valuable consideration, the
parties hereto agree as follows:
CERTIFICATION OF OWNERSHIP
1. The Owner 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. rhe Owner 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 Municipality or over which easements are to be granted to the Municipali-
ty pursuant to the terms of this Agreement.
COpy OF PLAN AND AGREEMENTS REQUIRED
3. Subject to paragraph 63(3) hereof, the Owner shall, at the time of the
execution of this Agreement, provide the Municipality with as many copies as
the Municipality requires of the plan of subdivision for the said Lands, which
plan shall be the plan prepared for approval by the Minister; The said plan
is attached hereto as Schedule "B" and is hereinafter called the i'P1an". The
Owner shall also furnish to the Municipality at the time of the execution of
this Agreement one copy of the said Plan containing the stamp of approval of
the Regional Municipality of Durham, and a copy of the subdivision agreement
entered into between the Owner and the Regional Municipality of Durham with
respect to the said Plan if such approval and/or Agreement is in existence at
the time of the execution of this Agreement. If the approval or agreement
with the Regional Municipality of Durham is not available at the time of the
execution of this Agreement, the Owner agrees to provide the Municipality with
the Plan with the stamp of approval of the Regional Municipality of Durham,
immediately after approval is granted or the agreement signed. The Owner
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 irtsta11ation of the utilities, or, if
such agreement or agreements are not in existence at the time of the execution
..
~
"
".'-.
.
.
.
.
.
. (
, '
- 3 -
of this Agreement, the Owner agrees to provide the Municipality with a copy of each
such agreement immediately after such agreement is signed. I
PAYMENT OF TAXES
4. The Owner shall, at the time of the execution of this Agreement, pay all
Municipal taxes outstanding against the said lands, as set out in Schedule "c"
hereto. The OWner further agrees to pay any Municipal taxes which may become due /
and payable by it, in respect o! any of the said Lands, prior to the sale by the-
Owner of such lands.
PAYMENT OF LOCAL IMPROVEMENT CHARGES
5. The Owner .sha11, at the time of the execution of this Agreement, pay all
charges with respect to existing local improvements assessed against the said Lands,
as set out in Schedule "c" hereto. Such charges shall include the Municipality's
share of any local improvements which serve the said Lands and shall include the /
commuted value of such charges including charges falling due after the date of the
execution of this Agreement.
PAYMENT OF DRAINAGE CHARGES
6. The Owner shall, at the time of the execution of this Agreement, pay all
drainage charges assessed under The Municipal Drainage Act, 1975, and The Tile 0
Drainage Act, 1971, against the said Lands, as set out in Schedule "c" hereto,
including the commuted value of such charges falling due after the execution of
this Agreement.
PAYMENT OF DEVELOPMENT CHARGES
7. The Owner shall pay all development levies in the amounts and at the times set
out in Schedule "D" hereto. Notwithstanding the provisions of Schedule liD" as to
the times at which the development charges shall be paid, the Owner shall prior to
the issuance of any building permit in respect of any lot or block, pay all
remaining development charges assessed against the said lot or block.
DEDICATION OF EASEMENTS
8. (l) The Owner shall at the time of the execution of this Agreement, or
such later date as may be agreed by the Owner and the Municipality but not later i
than the registration of the Plan, deliver to the Municipality executed transfers v
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 permit in respect of any lot or block, further easements
are required for utilities or drainage, or other purposes, in respect of any lot
or block within the Lands, the Owner agrees to transfer to the Municipality such
further easements, and in no event shall a further easement be requested whi~h
would prevent the erection of a dwelling on any such lot or block.
DEDICATION OF LANDS
9. The Owner shall, at the time of the execution of this Agreement, or
such'later date as may be agreed by the Owner and the Municipality but not
later than the registration of the Plan, deliver to the Municipality executed
deeds of conveyance, sufficient to vest in the municipality or where appli-
cable 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 conveyance shall include the dedication
by the Owner to the Municipality of the lands required by the terms of The
Planning Act, R.S.O. 1980, Chapter 349, as amended from time to time, to be
....
..;:
"
~
"",'" '\
~
- 4 -
dedicated for public purposes, other than for highways, unless the Municipa1it~
has agreed to accept cash in lieu of such lands as provided herein.
CASH IN LIEU OF LANDS
10. The Owner agrees that, if the Municipality agrees to accept cash in lieu
of the dedication by the Owner'to the Municipality of lands for public purposes,
other than highways, the amount of such cash payment shall be as set out in I
Schedule "F" hereto. The Owner further agrees to pay to the Municipality any
such cash payment as set out in Schedule "F" hereto, at the time of the
execution of this Agreement.
REGISTRATION OF DEEDS AND GRANTS OF EASEMENT
11. The aforementioned deeds and grants of easements shall be perpared by the
Owner and registered at the Owner's expense at the same time as the Plan is "
registered. In such deeds and grants of easements the registered number of
the Plan shall be left blank and the Owner hereby authorizes the Municipality
to insert such Plan number after registration of the Plan.
.
LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
12. (1) The Owner shall, at the time of the execution of this Agreement,
deposit with the Municipality a letter from each and every School Board having
jurisdiction over the said Lands stating that arrangements satisfactory to each
and every School Board have been made respecting the acquisition of any lands
necessary for school purposes to serve the said Lands. /
.
(2) In the event that a School Board which has an option to acquire any
lot or block within the Plan and does not exercise its option, the Owner
hereby agrees to notify the clerk of the Municipality in writing that the
School Board has not exercised its option and the ,Owner hereby grants to the
Municipality an irrevocable option to acquire such lands upon the same terms
and conditions as the School Board could have acquired the property, except
that the Municipality shall exercise the option hereby granted, in writing,
within, ninety (90) days of receipt of notification from the Owner that the
Board has failed to exercise its option and, the purchase of such lands by
the Municipality shall be, completed within ninety (90) days of the exercise
of its option.
MUNICIPAL WORKS REQUIRED
13. The Owner shall be responsible for the construction and installation of
the services and landscaping more particularly referred to in Schedule "G"
hereto (hereinafter called "the Works"). Until the issue of a Certificate of
Acceptance as hereinafter provided, the Works shall remain the property of
the Owner .and,the Owner shall be fully responsible for their maintenance.
After theissuan~e of a Certificate of Acceptance, the Works shall vest in
and become the responsibility of the Municipality.
UTILITIES REQUIRED
14. The Owner shall be responsible for enteringintou agreements .:with .:the
appropriate Public Utilities Commi!3SiOn_,oi: other _such authority or comp~ny
having jurisdiction in the area of the said Lands for the design and installa-
tion of the Utilities as more particularly referred to in Schedule "H".
.....--
....
."
...... ,. ~
. "
~
"
.
.
, .
- 5 -
OWNER'S ENGINEER
15. The Owner shall retain a competent Professional Engineer, registered by
the Association of Professional Engineers of Ontario and hereinafter called the/
"Owner's Engineer", to administer this Agreement, whose duties are set out in
Schedule "I" hereto.
DESIGN OF WORKS
16. The Owner agrees that the design of all the Works shall comply with the
Design Criteri~ and Standard Detail Drawings of the Municipality. In the
event of any dispute as to such standards or in the event of any dispute as
to such design requirements the decision of the Director shall be final.
;'
y
APPROVAL OF ENGINEERING DRAWINGS
17. The Owner shall, prior to the issuance of any Authorization to Commence
Works as provided herein, have received the written approval of the Director
for all drawings of all the Works hereinafter called the "Engineering
Drawings". If no construction of the Works has commenced within two (2)
years of the date of approval of the Engineering Drawings, the Engineering
Drawings shall be resubmitted to the Director for re-approva1 and further
revision if required by the Director, and no work shall be done unless in
accordance with the said revised and re-approved drawings.
APPROVAL OF GRADING AND DRAINAGE PLAN
18. The Owner shall, prior to the issuance of any Authorization to Commence
Work as provided herein, have, received the written approval of the Director
of a p1~m, hereinafter called the "Grading and Drainage Plan", and showing
thereon all proposed grading and 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 for re-approva1 and revision if required
by the Director and no such work shall be done unless in accordance with the
said revised and re-approved drawings.
APPROVAL OF TREE PRESERVATION PLAN
19. The Owner shall, prior to the issuance of any Authorization 'to Commence
Works as provided herein, have received the written approval of the Director
of a plan of the said Lands, hereinafter called the "Tree Preservation Plan"
and showing thereon:
(1) the location and approximate size of all existing trees over 300 mm in
circumference at 1.52 m above the ground; and
~",:C.":__
(2) the location of all existing trees referred to in subparagraph (1)
hereof intended to be removed during the development of the said Lands.
No work shall be done and no such trees removed until the Tree Preservation
Plan is approved and only then, in accordance with such approved Plan. It
is agreed by the Municipality that nothing in this paragraph shall prevent
the Owner from removing trees that would otherwise prevent it from carrying
out the Works or from utilizing any lot or block by reason of its inability
to site a dwelling on such lot or block because of such trees.
"
. .
..
..
...
- 6 -
STAGING OF WO~S
20. If the Owner wishes to construct and install the Works and Utilities in
stages, the Owner shall, prior to the issuance of any Authorization to Commence
Work as hereinafter provided, prepare for the approval of the Council of the
Municipality, a plan hereinafter called the "Staging Plan" which divides the /
Plan into stages for the construction, installation and maintenance of the Works
and Utilities. The Owner shall not proceed until such Staging Plan has been
approved by Council of the Municipality, and shall proceed only in accorpance
with such approved Plan, except as it may be subsequently amended with the approval
of the Council of the Municipality.
APPROVAL OF SCHEDULE OF WORKS
.
21. The Owner shall, prior to the issuance of any Authorization ~o Commence
Work, as hereinafter provided, receive the written approval of the Director of
a schedule (hereinafter called the "Schedule of Works") which sets out the
timing sequence in which the Owner proposes to construct and install all of
the Works and Utilities and, where the installation of the Works and Utilities I(
are to be staged the Owner shall prior to the Authorization to Commence Work for
each stage receive the written approval of the Director of a Schedule of Works
for such stage. The Owner shall proceed only in accordance with the approved
schedule, except as it may be subsequently amended with the approval of the
Director.
APPROVAL OF COST ESTIMATE
22. The Owner agrees that, prior to the issuance of any Authorization to
Commence Work, as hereinafter provided, the estimated cost of construction and
installation of all of the Work~, hereinafter called the "Works Cost Estimate"
shall be approved by the Director and entered in Schedule "J" hereto. If the . /
Municipality has approved a Staging Plan for the said Lands, the Owner further \/
agrees that the estimated cost of construction and insta~lation of the Works for
each stage, hereinafter called a "Stage Cost Estimate" shall be approved by
the Director and entered in Schedule "J" hereto.
. PERFORMANCE GUARANTEE REQUIRED
23. (1) Prior to the issuance of any Authorization to Commence Works in
respect of. the said tl1andstl the Owner shall provide the Town with a "Performance
Guarantee" in the form of cash or an irrevocable letter of credit issued by a
Chartered Canadian Bank, in an amount equal to the "Works Cost Estimate" in /'
respect of the Plan, or the stage of the Plan to be covered by the "Authorization
to Commence Works." The "Performance Guarantee" may be used by the Town of
Newcastle as set out in Clause 24 of this Agreement in the event that the Owner
fails to satisfactorily meet the requirements of this Agreement in respect of"
the provisions of the specified works and facilities.
(2) All submissions made under Clause 23(1) above shall be approved by
the Treasurer of the Town of Newcastle.
(3) The cash or irrevocable letter as provided in Clause 23(1) hereof
are hereinafter collectively referred to as a "Performance Guarantee'.'-'-
USE OF PERFORMANCE GUARANTEE
24. The Owner agrees that the Municipality may at any time, by resolution of . J
Municipal Counci~, authorize the use of all or part of any Performance Guarantee
if the Owner fails to pay any costs payable by the Owner to the Municipality
under this Agreement by the due date of the invoice for such costs.
...
,
,
..
- 7 -
INDEMNIFICATION OF MUNICIPALITY AND INSURANCE
25. The Owner covenants and agrees to indemnify the Municipality against all
actions, causes of actions, suits, claims and demands whatsoever and howsoever J
caused, which arise either by reason of the development of the said lands, or
the undertaking of the design, construction, installation and maintenance of
the Works and Utilities. The Owner agrees to indemnify the Municipality with
respect to all such claims notwithstanding the issuance of a Certificate of
Release provided for in this Agreement. The owner shall also provide the insurance
called for by Schedule "K" of this Agreement. .
REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
26. The Owner shall not commence the construction or installation of any of the
Works without the written permission of the Municipality, hereinafter called an ~
"Authorization to Commence Works." The Owner shall only commence those Works
permitted by the Authorization to Commence Works. In addition to any other require-
ments contained herein, no Authorization to Commence Works shall be issued for
any of the Works until:
(1) the Plan has received final approval from the Minister; and
.
(2) the Owner has delivered copies of the Plans and Agreements as required
by paragraph 3 of this Agreement; and
(3) the Owner has paid to the Municipality any outstanding charges against .
the said lands required by paragraph 7 of this Agreement; and
(4) the Owner has deposited with the Municipality any transf~rs of easements
as required by paragraph 8 of this Agreement; and
.
(5) the Owner has deposited with the Municipality any deeds of conveyance
for any lands and paid any cash as required by paragraph 9 and 10 of this Agreement;
and
(6) the Owner shall deliver letters from the appropriate Public Utilities
Commission, or authority or company having jurisdiction, stating that satisfactory
agreements have been entered into for the design and installations of the
Utilities as required by paragraph 14 of this Agreement; and
(7) the Owner has appointed an Engineer as required by paragraph 15 of this
Agreement; and
(8) the Owne~ has received the written approval of the Direct'or for the
Engineering Drawings as required by paragraph 17 of this Agreement; 'and
(9) the Owner has received the written approval of the Director ror':the
landscaping required as part of the Works and more particularly referred to in
Schedule "G'" and
(10) the Owner has received the written approval of the Director for the
Grading and Drainage Plan as required by paragraph 19 of this Agreement; and
(11) the Owner has received the written approval of the Director for the
Tree Preservation Plan as required by paragraph 19 of this Agreement; and
(12) the Owner has received the written approval of the Council of ~he J
Corporation of the Town of Newcastle for the staging plan as required by
paragraph 20 of this Agreement; and
(13) the Owner has received the written approval of the Director for the
Schedule of Works as required by paragraph--21 of this Agreement; and
(14) the Owner has received the written approval of the Director for the
Works Cost Estimate and/or Stage Cost Estimate as required by paragraph 22 of this
Agreement; and
~
~-JIII
".
, "
.
.
, '
- 8 -
(15) the Owner has deposited with the Municipality the Performance Guarantee
applying to that stage of the plan for which the Owner is seeking such authoriza-
tion to Commence Works as required by paragraph 23 of this Agreement; and
(16) the Owner has deposited with the Municipality any policies of insurance
as required by paragraph 25 of this Agreement; and
(17) the Owner has paid all Municipal costs as required by paragraph 59 of
this Agreement as of the date of the issuance of the Authorization to ,Commence
Works; and
(18) Notwithstanding the above, the Owner may commence construction or
installation of the "Works", as referred to in Schedule "G" hereto, with the
written approval of the "Director", prior to the registration of the Plan
provided that sections 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of
this clause have been satisfied., No "Certificate of Acceptance',' of the ''Works'',
as referred to in clause 51 of this Agreement, shall be issued by the "Director",
until the Plan has been registered and all other requirements relevant to the
"Certificate of Acceptance" have been met. The construction or installation of
any of the "Works" pursuant to this Clause, and notwithstanding the aforementioned
approval of the "Director", shall ~ undertaken at the sole risk of the "Owner".
The "Owner" shall save harmless (e9 the "Municipality" from any actions or causes
of action resulting from the construction or installation of any of the "Works"
as may be undertaken pursuant to this clause.
Failing the registration of the "Plan" within three {3) months of the
commencement of the construction or installation of any of the ~orks" as may be
undertaken pursuant to this c1uase, the "Owner" agrees to restore the "lands" to
a condition satisfactory to the "Director".
I,.
REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES
27. If the Municipality has approved a Staging Plan for the said Lands, the Owner
shall require an Authorization to Commence Works for each stage of the Plan. If the
Municipality has issued an Authorization to Commence Works for one stage of the
Plan, in addition to any other requirements contained herein, no Authorization to
Commence Works shall be issued for any subsequent stage of the Plan until: ~'
(i) the Stage Cost Estimate for such stage has been apprbved by the Director
and entered in Schedule ".J" hereto; and
(ii) the Owner has deposited with the Municipality the Performance Guarantee
applying to that stage of the Plan for which the Owner is seeking such Authorization
to Commence Works.
INSPECTION AND STOP WORK
28. The contract with any contractor employed by the Owner to construct or install
any of the Works shall provide that employees or agents of the Municipality may, at
any time, inspect the work of such contractor pertaining to the said Lands and the
Director, after consultation with the Owner's Engineer, shall have the power to
stop any such work in the event, that in their opinion, work is being performed in
a manner which may result in a completed installation that would not be satisfactory
to the Municipality.
t
PROVISIONS FOR CONSTRUCTION AND INSTALLATION
29. All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the Engineering
Drawings shall be permitted unless such variation is authorized in writing by the v
Director. All construction on the said Lands shall be carried out in accordance
with the regulations for constrction as set out in Schedule "L" hereto.
SEQUENCE OF CONSTRUCTION AND INSTALLATION
30. The Owner shall, upon the issuance of an Authorization to Commence Works, proceed
to construct and install all of the Works as required by the approved Schedule of J
Works. \
A
,
.
.
. ,
, <
- 9 -
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
31. The Owner shall, within two (2) years of the date of the issuance of an
Authorization to Commence Works for each phase, complete the construction and /
installation in such phase of all the Works authorized in such Authorization to
Commence Works with the exception of the final coat of asphalt, final lot grading,
driveway~approaches, sodding and tree planting.
ADDITIONAL FACILITIES OR WORK REQUIRED
32. 1ft in the opinion of the Director, any minor or incidental additional work
is required to provide for the adequate operation and functioning of the Works, ~
the Owner shall, until the conclusion of the maintenance guarantee period, construct
or install such additional facilities and perform such additional work as the
Municipality may request from time to time.
INCOMPLETE OR FAULTY WORK
33. If, in the opinion of the Director, the Owner is not executing or causing to be
executed the Work required by this Agreement, in such a manner that it will be
completed within the time specified for such completion, or if the said Work is being
improperly done, or if the Owner neglects or abandons the said Workt or any part of
itt before completion, or unreasonably delays the execution of the same, or if in
any other manner the said Work is not being done properly and promptly in full
compliance with the provisions of the Agreement, or in the event that the Owner
neglects or refuses to do over again any Work which may be rejected by the Director,
as defective or unsuitable, or if the Owner in any other manner in the opinion of
the Director may default in performance under this Agreement, then in any such case
the Director on the authority of the Council of the Municipality may notify the
Owner and his surety in writing of such default or neglect and within ten (10) clear
days after the giving of such notice or within such further period of time as may be
specified in the notice, the 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 Owner or his surety, or both. In cases of
emergency, in the opinion of the Director, such work may be done without prior
notice,.but the Owner shall forthwith be notified. The cost of such work shall be
calculated by the Director, whose decision shall be final. It is understood and
agreed that the total costs shall include a management fee of thirty-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 Owner of the obligations imposed by
this clause is one of the considerations without which the Municipality would not
have executed this Agreement.
~
ENTRY FOR EMERGENCY REPAIRS
34. The Owner agrees that, at any time and from time to time, employees or agents of
the Municipality may enter the said lands for the purpose of making emergency /
repairs to any of the Works. Such entry and repairing shall not be deemed an accep-
tance of any of the Works by the Municipality, nor an assumption by the Municipality
of any liability in connection therewith, nor a release of the Owner from any of its
obligations under this Agreement.
DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
35. (1) the Owner agrees to pay the cost of repairing any damages to any adjacent
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 direct 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.
\
..
,
. ,
,
.
'.
- 10 -
(2) the Owner agrees to, if the well or private water supply of any person
outside the Plan is interfered with or dewatered as a result of the construction or
installation of the. Works:
(a) Where intereference to a well or private water supply is of a short term
duration (i.e., during the course of dewatering an excavation and within one
__, _,_..JI1onth of the completion of dewatering) make available to the affected party, a
temporary supply of water at no cost to the affected party; or
\,./
.
(b) where the interference to a well or private water supply is of a long term
duration, at the option of the Owner and at his expense connect the affected
party to the Municipal water supply system or provide a new well or private v/
water system so that water supplied to the affected party shall be of a quality
and quantity at least equal to the quality and quantity of water enjoyed by the
affected party prior to the interference.
USE OF WORKS BY MUNICIPALITY
36. The Owner agrees that any of the Works may be used by the Municipality, or other
authorized persons, for the purposes for which the Works are designed. Such use of
any of the Works shall not be deemed an acceptance of any of the Works by the
Municipality nor an assumption by the Municipality of any liability in connection
therewith, nor a release of the Owner from any of his obligations under this agreement.
.-/
USE OF SAID LANDS
37. The Owner agrees that the said Lands shall not be used for any purpose other ~
than that set out in Schedule "M" hereto without the prior written consent of the
Municipality.
LANDS UNSUITABLE FOR BUILDING
38. The Owner 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 V
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 approval of the Director and/or any other
authorities have jurisdiction.
LANDS REQUIRING SITE PLAN
39. The Owner covenants and agrees that no application for any building permit in
respect of the lots or blocks of the Plan which are set out in Schedule "0" shall be
made until the Owner has entered into a Site Plan Agreement with the Municipality
respecting the development of such lot and unless the application for a building y/'
permit complies in all respects with the terms of the said Site Plan Agreement.
REQUIREMENTS FOR BUILDING PERMITS
40. Neither the execution of this Agreement by the Municipality nor the approval by
the Municipality of the Plan for registration, nor the issuance by the Municipality
of any Certificate of Acceptance shall be deemed to give any assurance that building
permits when applied for will be,issuedin respect of any of the said Lands. The ./
Owner agrees that no application for any building permit in respect of any of the
said Lands shall be made until:
(1) all easements for Utilities or drainage, or other purposes across, the lot
or block in respect of which a building permit is proposed to be issued have been
transferred to the Municipality; and
(2) all the roads which are required to be constructed under this Agreement to ~
provide access to the proposed building, have been constructed to at least the
granular "B" stage; and
(3) all the Works required to be constructed and installed under such roads~
have been constructed and installed to the approval of the Director; and
(4) all of the Utilities required to be constructed and installed under such
roads have been constructed and installed to the approval of the authorities having
jurisdiction over such Utilities; and
./
"4
.'
.
.
. ,
"
- 11 -
(5) the Owner has provided the Director with a mylar and four copies of a street
numbering plan satisfactory to the Municipality and each street number shall perman- ~/
ent1y apply to the lot or block shown on the Plan and shall be provided by the Owner
to all subsequent owners; and
(6) the balance of all Development Levies have been paid in respect of the lot or
block in the Plan for which the building permit is applied for; and
(7) the Owner has deposited the Occupancy Penalty-fee as required by paragraph
~4 of this Agreement; and
(8) if the application for a building permit is in respect of any lot or block
set out in Schedule "N" the Owner has fulfilled the conditions with respect to the
lots and blocks as set out in Schedule "N" as required by paragraph 38 of this
Agreement; and
(9) if the application for a building permit is in respect of any lot or block
set out in Schedule '.'0" the Owner has entered into a Site Plan Agreement with respect
to the lots or blocks as set out in Schedule "0" as required by paragraph 39 of this
Agreement.
MODEL HOMES
41. (1) Notwithstanding the provisions of paragraph 40 of this Agreement, the Owner
may apply for building permits for up to four (4) model homes on the lands, provided
that such application is in confirmity with the requisite by-laws of the Municipa1ity~
and The Building Code, 1974, and provided that building permit fees, occupancy penalty
and appropriate development levies as provided for in this Agreement have been paid or
provided.
(2) The Owner agrees that any model home shall be used for <!isp1Y, purposes only
and shall not be occupied for any residential pu~~ose until such time as the provi-
sions of paragraph 43 of this Agreement hava.,veen ~omp1ied with and 'if such model
home is occupied for residential purposes contrary to this paragraph the provisions of
paragraph 44 shall apply.
REQUIREMENTS FOR SALE OF LANDS
42. The Owner agrees not to sell any or all of the said Lands until:
(1) any grants of easement required by the Municipality in respect to the said /
Lands h~ve been conveyed by the Owners to the Municipality; and
(2) where no building permit has been issued in respect of any lot or block
proposed to be sold, the OWner has obtained from the prospective purchaser a coven-
,/
ant that such purchaser agrees at any time prior to the issuance of a building permit,
to provide the Municipality with any grants of easement required for" utility or
drainage purposes upon the written request of the Municipality.
(3) the Owner has obtained from the prospective purchaser a licence to permit
the Owner and/or Municipality, to enter upon such lands to perform its obligations
under this Agreement; and
(4) the Owner has inserted in the agreement to purchase entered into by the ~'
prospective purchaser, notice that the lands are subject to ,the covenants 'arid 'o1ili:-
gations set forth in this Agreement. 0- cl
)
(5) the Owner has registered on title of lots 8, 38, 39, 40 and 41 and inserted
in the agreement of purchase and sale of said lots entered into by the prospective
purchasers, the notice that the use of adjacent lands to the west for agricultural
purposes may, from time to time, involve the use of various chemical sprays, and v
although applied carefully, there is the chance of chemical drift which could be
odourous and a potential irritant which may have the potential to interfere with
some outdoor residential activities.
REQUIREMENTS FOR AUTHORIZATION TO OCCUpy
43. Notwithstanding the requirements of any statute, regulation or by-law for the
issuance of any permit authorizing the occupancy of any dwelling or other structure,
the Owner shall not permit any building on the said Lands to be occupied, and no one
shall occupy such building without the written permission of the Municipality
hereinafter called an "Occupancy Permit". In addition to any other requirements
contained herein, no Occupancy Permit shall be issued for any building until:
.
.
<.
,
- 12 -
(1) all of the roads which are required to be constructed under this Agreement,
which will provide access to such building, have had the application of the base
course of asphalt, to the written approval of the Director; and
(2) all of the storm drainage system required to be constructed 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
(3) all of the Utilities, save telephone, required to be constructed and installed
and connected to the building have been so constructed, installed and connected to
the written approval of the authorities having jurisdiction over such Utilities; and
(4) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Durham Health Unit; and
(5) the Owner's Engineer has provided the Director with written confirmation that
the lot or block, where such building is located, conforms to the Grading and Drain-
age Plan, or has received the written approval of the Director with respect to any
variance to the Grading and Drainage Plan.
OCCUPANCY PERMIT
44. Prior to the issuance of the first building permit the Owner agrees to lodge
with the Municipality an irrevocable letter of credit issued by a chartered Canadian
bank in the amount of $10,000.00 to guarantee that occupancy does not occur in res-
pect of any lot or block before the issuance of an Occupancy Permit for such lot or
block. In the event that occupancy occurs in respect of any lot or block before the
issuance of an Occupancy Permit contrary to paragraph 43, the sum of $2,000.00 shall
be immediately forfeited to the Municipality for each such lot or block and upon
forfeiture the Owner shall immediately restore the letter of credit to the full amount
of $10,000.00 so that the amount of security deposit on hand with the Municipality is
always equal to $10,000.00. The letter of credit shall be released to the Owner at
such time as the last unit is ready for occupancy in accordance with the terms of this
Agreement or at such earlier date as may be mutually agreed in writing by the parties.
MAINTENANCE OF ROADS AFTER ACCEPTANCE
45. (1) Notwithstanding any other requirement in this Agreement to maintain the Works,
if any building on the said Lands is occupied, the Owner shall maintain all of the
roads, which are required to be constructed and which provide access to such building,
until a Certificate of Acceptance has been issued for such road. The Owner shall:
(a) maintain the roads at all times in a well drained, dust and mud free
condition, fit for all normal vehicular traffic, to the approval of the
Director, and
(b) during the course of in~ta11ation of the Works and Utilities provide
and maintain safe and adequate access to all occupied buildings.
(2) The Municipality agrees to snowplow and sand paved subdivision roadways. Until
the roadways are vested in the Municipality the Owner shall pay fifty (50%) percent
of the actual cost of snowp10wing and sanding such roadways.
(3) The provision of any work or service by the Municipality under paragraph 34
or subparagraph (2) of this paragraph shall not in any way constitute approval or
assumption of the road and the road shall not be deemed to have been assumed until a
Certificate of Acceptance has been issued.
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
46. The Owner agrees that the construction and installation of any of the Works
authorized in an Authorization to Commence Works shall not be deemed to be completed
for the pruposes of this Agreement until the Director has provided the Owner with
written confirmation thereof, referred to herein as a,"Certificate of Completion."
In addition to any other requirements contained herein, no Certificate of Completion
shall be issued until:
(1) Such of the Works authorized by the Authorization to Commence Works, for
which a Certificate of Completion is required, have been inspected by the Director,
and the Municipal Council has approved the written report of the Director that such
Works have been constructed and installed in accordance with the latest version of
.. ,
-"'I <, \
, ,
- 13 -
(2) the Municipality is satisfied that, in respect of the construction
and installation of all of the Works authorized by such Authorization to
Commence Works, there are no outstanding claims relating to such Works.
y'
PERIOD OF REQUIRED MAINTENANCE OF WORKS
47. The Owner shall from the date of the issuance of a Certificate of
Completion maintain all of the Works covered by such Certificate of Completion
for a period of two (2) years.
MAINTENANCE.GUARANTEE REQUIRED
.
48. In order to guarantee that all defects in the Works, which become apparent
after the issuance of a Certificate of Completion for such Works, will be
properly repaired or replaced, the Owner shall, prior to the issuance of the
Certificate of Completion for such Works, lodge with the Municipality a Main-
tenance Guarantee in the form of cash or an irrevocable letter of credit from
a chartered Canadian Bank, and in an amount equal to ten percent (10%) of the
estimated cost 0= the Works as set out in Schedule "J" hereto. The form of
the Maintenance Guarantee shall be subject to the approval of the Municipal
Solicitor, and the Municipal Treasurer, and shall guarantee the Works for two
(2) years from the date of completion.
v"
USE OF MAINTENANCE GUARANTEE
49. The Owner agrees that the Municipality may at any time, by resolution of
Municipal Council, authorize the use of all or any part of any Maintenance
Guarantee if the Owner fails to pay any costs, payable by the Owner to the l/
Municipality under this Agreem~nt, by the due date of the invoice for such
costs.
REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
so. The Owner agrees that the Municipality shall not be obliged to release
. to the Owner the unused portion of any Performance Guarantee until:
(1) a Certificate of Completion has been issued for the Works for which
such Performance Guarantee was required; and
/
(2)
Guarantee
required;
the Owner has deposited with the Municipality the Maintenance
applying to those Works for which such Performance Guarantee was
and
(3) the Municipality is satisfied that in respect of the construction
and installation of the Works for which such Performance Guarantee was required,
there are no outstanding claims relating to such Works.
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
51. The Owner agrees that any of the Works covered by a Certificate of
Completion shall not be accepted, nor deemed to be accepted, for the purpose
of this Agreement, until the Director has provided the Owner with written,
confirmation thereof, referred to herein as a "Certificate of Acceptance". In
addition to any other requirements contained herein, no Certificate of
Acceptance shall be issued until all of the Works covered by such Certificate
of Completion have been inspected by the Director and the Municipal Council
has approved the written report of the Director that all such Works have been
maintained to the approval of the Director for the period set out in paragraph
47 of this Agreement.
/
A
- 14 -
OWNERSHIP OF WORKS BY MUNICIPALITY
52. The Owner agrees that, upon the issuance of a Certificate of Acceptance,
the ownership of all of the Works covered by such Certificate of Acceptance
shall vest in the Municipality and the Owner shall have no right or claim
thereto, other ,than as an Owner of land abutting a road in which such Works are
installed.
~'
REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
53. (1) The Owner agrees that the Municipality shall not be obliged to
release to the Owner the unused portion of any Maintenance Guarantee until:
(a) a Certificate of Acceptance has been issued for the Works
for-which such Maintenance Guarantee was required; and
/
(b) the Municipality is satisfied that, in respect of the mainten-
ance of all of the Works for which such Maintenance Guarantee
was required, there are no outstanding claims relating to
such Works.
.
(2) The Municipality shall release to the Owner the unused portion of /
any Maintenance Guarantee upon fulfillment of Clause (a) and (b) of sub-
paragraph (1) hereof.
'\
REQUIREMENTS FOR, CERTIFICATE OF RELEASE
54. Upon compliance with subparagraphs (1), (2), and (3) hereof, the Municipality
agrees to provide the Owner with a written release for the said Lands, referred
to herein as the "Certificate o.f Release", in a form suitable for registration
or deposit in the applicable Registry or Land Titles Office. In addition to
any of the requirements contained herein, the Certificate of Release for such
stage shall not be issued until:
(1) Certificates of Acceptance have been issued for all of the Works;
and
;.
(2) a registered Ontario Land Surveyor, approved by the Municipality,
has provided the Municipality with written confirmation that at a date not
earlier than the end of the maintenance period described herein, he has
found or replaced all standard iron bars as shown on the Plan and survey
monuments at all block corners, the end of all curves, other than c~rner
roundings, and all points of change in direction of roads on the Plan; and
/
(3) the Municipal Council has, by resolution, declared that the Owner
is not in default of any of the provisions of this Agreement.
The Certificate of Release shall operate as a discharge of the land described
therein of all obligations of the Owner under this Agreement with the excep-
tion of the Owner's responsibility for drainage as provided herein and the
Owner's acceptance of the conditions for applying for municipal building per-
mits as provided herein.
REQUIREMENTS FOR OVERSIZED OR EXTERNAL SERVICES
55. (1) In the event that the Owner is required to install oversized
services (hereinafter called "Oversized Services") or services outside the
limits:of the Plan of Subdivision (hereinafter called "External Services")
which are more particularly set out in Schedule "p" hereto, the Municipality
agrees that upon a developer of lands outside the Plan of Subdivision connecting
tOL such Oversized or External Services, .to pay to the Owner that portion of
the cost of the Oversized or External Servi~es (which is also set out in
Schedule "P") that is equal to the proportion of the excess capacity of such
oversized or External Services which is estimated to be utilized by such
,/
..
...
,
.,
- 15 -
developer. The excess capacity of such Oversized or External Services shall
be the capacity of such services estimated to be available after the Owner
has fully developed the lands. The portion of such Oversized or External
Services estimated to be utilized by a developer of lands outside the Plan
of Subdivision shall be calculated by the Director, whose decision shall be
final. In determining the cost of the Oversized or External Services there
shall be added annually from the first anniversary of the issuing of the
Certificate of Completion to the costs set out in Schedule "p" a sum equal to
the interest.on the amount of the unpaid balance from time to time of the cost
of the Oversized or External Services calculated from the date of the issuance
of the Certificate of Completion, at the highest prime lending rate charged
during the previous year by the Bank of Montreal at its main branch in the
City of Toronto, plus two per cent (2%).
(2) In the event that payment is required to be made under this para-
graph by the Municipality before the issuance of a Certificate of Completion, v
no interest shall be added to the cost of Oversized or External Services.
.
(3) In the event that payment is required to be made under this
paragraph by the Municipality before the first anniversary of the issuance of
the Certificate of Completion, interest shall be calculated at the highest v//
prime rate charged by such bank, plus two per cent (2%) from the date of the
issuance of the Certificate of Completion to the date of payment. Interest
shall be calculated on a per diem basis to the date of payment.
56. SPECIAL CONDITIONS
A. The Owner hereby agrees to carry out or cause to be carried out to the
satisfaction of the CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY, all matters
IQo~e_ particularly set forth in Schedule "Q" hereto.
B. The Owner hereby agrees to carry out or cause to be carried out to the
satiBfaction of the Ministry of Agriculture and Food all matters more particu- -
1ar1y set forth in Schedule "T" hereto.
.
C. The Owner shall include in all agreements of purchase and sale ,a clause
informing pro~pective purchasers that children will only be picked up by the
school bus on roads now in existence or at another place convenient to the
School Board.
RESPONSIBILITY FOR DRAINAGE
57. Even after the issuance of the Certificate of Release the registered
owner of each lot or block on the Plan shall have the sole responsibilty for
providing and maintaining adequate drainage of surface waters from such lot or
block.
/
INTEREST IN SAID LANDS
58. The Owner hereby charges all its interest in the said Lands with the
obligations set out in this Agreement.
~
PAYMENT OF MUNICIPAL COSTS
59. (1) Every provision of this Agreement by which the Owner is obliged in .
1.-/
any way shall be deemed to include the words "at the expense of the Owner"
unless the context otherwise requires.
"
....
"
- 16 -
(2) The Owner upon the execution of this Agreement shall reimburse the
Municipality for any reasonable legal, planning, engineering and other technical
advice and assistance actually incurred by the Municipality in connection with
the preparation for and attendance at the Ontario Municipal Board hearings for
the approval of the Municipality's By-Law 80-101.
(3) The Owner shall reimburse the Municipality for all reasonable legal expenses
actually incurred for the preparation, registration of this Agreement ,and ,the-legal /
services contemplated by the terms of this Agreement, which shall include review
of performance guarantee and the preparation of any release.
(4) The Owner shall have the right to inspect, upon reasonable notice during
regular business hours, such accounts, invoices, time records and other documents y<
and calculations or charges for which the Town is seeking reimbursement.
(5) The Owner shall pay to the Municipality for all engineering and inspection ,
costs in accordance with the provisions of Schedule "R" hereto. ' ,/
UNPAID CHARGES
.
60. 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 invoice. Interest at V
the rate of prime plus six per cent (6%) annually shall be payable by the Owner
to the Municipality on all sums of money payable herein, which are not paid on the
due d'ates, 'calculated from such due dates.
ARCHITECTURAL CONTROL
.
61. (1) The Owner covenants and agress with the Municipality that it will exercise
or cause to be exercised architectural control over the design and construction of
dwellings within the Plan through compliance with the following:
(a) that the exterior construction on all dwellings be mainly masonry; ~
(b) that there be a variation in the design of dwellings to be erected;
(c) that not more than two abutting dwellings shall be similar in model
type;
(d) that where a dwelling unit will abut an existing residential unit the
proposed unit will be of a similar type.
(2) The Owner covenants and agrees that it will, in the agreement of purchase
and sale, require each builder purchasing from it to file, prior to applying for a
building permit, with the municipality a master plan to be approved by it for the
lots purchased by the builder/purchaser showing house types, elevations and the
distribution of model types on such lots.
v
NOTIFICATION OF OWNER
62. If any notice is required to be given by the Municipality to the Owner in respect
of this Agreement, such notice shall be sent by registered mail or delivered to:
Durham J.V.
c/o East Woodbridge Developments Limited
8481 Keele Street, Unit llA
P.O. Box 5000
Concord, Ontario L4K lB6
.,//
or such address as the Owner has notified the Municipality, in writing, and any such
notice mailed or delivered shall be deemed good and sufficient notice under the terms
of this Agreement.
REGISTRATION OF AGREEMENT
63. The Owner and Mortgagee hereby consent to the registration of this Agreement by
the Municipality and covenant and agree not to register or permit the registration v"
of any document after registration of the plan of subdivision on any land included in
the said Plan unless this subdivision agreement,andany deeds, easements or other
docllmemos required to be furnished thereunder, have first been registered against the
title to the land included in the Plan.
-
.
"
- 17 -
RENEGOTIATION AND AMENDMENT OF THE AGREEMENT
64. (I) The Owner agrees that the Municipality may at its option in the circumstances
set out below on thirty (30) days written notice to the Owner declare this Agreement
to be subject to renegotiation, whereupon the Owner agrees not to undertake any
construction or installation of any of the Works until this Agreement has been
renegotiated. The Agreement may be subject to renegotiation if:
(i) the Minister approves a Plan of Subdivision for the said lands which is
substantially different from the Plan attached hereto as Schedule "B"; or
(ii) the Plan of Subdivision is not finally approved by the Minister and regis-
tered within eighteen (18) months of the date of the execution of this Agreement; or
(iii) the agreement between the Owner and the Regional Municipality of Durham has
not been executed at the time of the execution of this Agreement, or such agree-
ment has been executed and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any of the Works to be
supplied and installed under the terms of this Agreement; or
(iv) no construction or installation of any of the Works has commenced within
two (2) years from the date of registration of the plan,
and failing agreement, this Agreement shall be null and void.
(2) The parties may from time to time by mutual agreement amend the terms of this
Agreement and any of the Schedules but an amendment shall only be effective if in
writing and executed under the seals and hands of the proper officers of each party.
(3) The parties hereto acknowledge that at the time of the execution of this
agreement, only a red lined copy of the plan of subdivision is in existence and all
descriptions in this A~reement and the Schedules annexed hereto refer to the descrip-
tions in the red lined plan annexed hereto as Schecule "B". Upon the final plan of
subdivision being approved by the Minister of Housing the final plan shall be
substituted for the red lined plan annexed as Schedule "B" and all amendments neces-
sary or requisite shall be made to conform with the descriptions used in this Agree-
ment and the Schedules, (and without limiting the generality of the foregoing, in
particular Schedules "B", "E", "F", "G", "N", "0", "p" and "Q") with the final plan
of subdivision.
MUNICIPALITY TO ACT PROMPTLY
65. Wherever the Municipality, or the Solicitor, or the treasurer for the Municipality,
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 the confirmation or give
authorization, permission or approval the such action, decision, confirmation, authoriza-
tion, permission or approval shall be made promptly and in all respects the Municipality
and its officers, servants or agenst shall act reasonably.
ASSIGNMENT OF AGREEMENT
66. The Owner shall not assign this' Agreement without prior written consent of the
Municipality and no such assignment shall relieve the Owner of any of his obliga-
tions under this Agreement.
SCHEDULES TO AGREEMENT
67. 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:
.p\~
\
~
..
.
.
','
..1
Schedule "A"
Schedule "B "
Schedule "c"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H "
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "p"
Schedule "Q"
Schedule "R"
Schedule "s"
Schedule "T"
MORTGAGEE
- 18 -
"Legal description of said lands"
"Plan of Subdivision for final approval"
"Charges against said lands"
"Development Charges"
"Grants of easements to be dedicated"
"Lands and/or cash to be dedicated"
"Works required"
"Utilities required"
"Duties of Owner's Engineer"
"Cost estimates"
"Insurance policies required"
"Regulations for construction"
"Use of said lands"
"Lands unsuitable for building"
"Lands requiring site plan"
"
"Oversized and/or External services
"Central Lake Ontario Conservation Authority's works"
"Administration fees"
"Minis ter 's conditionS"
"Ministry of Agriculture & Food works"
68. The Mortgagee does hereby postpone his mortgage to this Agreement with
the intent that this Agreement shall take effect as though dated, executed and
registered prior to the mortgage and the Mortgagee covenants and agrees that ~
in the event that he obtains ownership of the said lands by foreclosure or
otherwise, he shall not use or develop the said lands except in conformity
with the provisions of this Agreement.
SUCCESSORS
69. 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.
"
.
..
.
- 19 -
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of: .
)
)
)
)
)
)
)
...
.
",
..
"
SCHEDULE "A"
LEGAL DESCRIPTION OF SAID LANDS
ALL and Singular that certain parcel or tract of land and premises situate, lying
~nd being in the Town of Newcastle in the Regional Municipality of Durham
, (formerly in the Township of Darlington, County of Durham) being comp~sed of Part of
Lot II in Concession 3 designated as Part One on a Plan of Survey of record
in the Land Registry Office, Land Titles Division of Newcastle (No. 10) as
IOR-918.
THE above described parcel of land contains by admeasurement 37.825 ha more' or
less.
THIS SCHEDULE is Schedule "A" to
approved by By-law No. f ( - <0 0
passed the <.f t?-- day of
the Agreement which has been authorized and
of the Town of Newcastle, enacted and
M~ 198(.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
,In the Presence of:
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF NEWCASTLE,
per~/__~~
~
' . '.. cW4
. ~ - ~ .
C erk . '
)
)
)
) Per:
)
) MUTT
)
)
) Per:
)
\\
Page 1 of 1
E DEVELOPMENTS LIMITED,
ED
METRIC: DISTANCES SHOWN ON THIS
PLAN ARE IN METRES AND CAN BE
CONVERTED TO FEET BY DIVIDING BY 0,3048
--------tv
--------
/
....... .~ ,~-
PLAN
PART
( FORMERLY
TOWN OF
REGIONAL
OF
OF
IN
SUBDIVISION OF
LOT II J CONCESSION
THE TOWNSHIP OF DARLINGTON)
NEWCASTLE
MUNICIPALITY
3
OF
DURHAM
SCALE
I: 1500
50m
Om
SOm
100m
P"""""'I ~~,........,-~-~
ANTON KIKAS , O.L,S.
1980
:NST
<;t
'"
-,...
0:0
-0'"
N".~
78068
:-'::2: t;;
1t:~:S ~
(L(L
01
. _ FO.S.I.B,(1I06)
lr~1
:g~~ ~ I~
~1Jl- OSiIN 1-
w NO) , C7\ I
UQ:<;t. CD
OEOID"'~ ~Ir
...J 0 COlO. 0
",- 0
m6z 0
-N
V
o
CD
Z
N71029'IO"E
0,87 Plan6Sei' '-
I NC)T
N
24369
!'\~
I ,
- --..
,
~-
............
~ '
-'
(r-
'- ,.!
U) ~
LIJ, ~
r '\
"- ./
- '"
/
"-- -
.~
"_/ Z
r '
'- -)
(\J
t- --
(
.~
_....J
6
N 710 31' 00" E
398, 69 PLAN a ME4S.
123,01
69'32
III
<f
W
::;:
72,02
o
98,34
107'72
0,30
3
2
~
'0
o~
N
<;tt--
o ID
co
::2:
0)
o
10
co
11 6'6'0 4
/, /6"
"6', oJ".
~ v',
> If"
~z
Ir<t
<t ,.-1
"-Il.
N 77030'0 ..
A=48'87 c- () E
-48'11
R=80'00
I/J
N
<;> 8~",
o " c:i
l':r? R = 60'00" '"
" A=IS.56 A=/8 . ,7; "
C=IS'49 c= '09
N6S051 ~5"E /lf8~8;..0!
c/4S'E
;Os
C tv 850 '00
tv OIJI!i"fCb Do"
850 'T /11
90'
60.<;5 9o~ /11
5
N 07"51' 55-E
17,04
N 75021'E
2'14
13
14
t--!::::
coco
I'- t--
o:~
.",
~!2 ID
-,;.. '"
o _ ,
", <t
~CX)lO
1O~
~'N
g~
...J'-
alz
FD.S.I.B.s.
(11061/1
/ -
" ~-~
~ ~-I
- [5-
I~-g ~~ ~
. N ~~a
~v U ttJ
I 0 Oa::111
CO -J tii (f)
tD~
z
P.T, .!o.Of'T,
~~Ill
,...P,T. 0 A:7'S5
g :~ a::~~ NC~~~~~,OO''E
6 0-,..0
<;t o~o
NO"N 0
'it 'it 0 20
o ~O~ ~
z
15
o
o
6
co
it:
6
~
87,78
N 710 IS'OO" E
55,00
142,78
11l
81'05
N 71018' 00" E
III
z ~
a::
0::{
D.
z
co
A:12'74
'"
12
16
= lO
o<;t~
o
'"
t--
III
~
7
N 710 18' 00" E
/24,19
'"
FO, S ,I. D,5
(1106)
2.13
N710 34'30"E
rr-} -
. 0
o
19 (
o
o
6
0)
I 1
'"
o
N
co
o
o
~'
o
o
w
>
Ir
W
l/)
W
a::
en
o
U)
It)
<n
1,-
~
o
<90' <t,
tJ.,.. ~ E
o.
~ ~
o
tv
~9o
Ss'
/0"" /5"
QB~ ""
17
~
rJ)
o
<;>
o
t--
o
t--
18
CD <;t
..... '"
II)
o
o
I
a::
o
"
'"
'"
:z
<l:
.J
d.
N
710
18 ' 00" E
100.00
110,00
z
-:r
~ ~
-0
_0
N
V
o
CD
_.~
/' z
.....--
()
---'"
8
" 6000
60'00
10
Cc
(' \
-'
......
-~
N
o
<D
on
<D
'"
o
o
o
o
C/-;
:' (,
'- J
I , I
:..~
a,
~
'10
'" '"
t-- r<'l
o ID
(1l
(' "
'~ ..J
o
<;>
10
N
':...'>
~--
/FO,S'I.B,
., (1106)
o
o
o
<;t
23
24
o
::.:::' !!?
U ~
g z~
a:l
z
- -;7
/'
~-
III
,-,
,~ ./
'-.T
"
"
~
( )
'--;
22
(/!
I
...._~
'"'"
~~
I\-
s/o
20 "
8. ,,""
~ /11
?9
o
'"
.,.
~o
~':"~
N81029'CXJ't ~ %5
.,~ r-~~86 ~"'~:
..~ I --
0;;: ~I p.T. 16
.ro- b .s> 'iiI 0
1<10......"'1. ~I()
.~.. "", P,R,C, Q)
0/,':' 0 ~ 0 -
'" 1- t,cP.r~~, L 0 16
~ ~--;, << ,-."
- '<<t) 04 P.T.,.,.;;;
01, (JJ ~ ....
.,. . ~o 0
S-.JQ)o
- 00 ,
J; ifi ~ 5?
N Q) 0
1<)0
~
.~ 16 P.T, PT.
- 10(1) .?o-oo
~f!JC:V
"on;vi\i ~ g ;!;:: II?
:'o~ i :- ~~~
~ PT. a= ~ 0 i
z 0 20'0 P.T. (/)0 ... ~",\,\
't 0 l!'lfQ ,"",\&,4)
:0 "~6 6 f,'1s' 59-49
CD.'" '00'
': ~_", 59~49, tl
~ &:.~"o Q N70 39E_-
A=IB'50 z<(:~!3 BLOCK 52
C=17'35 0 P.T. !!!~ 110 (030m.RE~E:RVElo
N 16039'35"E 0 z i N 70039 E :;;
9 59.66
e ~
'2.0=!>1 ~,. 0 N 70039 E 5996
Ql p''1', 'RT FO,LBCN,/,)
,?>'?>''3\ 'cP' ~ ""OU SETS.I.B.0 .
000 V 100,00 P.T, N 70~9'E 59'830
'";)'2. R:
~ "~ p''1. ~ C=32'41 III 51' 88
"" OJ' 00 f> p..:!>~;o 19'!>O"E
q '";)'2.0 ~
<6\,,'\, ~ Dr'";)''";)'2.,
f>
~
~~
(1)
-
~
1,-
S-'
/ 0
~q o~,
..9". S
0,_
?:-
'0)
Il'l
N 71 0 00'401oE
46,55 0"
~o
zr<>
r<)
~t--
o
: cO
Oll'l
N
~
o
N
-fR
o
CD
Z
<n
o
1Il
"
N 73 0 00' 00" E
85'67
z
o
o
10
~
o
.0
OCO
oc)
o 0)
~<;t
28
30
o
o
o
o
31
25
~
~..:
cr.
z
III
N 7 I 0 I 8' 30" E
95,50
21
N7IOI8'30"E
o
27,16
1\-8 R - I
105' - 00'00
C 50"
W 0
32
---,
I
~Q)
Cj-
-z-l
IOz-
-~ ~~
-~ ~ ~ lu
:~ u~a
-:;: -~ q a: 111
:' &> aiti;CI)
CD
~
~
o
.r<'l
\D
N \D "-
o C\.I ...........
10 N
([)
33
w
>
a::
w
lJ)
w
a::
E
o
..,
o
z
.....
890
o
o
co
o
o
'"
09'
z
55"
ID
'<t 10
o en
co I'<-
Z
~~oE>\
fO.s,\.e,
_ :3:
~J8 0
'f'f/J_lt)
,.,,!1
'0
:CO)
o
~
mJ~f'
I~
~ N I
=0 .-. a:;
~_N Q
. en ~~
o It) <t "
U)!! Q.. 0,
I z '
&~\\~'
lfO.s~ '
. ~
So
/\ C'
t,-e
. 0
t-_
-",
FO,S,I.S, ~
111061
J,SI.B.
F
I
I "
I ~
38
o
10
~II
.~
"'",
0....
~;:j
<!:
e
z
~
37
N 76 0 4/' 45" E
/05'66
.
o
'" 10
- '"
'it 0
o N
co
36
~ N
U 0
o ..:..
...J ID
m .~
I ~
U
;16
-t!l III
o III
~t-
~-e
-
o
~
~~.:;;;.;..~
V
o
~ CD
~
34
z
o
o
r<>
Q
FO .I.Bl N. 1.1
SETS,LBJl
ell
Z
<t
.J
...
72'84
73.15
N 710 13'10"E
iNST. 83244
BLOCK 49
CD I 0.30m RESERVE)
~~~7IO 13'10.E
osfTSJ.U 73'15
N 71013 10 E 73'13
39
.~
"0
10
" I'-
00
'<t,
o 0)
co<;t
z
0,31
-~
-0
.....It)
.....-
.0
CDv
Vo
,...
o
6
o
'"
G
r----
N710 13' 10"E
63.44
I FO,L8.( 11061
tl~ .~ TTS'B0
7'62 61!! ~
tJ",N i '0
,~It)
0,32 '';' <1>>-
- ....
_~ '7. It) V
.~ /,0 It) 0
mlRW:~ II) ~
0' U)~l)I ;;;' I Z
; ~;~ &J
(,)!:?
~rl1l
m
""
'0
'"
43
'<t '<t
'it <;t
0) l"l
'" 2
z
o
<;>
o
0)
"
/-,
I 1
./
40
.
~
o
1Il
._-~
A:12,74
C= IZ'36
NOOo39'45"W
4=17,36 ~
C=16'jl5
NO 1055 10'E
N 7 I 0 18' 30" E l!l
80'53
~
45
~
:2
o
10
- 10
o co
'it co
o ID
co
ID
ci:l
'<t
44
I-
o
'W<t
>co
co a::
V~
w~
a:: =
o
~ E-
'-'0'-
O",r<'l
, 0
...Joo
m~N
z
III
1
Q I <;t
~ _.r<'l
!e
cO
46
.
a::
o
~~
a::
o -1:2
Il.-:r
.J
Il.
o
10
~
N 710 19' 10"E
50,00
o
10
o
'<t
o
co
o
o <t
o
co
z
o
o
10
co
41
z
rt')
o
o
N
0Z
z
I
I
J
o
o
<t
\D
70,76
N 720I5'2O"E
42
o
i
1
8
6
'"
BLOCK 47
I
1
FO,S.l,8,
II {1I06J
Ifl~
'I CD I
I a::
o
~-
a::z
<t<(
fl...J
Il.
105'87
70,00
74,00
o
N 72 0 15 I 20" E
"
392.75 (PLAN Q MEAS.) 0
o
401'89
P A F~T
PL~N
! 0 R ..- 705
82438
! r~ST.
,--"
,
c__
, ...,
L_~
,.,.
<....l
r-'"
,-.'
:"".
~~-
~-
'~
c":_
r..::.r
...
-r-
_l._
!l":
- -)
I~
.._~
~~.
'.J
c.' !
o
z
,..r
o
(,;
,-.
C>
_J
-~
"'-.
IJJ
I.JJ
~
i--
lIJ
(TJ
I.JJ
Cl
Z
<(
~
C'
-l
.J
"l
c.J
<(
o
Cl::
M
l
I CERTIFY THAT THIS PLAN M-
IS REGISTERED
IN THE LAND REGISTRY
DIVISION OF NEWCASTLE
ON THE DAY
AND ENTERED IN THE
SECTION
AND REQUIRED CONSENTS AND AFFIDAVllS
REGISTERED AS PLAN DOCUMENT N"
OFFICE FOR THE LAND TITLES
IN 210) AT O'CLOCK
OF 1980
REGISTER FOR PARCEL
ARE
LAND REGISTRAR
APPROVED
, 198
ASS'T. EXAMINER OF SURVEYS
THIS PLAN COMPRISES ALL OF PARCEL 11- I, SECTION 10-
CONCESSION 3 NEWCASTLE I DARLINGTON)
APPROVED UNDER SECTION 33 OF THE PLANNING ACT
BY THE COUNCIL OF THE REGIONAL MUNICIPALITY OF
DURHAM THIS DAY OF , 1980
~
"':
CLERK ,
REGICJIlAL MUNICIPALITY OF DURHAM
DETAIL 'A'
I
( NOT TO SCALE )
52,04
0,34
ai
o -:-;;
o IIlO
o Ir:::.
": N 75"2I'E FO,5.I.S,
2.14 (1106)
V
''''
- ,
o
FO,5,I.8,
( 11061
2'13
N 7I034'30"E
C>
Z
Z
w
Q
3
~t:;
O~
o III
*V
~olt)
"'!!!
<i- ~
lD:zU
o
..J
CD
01
Z
.J
rr.
~
Q
<t
o
Ir
(I)
,...
~
"0
o
"N
~
o
CD
z
o
\r.
(f)
LLJ
:..)
Z
()
U
;'2
<{
I
0:::
:z
liS
m_
;h~
~:::
I
'B'
DETAIL
NOT TO SCALE)
0'33
N 70039'E
1,14
FO,5.1.-8, <;j'
(1106 )
01
N c> Z
CD :!!:
'" -z 0
CD It) ~ <{
~ 0
'0 ~ ~ if-
on ul:i
": 9~
!2 m~ ~
z <t
I
0:::
::>
o
33
liS
~
:0
.NO
tII~
o CD
!2
z
C7>
on
o
on!!!
<D
,Z
N
CD
L
0'?J FD.S,1.8,
..//(1106)
/,'~
III ~(O ..,0
'l..,~,.,
O'?J
~
SURVEYOR'S
CERTIFICATE
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 i
2,
THE~E:~
THE I G
MY OF
WAS COMPLETED
,1980
ON
DATE
~.
~
/7 ,1980
ACL
ANTON KIKA? ONIAR,IO .LAND~...eY'OR
OWNER'S ~CERTIFICATE
THIS IS TO CERTIFY THAT:
I. LOTS I TO 46, BOTH INCLUSIVE i BLOCK 47, BLOCKS 51,
54,56\57,58 AND 59 I STREET WIDENINGS) BLOCKS 48,49,50.,52.53
AND 55 I O' 30 m RESERVES) AND THE STREETS ,NAMELY
SYDE\;. COURT, GARY COURT I PAMELA COURT, AVI COURT AND
REBECCA COURT HAVE BEEN LAID OUT IN ACCORDANCt WITH
OUR INSTRUCTIONS
2. THE STREETS AND STREET WIDENINGS ARE HEREBY
DEDICATED AS PUBLIC HIGHWAYS.
DATED THE
DA Y 0 F
,1980
MUTT ENTERPRISES LIMITED
/U(..q ad v Dt:C~l7J- 1180
M. ~OLD~~E5IDENT DAtE
E w ODB~!J>GE DEVELOPMENTS LIMITED
DEe II. 1~80
PRESIDENT DATE
NOTES
THE ASTRONOM IC BEARING OF N 720 15' 20"[ OF THE SOUTHERLY
LIMIT OF PLAN 10 R-918 GOVERNS ALL BEARINGS SHOWN HEREOI'i-
o S.1. B. DENOTES
o 5.1.8,({) DENOTES
. I B, DENOTES
. I. 8,0 DENOTES
FD, DENOTES
WI~ DENOTES
PLAN DENOTES
( 1106) DENOTES
( N, I.) DENOTES
ALL MONU~IENTS ARE
STANDARD IRoo BAR SQUARE
STANDARD IRON BAR ROUND
IRON BAR SQUARE
IRON BAR ROUND
FOUND
WI TNESS
PLAN lOR' 918
M,D.BROWN I O,L.S,
NOT IDENTIFIABLE
P,-ANTED LlNLESS NOTED OTHERWI5 E
,'~.,....,.',':;-
h -;.
~.,.
"
~.;. ....,
~.: '}It.
./<"; ..
'~'f;,
J.'.~.)~j
" 'f
TOTAL AREA OF SUBDIVISION : 37. 825 ho
L10<<
Anton Kikas Limited
Consulting Engineers
Ontario Land Surveyors - Plamers
2028 Avenue Road, Toronto, M5M-4A4,Tel.489-1.
JOB N9 78- 16/
/-":
."--
THIS SCHEDULE is Schedule liB" to the Agreement which has been authorized
and approved by By-Law No. ~/-~o of the Town of Newcastle, enacted
and passed the 'i ~ day of \-\.~ i 1~(
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year
first above written and the parties hereto have hereunto affixed their corporate seals by the
hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
U'\ ,P?~
;Jl tt
) THE CORPORATION OF THE TOWN OF NEWCASTLE
)
)
)
)
)
)
pe~ ~_
Mayor ~
~&4
\ Clerk
) EAST DEVELOPMENTS LIMITED
) Per:
)
)
)
) Per:
)
) M
r- 1
,
,;..,.." ,>~. ."t,
'.-...~ ,,--
,,".
.
lllliOlI
, . '
.
.,
, ..
.
,j
:.
.
,
, '
SCHEDULE "C"
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
Nil
, '(2) LOCAL IMPROVEMENT CHARGES
Nil
(3) DRAINAGE CHARGES
Nil
THIS SCHEDULE is Schedule "C" to the Agreement which has been authorized and
approved by By-law No. ~/-bO of the Town of Newcastle, enacted and passed the
</ fP..-. day of tv?,I'.} 7 198/.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
)
)
)
)
)
)
)
THE CORPORATION OF THE ,TOWN OF NEWCASTLE,
per:~ _~'/
Mayor
j)~,~
)
)
)
) Per:
)
\
:GE DEVELOPMENTS LIMITED,
i
) MUTT ENTERPRISES
)
)
) Per: ,.
)
Pa~e 1 qf 1
President
-
SCHEDULE liD"
..
..
, ,
.
...
DEVELOPMENT CHARGES
The Owner shall pay to the Municipality development charges of $66,000.00
(calculated at the rate of $l,500.00 for each dwelling unit) which shall be paid
as follows:
nineteen thousand and five hundred dollars ($19,500) of the ~
aforesaid sum upon signing of the subdivision agreement;
sixteen thousand and five hundred dollars ($16,500) of the"
aforesaid sum upon release of the second phase;
sixteen thousand and five hundred dollars ($16,500) of the
aforesaid sum upon the issuance of the building permit for
the twenty-fifth (25th) dwelling unit;
the remainder of any unpaid development charges eighteen
(18) months after signing of the Subdivision Agreement.
.
For the purposes of this Schedule and the Agreement development levies actually
paid to the Municipality shall be applied in the first instance on a pro-rata
basis against all lots or blocks within the Plan upon which it is contemplated by
this Agreement that residences shall be built but, upon the issuance of the first
building permit and thereafter, the development levies shall be first applied
in full satisfaction of the development levies owing on the lots or blocks in
respect of which the building permits have been issued and the balance of any
development levies actually paid to the Municipality (if any) shall be applied
on a pro-rata basis against all lots or blocks within the Plan upon which it is
contemplated by this Agreement that residences shall be built but for which no
building permit has been issued.
For the purposes of this Schedule and the Agreement the number of building permits
issued shall be the aggregate of all building permits issued with respect to any
lot or block within the Plan whether issued to the owner or any other person.
THIS SCHEDULE is Schedule "D" ,to the
approved by By-law No. ~ 1-" 0' of the
Lfff-- date of /--1""7
Agreement which has been authorized and
Town of Newcastle, enacted and passed the
198(
.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
. SIGNED, SEALED & DELIVERED
In the Presence of:
)
)
)
)
)
)
)
THE CORPORATION OF TIlE TOWN OF NEWCASTLE,
per:~~/
Mayor
J)~.~
Clerk .
) EASTWO
)
)
) Per:
~#'~ )
)
)
)
) Per:
)
DEVELOPMENTS I~lMITED,
President
Pag
;..
. ,.
\.
SCHEDULE "E"
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner shall deliver to the Municipality, in a form satisfactory to the
Municipality, the following easements for drainage purposes:
(a) the northerly six (6) metres of Lot 10, being Part
on Plan 10R-
(b) the easterly and southerly six (6) metres of Lot 17, being Part
on Plan 10R-
(c) the southwesterly corner of Lot 2, being Part
on Plan 10R-
(d) the northwesterly corner of Lot 15, being Part
on Plan lOR.,..
(e) the northeasterly corner of Lot 14, being Part
on Plan 10R-
.
(f) the southeasterly corner of Lot 26, being Part
on Plan 10R-
(g) the southwesterly corner of Lot 25, being Part
on Plan' lOR-
(h) the northerly segment of Lot 33, being Part
on Plan 10R-
"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
.
SIGNED, SEALED & DELIVERED
In the Presence of:
)
)
)
)
)
)
)
THE ~N OF THE TOWN OF NEl/CASTLE,
Per: 4- - /. ~4
-4yor ..
~..&~ .
9,lerk .
\\
) EAST WO
)
)
) Per:
)
)
)
)
) Per:
)
DEVELOPMENTS LIMITED,
President
,
Page .1 ot 1
-4
"
. .
,
'.
;'.
"
SCHEDULE "F"
LANDS AND/OR CASH TO BE DEDICATED
1. DEDICATION OF LANDS
The Owner shall deliver to the Municipality in ~ form satisfactory to the
Municipality deeds to the following land as shown on Plan M-
,/
(a) Lots 32 and 33 on Pamela Court as required for
'parkland dedication
(b) Blocks 49 and 52 for 0.3m reserves.
2. CASH-IN-LIEU OF LANDS
There is to be no cash payment in lieu of parkland dedication.
/
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have h~reunto
affixed their corporate'seals by the hands of their proper officers duly
authorized in that behalf.
) ,THE CORPORATION OF THE TOWN OF NEWCASTLE,
~ per:~~~~
! ,~.~
~erk
SIGNED, SEALED & DELIVERED
In the Presence 'of:
) EAST
, )
)
) Per:
)
)
)
)
) Per:
)
\ 'Page 1 of I
E DEVELOPMENTS LIMIrED,
President
'....
. .
SCHEDULE "G"
WORKS REQUIRED
l. STORM SEWER SYSTEM
The Owner shall construct, install, supervise and maintain a complete
storm drainage system, for the removal of upstream storm water and
storm water originating within the said lands, including ditches and
l-/
storm outfalls and any other appurtenances to the nearest suitable outlet,
as may be required in accordance with the Town of Newcastle's Design
Criteria and Standard Drawing.
The Owner agrees to produce Engineering Drawings for the storm drainage ~~
system, to the satisfaction of the Director of Public Works.
2. ROADWAYS
The Owner shall construct and install the following services on the various
streets, shown on the Plan
.
(a) All roads shall be local roadways with a minimum pavement width'l of
6.75 metres.
(b) The grading and paving of all streets, including the installations of
Granular 'A' and Granular 'B' material to provide a proper base for ~
paving, shall be as per the Town of Newcastle Design Criteria &
Standard Drawings.
(c)
The Owner agrees to the grading and paving of all driveways to the
property line, in accordance with the Town of Newcastle's~Design
Criteria & Standard Drawings, including culverts as required.
(d)
The Owner agrees to construct, install and maintain Street Lighting,
in accordance with the Town's specifications, on all streets and ~
walkways, to the satisfaction of the Director of Public Works.
.
(e) The Owner agrees to the topsoiling and sodding of the ditches between
the shoulder and the property line, as according to the Town of
Newcastle's Design Criteria and to the satisfaction of the Director
of Public Works.
(f) The Owner agrees to supply, install and maintain traffic signs and
permanent street-name signs, in accordance with the Town of New-
castle's Design Criteria & Standard Drawings and to the satisfaction
of the Director of Public Works.
/
<g) The Owner shall provide, plant and maintain, under the superv~s~on of
a qualified nurseryman or horticulturist (and guarantee for one ye~r
from date of planting) one tree on each lot, as per the Landscaping
Plan and in accordance with the Town of Newcastle's Design Criteria
and as approved by the Director of Public Works, excepting those lots
as shown by the Tree Preservation Plan where vegetation suitable to
the Director will be maintained. Trees to be Crimson King Maple and
Norway Maple, 1.83 m to 2.44 m in height, and 254 rom caliper staked
and bagged i! n~cessary.
~'
3. PUMPING STATION AND RESERVOIR
The Owner agrees to construct al~4,113litre reservoir and pumping station
on Block 47 of the Plan, complete with contours and appurtenances to the v
satisfaction of the Town of Newcastle, and the Region of Durham, and said
Block 47 shall be dedicated to the Corporation of the Regional Municipality
of Durham.
Page 1 of 2
..---
"
"
4. FENCING
The Owner agrees to provide, erect and maintain fencing, as per the Engineering
Drawings approved by the Director of Public Works in accordance with the
Town's Standard Drawings, on the following locations (all fencing to be 1.22 m
in height).
(a) Along the western boundary of Lots 4, 5, 6, 7, 8, 30, 31, 38, 39 f'.::>40'- and
41, and as further described in Schedule T.
(b) The Owner further agrees to relocate the existing fencing, presently
located within the limits of Lots 1 to 4 inclusive, to a location ~
corresponding with the actual northerly limits of said Lots 1 to 4
inclusive.
5. SCREEN PLANTING & OTHER WORKS
The Owner agrees to supply and plant Screen Planting along the western boundary
of Lots 8, 38, 39, 40 and 41 to the satisfaction of the Ministry of Agriculture
and Food, and the Director, as further described in Schedule T, and also along ~
the northern limits of Lots 1, 2, 3 and 4 to the satisfaction of the Town of
Newcastle.
.
6. EXTERNAL WOI.U<S
Not applicable.
THIS SCHEDULE is Schedule "G"
approved by By-law No. ~/-6u
'f K. day of /YJ4f
to the Agreement which has been authorized and
of the Town of Newcastle, enacted and passed the
198 ( /
IN WITNESS WHEREOF the parties 'hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
.
.SIGNED, SEALED & DELIVERED
In the Presence of:
~ THE CORPO~N _ OF THE. TOWN OF NEWCA. STLE,
) Per: ~~
~ L~
. . Clerk
)
)
)
) Per:
)
)
)
)
) Per:
)
E DEVELOPMENTS LIMITED,
President
, \
Page 2 of 2
"SCHEDULE "H"
'.
UTILITIES REQUIRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate Public Utilities Commission
having jurisdiction for the design, provision and installation of an V'
electrical supply system to serve the lands, in the locations as approved
by the Director. Electrical services are to be installed underground.
2. STREET LIGHTING SYSTEM
The Owner shall arrange with the appropriate Public Utilities Commission
having jurisdiction for the design, provision and installation of a
complete street lighting system to serve the said Lands, on behalf of the
Municipality in whose ownership the system shall vest upon completion
including all appurtenant apparatus and equipment, in the locations as
approved by the Director. The Owner shall furnish written evidence
satisfactory to the Director that such arrangement have been made prior to
the issuance of any Authorization to Commence Works.
L
3.
TELEPHONE SYSTEM
-
The Owner 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.
THIS SCHEDULE is Schedule "H"
approved by By-law No. ~ , - (,0 --
the <.f k- day 0 f M.<r(
to the Agreement which has been authorized and
of the Town of Newcastle, enacted and passed
19~1
".
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
.
SIGNED, SEALED & DELIVERED
In the Presence 'of:
)
)
)
)
)
)
)
:::A~NEWCASTLE'
. 1~~
erk .
) EASTW
)
)
) Per:
)
)
)
)
) Per:
)
DEVELOPMENTS LIMITED,
President
Page
.;
'.
.... ......
~
SCHEDULE "I"
DUTIES OF OWNER'S ENGINEERS
(1) DESIGN WORKS AND PRIVATE WORKS
The Owner's Engineers shall design all the Works.
PREPARE DRAWINGS, PLANS AND DOCUMENTS
The Owner's Engineers shall prepare the following for the approval of the
Director:
(a) the Engineering Drawings;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work; ~~
. (e) the Staging Plan;
(f) the Works Cost Estimate; and
(g) the Stage Cost Estimate.
The approval of the Director shall not absolve the Owner or the Owner's
Engineer of the responsibility for any errors or omissions in the above
drawings, Plans or documents.
(2)
REPRESENT OWNER AND OBTAIN APPROVALS
.
The Owner's Engineer shall act as the Owner's representative in all matters
pertaining to the construction and installation of the, Works and shall /
co-operate with the Municipality to obtain the necessary approvals for
co~struction and installation.
(3)
PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified supervisory layout and
inspection staff to provide continuous service during all phas~s of the
construction and installation of the Works and the Private Works and to
perform the following:
(a) provide field layout including the provision of line and grade to the
~ontractors and, where required, restaking; and
/
(b) inspect the construction and installation to ensure that all work is
being performed in accordance with the contract documents; and
(c) arrange for or carry out all necessary field testing or materials and
equipment installed or proposed to be installed at the request of the
Director; and
(d) provide coordination and scheduling of the construction and installation
in accordance with the timing provision contained herein and the
requirements of the Director; and
(e) investigate and report to the Director any unusual circumstances which
may arise during the construction and installation; and
(f) obtain field information, during and upon completion of the construction
and installation, required to modify the Engineering Drawings to produce
the As-constructed drawings.
"
Page 1 of 2
A
.
.
.
....
SCHEDULE "1"
(4) MAINTAIN RECORDS
The Owner's Engineer shall maintain all records pertaining to the v
construction and installation.
'(5) PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the
progress of the construction and installation on a monthly basis, or at
such other intervals as approved by the Director.
(6) PREPARE AS-CONSTRUCTED DRAWINGS
~
The Owner's Engineer shall prepare the As-constructed Drawings for the
approval of the Director.
THIS SCHEDULE is Schedule "1"
approved by By-law No. ft-b 0
the <f~ day of
to the Agreement which has
of the Town of Newcastle,
"",/9 7 198( .
been authorized and
enacted and passed
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have he~eunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
) THE CORPORATION OF THE TOWN OF NEWCASTLE,
~ per~~~~
~ ' ~MaYor ,
~ tl~4d~ ~
Clerk
)
.)
)
) Per:
)
LIMITED,
,) MUTT ENTERPRISES L
) 7
)
) Per:
)
" "-
Page 2 of 2
..-
"
, .
.
-
.
.,
SCHEDULE "J"
RILLS OF LIBERTY NORTH
No. l8T-n123
ESTIMATED COST OF WORKS
STAGE A
Storm sewers (including culverts, gabion const., etc.)
Roads (including fine grading, granular base, asphaltt
seeding and sodding of ditches and boulevards etc.)
Rough Grading
Hydro .System (fxeliminary)
Engineering and contingencies (10%)
STAGE A TOTAL ESTIMATED COST OF SERVICES
STAGE B
Storm sewers (including culverts, gabion construction, etc.)
Roads (including fine grading, granular 'base, asphalt, se~ding
and sodding of ditches and boulevards, etc.
Rough Grading
Hydro System (Preliminary)
Engineering and contingencies (10%)
STAGE B TOTAL ESTIMATED COST OF SERVICES
STAGE C
Storm sewers (including culverts, gabion construction, etc.)
Roads (including fine grading, granular base, asphalt,
seeding and sodding of ditches and boulevards, etc.)
Rough grading
Hydro System (Preliminary)
Engineering and contingencies (10%)
STAGE C TOTAL ESTIMATED COST OF SERVICES
$' 4,400.00
$ 88,500.00
$ 4,500.00
$ 33,800.00
$ 13,120.00
~=!~~~~~g,;.gg
$ 40t045.00
$ 146,200.00
$ 8,200.00
$ 52tOOO.00
$ 24,644.50
~=~Z!~9~2,;.~Q
$ 43,990.00
$ l3lt575.00
$ 6,950.00
$ 32,800.00
$ 21,531. 50
~=~~g~~~g,;.~g
The Performance Guarantee has been based on Preliminary Estimates only andt when the
final Engineering Drawings have been approved by the Director of Public Works, a
revised Cost Estimate of the Works, Hydro, Engineering and Contingencies shall be
prepared by the Owner's Engineer and submitted to the Director of Public. Works for
his approval. This revised Cost Estimate shall be used as a basis to adjust the
Performance Guarantee, if the Estimate increases or decreases.
THIS SCHEDULE IS Schedule
approved by By-law No.
the if A... day of
"J" to the
Cll-fo 0
M4f
Agreement which has been authorized and
of the Town of Newcastle, enacted and passed
198 (
Page 1 of 2
..
.
S'CHEDULE "J"
"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affiXed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of: .
::Az:2:?TLE.
Mayor . .
)
)
)
)
)
)
)
i1L~~iV~
Clerk
)
)
)
) Per:
)
. ) MUTT
)
)
') Per:
)
.
" \
P~ge 2 of 2
DEVELOPMENTS LIMITED,
President
/
...
- -
.
-,
...
.'
SCHEDULE "K"
INSURANCE POLICIES REQUIRED
(1) TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character co~only
referred to as public liability and property damage with an insurance
company approved by the Municipal Treasurer and duly authorized by law to
underwrite such insurance. Such policy or policies of insurance shall
indemnify the Municipality against all damages or claims for damages for:
4'/\1
(a) any loss or damage that shall or may happen to any of the Works or
1-arui of the Utilities or to any part or parts thereof respec~ively;
and
(b) any loss or damage that shall or may happen to any of the materials
or any of the equipment or any other things used to construct or
install any of the Works or any of the Utilities or any part or parts
thereof respectively; and
v'
.
(c) any injury to any person or persons including workmen employed en the
said Lands and the public; and
(d) any loss or damage that shall or may result from the storage, use or
handling of explosives; and
(e) any loss or damage that shall or may result from the drainage of
surface waters on or from the said Lands; and
(f) any loss or damage that shall or may result from the disposal of
effluent from any sewage disposal works; and
.
(g) any loss or damage that shall or may happen to any public road or
to any other property of the Municipality or to the property of any
other person either directly or indirectly by reason of the Owner
undertaking the development of the said Lands together with any or
all of the Works and Utilities pertaining thereto;
(2)
AMOUNTS OF COVERAGE REQUIRED
Policy. or policies of insurance shall be issued jointly in the names
of the Owner and the Municipality and shall provide the following
minimum coverages:
(a) $1,000,000.00 for loss or damage resulting from bodily injury to, 'or
death of, anyone person; and
(b) $2,000,000.00 for loss or damage resulting from bodily injury to, or v
death of, two or more persons arising out of the same accident; and
(c) $l,OOO,OOO.OO for anyone occurrence of property damage.
The issuance of such policy or policies of insurance shall not be
construed to relieve the Owner from responsibility for other or
larger claims for which it may be held responsible.
(3) EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions
or limitations for:
../
(a) any shoring, underpinning, raising or demolition of any building
" Page 1 of 2
....
, --
.
SCHEDULE ilK"
or structure; or
(b) any pile driving or caisson work; or
(c) any collapse or subsidence of any building, structure or land from
any cause; or
(d) any storage, handling or use of explosives.
THIS SCHEDULE is Schedule "K" to
approved by By-law No. &, " ~ 0
the ~ p.; day of Mt4'1
the Agreement which has been authorized and
of the Town of Newcastle, enacted and passed
198'1 .
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
.
SIGNED, SEALED & DELIVERED
In the Presence of:
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF NEWCASTLE,
per:~/~-r'
. Mayor
.. i~~- ~.
, ...... Clerk
"
LIMITED,
TED
President
Page 2 of 2
" \
Ai
.'
.
.
~
SCHEDULE ilL"
REGULATIONS FOR CONSTRUCTION
(I) REQUIREMENTS FOR BLASTING
The Owner shall, prior to commencing any blasting, obtain from the ~
Director, permission to carry out the blasting operation.
(2) REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands except for ~.
construction purposes and such top soil must remain within the limits of
the said Lands.
(3) DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump, or permit to be dumped, any fill or
debris on, nor to remove, or permit to be removed any fill from any /
lands to be dedicated to the Municipality other than the roads within the
limits of the said Lands, without the written consent of the Director.
(4) DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must be disposed
of in an orderly and sanitary fashion in a dumping area off the said Lands
provided by the Owner and, approved by the Director. The Municipality shall V
not be responsible for the removal or disposal of garbage and debris. The
Owner agrees to deliver a copy of this Clause to each and every builder
obtaining a building permit for any part of the said Lands.
(5) QUALITATIVE AND QUANTITATIVE TESTS
The Owner agrees that the Municipality may have qualitative or quantita-
tive tests made of any materials or equipment installed or proposed to be
installed. The costs of such tests shall be paid by the Owner.
,/
(6) MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall, at all times during the life of this Agreement ensure
that all public roads abutting the said Lands and all public roads use~
for access to the said Lands, during any construction on the said Lands,
shall be maintained in a condition equal to that now existing and to the
approval of the Director. The Owner shall maintain, at all times, all
such roads free of dust and mud originating from the lands during the
course of construction. If damaged, the Owner agrees to restore immedi- v
ately, and at its expense, such road to a condition equal to that existing
at the time of such damage and to the approval of the Director. No public
road outside the limits of the said Lands shall be closed without the prior
written approval of the authority having jurisdiction over such public
road. The Owner agrees not to use or occupy any untravelled portion of
any public road allowance without the prior written approval of the
authority having jurisdiction over such public road allowance.
(7) MAINTENANCE OF INTERNAL ROADS
The Owner shall, prior to the placement of the final surface treatment on
1/
any road required to be constructed under this Agreement, remove any
contamination of the base course and repair and replace such base course,
where necessary, to the approval of the Director, in order that the
"
Page 1 of 2
-4
.
r
.
..
. I
SCHEDULE "L"
construction of such road shall not have suffered due to any use of the ~
base course as a temporary road.
(8) WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon
the Lands a programme of weed and rat control to the satisfaction of the
Director.
(9) PERMISSION TO BURN
v
The Owner shall, prior to setting any fires on the subject Lands, obtain v
permission from the Newcastle Fire Department.
THIS SCHEDULE is Schedule "L" to the Agreement
and approved by By-law No. f / - b 0 of the
and passed the '-I K- day of /f/l ry
which has been authorized
Town of Newcastle, enacted
198/.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
) THE CORPORAT ON OF THE TQWN OF NEWCASTLE,
)
) Per:
) Mayor
~ l()~'~
Clerk
SIGNED, SEALED & DELIVERED
In the Presence of:
) EAST W
)
)
) Per:
)
,) MUTT
)
)
) Per:
)
, (
Page 2 of 2
LIMITED,
zo, Vice':':t>resident
All
'.
...
SCHEDULE "M"
USE OF SAID LANDS
The Owner agrees that the said lands shall not be used for any purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
LAND USE
All
In accordance with provisions of Restricted
Area By-law No. 80-l0l.l[he Owner hereby
covenants and agrees with the Municipality
. that it will not locate any of the permitted
uses, on Lots 1, 20, (excluding the existing
dwelling) 34 and 46, closer that 15.0 metres
to any portion of the road allowance of
Durham Regional Road No. 14. The Owner
further covenants and agrees that it will, in
the agreement of purchase and sale, require
each builder purchasing from it to also
comply with this requirement.
.
THIS SCHEDULE is Schedule "M"
'approved by By-law No. g / - b 0
the <f t:V day of n ~
to the Agreement which has been authorized and
of the Town of Newcastle, enacted and passed
198(
./
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above ~ritten and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
.
SIGNED, SEALED & DELIVERED
In the Presence of:
)
)
)
)
)
)
)
THE ~. ON OF THE TOWN OF NEWCASTLE.
Per: 4~~
. Mayor
~.~
Clerk
) EAST W
)
)
) Per:
)
)
)
)
) Per:
)
GE DEVELOPMENTS LIMITED,
President
Page 1 of 1
, ..
~
.
.
'",
SCHEDULE "N"
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building Permit for the
erection of any structure on any' of the said landsu-listed in the following
table, until the conditions listed in the following table have been satisfied
'to the approval of the Director of Public Works and/or any other Authorities
having jurisdiction.
Lot or Block Number
NIL
Conditions to be Satisfied
/
NIL
THIS SCHEDULE is Schedule "N" to the Agreement which has been authorized
and approved by By-law No. ~ /-GoO of the Town of Newcastle, enacted
and passed the Lf f;<., day of r1 ~ 198/.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers'duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
\ \
Page 1 of 1
) THE CORPORATION OF THE TOWN OF NEWCASTLE,
l per:~A~~
) Mayor'
)
l ~~.
Clerk
)
)
.,
)
)
LIMITED,
Per:
)
)
)
)
)
pe~'
Presidept.
.....
'.
SCHEDULE "0"
LANDS REQUIRING SITE PLAN
The Owner agrees that no application will be made for a Building Permit for
the erection of any structure on any of the lands listed in the following table
until a Site Plan Agreement has been entered into with the Municipality.and the
Building Permit complies in all respects with the terms of the Site Plan /
Agreement.
LOT OR BLOCK NUMBER
NIL
THIS SCHEDULE is Schedule "0" to the Agreement which has been authorized and
approved by By-law No. 1F/~ Coo of the Town of Newcastle, enacted and
passed the 4 ~ day of /Y7~ 198 f.
.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto .
affixed their corporate 'seals by the hands of the'ir proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
~ THE. CO~~N O~ TIlE TOWN OF NEWCASTLE.
) Per - /
) Mayor .
~ j)~g~
Clerk
.
) EAST
)
)
) Per:
)
) MUTT
)
)
)
)
DEVELOPMENTS LIMITED,
President
~ "
Page 1 of I
..
.
...
SCHEDULE "p"
OVERSIZED AND/OR EXTERNAL SERVICES
NIL
THIS SCHEDULE is Schedule "p" to the Agreement which has been authorized and
approved by By-Law No. ~/-60 of the Town of Newcastle, enacted and passed
the 'f K day of /J'J/9)4 ,198 ( .
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of: '
)
)
)
)
)
)
)
TIlE CORPORATION OF THE TOWN OF NEWCASTLE,
per:~~~
Mayor '
~MtJ'~
Clerk
DEVELOPMENTS LIMITED,
President
Page 1 of 1
\\
.
;:~
.
,.
SCHEDULE "Q"
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY'S WORKS
(1) The Owner agrees to neither place nor remove fill of any kind whether
originating on the site or elsewhere, nor alter any existing vegetation, ~.
within the fill and construction limits of the floodplain of the Soper
Creek, without the written consent of the Central Lake Ontario Conserva-
tion Authority~
(2) The Owner agrees to construct bridge and stream crossings to the satis- ~
faction of the Central Lake Ontario Conservation Authority and the
Ministry of Natural Resources.
(3)
The Owner agrees to include restrictive covenants in the deeds to Lots
2, 3, 6 to 17 inclusive, 24 - 40 inclusive and 43 - 46 inclusive to
prevent any alteration to the watercourse and/or the cutting of healthy
trees on the lots, without the written permission of the Central Lake
Ontario Conservation Authority.
/
THIS SCHEDULE is Schedule "Q" to the Agreement which'has been authorized and
approved by By-law No. -g/-c:>O of the Town of Newcastle, enacted and
passed the Lf -I?-. day of /0.47 198(.
, /
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
)
)
)
)
)
)
)
TIlE ::z.ON OF THE. TOWN OF NEWCASTLE,
Per:, ~--/
Mayor
t~>~
Clerk ' '
..
)
)
)
) Per:
)
)
)
)
) Per:
) President
,"
Page 1 of 1
.
,
- ~ .....
.
...
,J 1.. .
.
.
SCHEDULE "R"
ADMINISTRATION FEES FOR DEVELOPMENT
Estimated Costs of Works
Less than $50,000.00
$50,000.00 to $100,000.00
$lOO,OOO.OO to $500,000.00
$500,000.00 to $1,000,000.00
$1,000,000.00 to $2,000,000.00
$2,000,000.00 to $3,000,000.00
$3,000,000.00 to $4,000,000.00
Engineering Fees
Actual cost of services up to
a MAXIMUM of $5,000.00.
$5,000.00 or 4% of the estima-
ted cost of services whichever
is greater
---7$5,000.00 or 3.5% of the estima- -?
.' ted cost of services whichever
is the greater
$20,350.00 or 3% of the estima-
ted cost of services whichever
is greater
$33,000.00 or 2.5% of the esti-
mated cost of services which-
ever is greater
$55,000.00 or 2.25% of the esti-
mated cost of services which-
ever is greater
$74,250.00 or 2% of the esti-
mated cost of services which-
ever is greater
For the purposes of this Schedule cost estimates as specified in Schedule "J"
for underg~ound Hydro Distribution System shall not be included for' the pur-
poses of calculating administration fees as contemplated by this Schedule.
THIS SCHEDULE is Schedulr: "R" to the
approved by By-law No. ~/-G:. 0 of
the V~ day of /VI 4f
Agreement which has been authorized and
the Town of Newcastle, enacted and passed
198 I.
Page I of 2
.
..a
~
.
i
.
"
SCHEDULE "R"
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of:
) THE CORPORATION OF THE TOWN OF NEWCASTLE,
l per:~~~'r' -
l ~~
)
)
)
) Per:
)
)
)
)
) Per:
)
Page 2 of 2
\ \
DEVELOPMENTS LIMITED,
~
Vice~President
.4
'. ,
'<,
'" I. .
.1
SCHEDULE "S"
MINISTER'S CONDITION
56 Wellesley 5t, West,
8th Floor
Toronto, Ontario
M7 A 2K4
,.
.
July 26, 1979
Durham Estates Limited
c/o. Milani & Milani
Holdings Limited
44 Uplands Avenue
Thornhill, Ontario
Dear Sirs:
SUBJECT:
Town of Newcastle
Pt. of Lot 11 Conc. III
Owner: Durham Estates Ltd.
Tel: (416)623-3379
Our File: l8T-77l23
The above draft plan has been approved subject
to the amendments and conditions noted on
Page 2. A copy, endorsed to this effect and
signed by the ,Minister, is enclosed.
When the survey has been completed and the
final plan prepared the following should be
forwarded to this Ministry:
(a) the original linen
(b) three mylar copies
(c) one opaque linen
(d) three white paper prints
Under section 33(12a) of The Planning Act, if
this plan is not given final approval by the
Minister within three years of the date of this
letter, the draft approval shall lapse. However,
the Minister may, on request, extend the period
of the draft approval.
Yours truly,
I. "" ,A '~:"'<./:" /;,........../ ,
..............,'../..~c ,,-/" I /- '~ ~
/ ,/
..A~. . h
! C.Stoyanov~c
Subdivisions Branch
c.c. Region
Town
O.L.S.
Health Unit
C.L.O.C.A.
Agric. & Food
MNR
MOE
Encl.
1121
'~
Page 1 of 9
..
"...; ..
'. .
~ t. (i,
, "- .
July 26, 1979
File No. l8T-77123
The Minister's conditions and amendments to final plan
approval for registration of this subdivision
file no: 18T-77l23 are as follows:
No. Conditions
1. That this approval applies to the draft plan, by
Richard Strong and Steven Moorhead Limited, Resource
Planners, Landscap~ Architects, dated August 15,
1977 as revised in red to show a total of 46 lots.
2. That sufficient land shall be aedicated as public
highways to widen Regional Road No. 14 by 2.134
metres.
3.
That the road allowances included in this draft
plan shall be dedicated as public highways.
.
4. That 15.243 metres by 7.622 metres sight triangles
on the north and south side of Street 'A' and the
south sides of Streets 'c' and 'E' be dedica~ed
to the Regional Municipality of Durham.
5. That the streets shall be named to the satisfaction
of the Regional Municipality of Durham and the Town
of Newcastle.
.
'6. That a 0.3 metre reserve adjacent to the widened
limit of Regional Road 114, as indicated on the
draft plan, shall be conveyed to the Regional
Municipality of Durham.
That the owner conveys up to 5% of the land included
in the plan to the municipality for park purposes
under section 33(5) (a) of The Planning Act. Alterna-
tively, the municipality may accept cash in lieu
of all or a portion of the conveyance and, under
section 33(8) of The Planning Act, the municipality
is authorized to do so.
7.
8. That the block shown as Park on the draft plan be
incorporated into l6ts 32, 33, 34, 35, 36 and 37
to the satisfaction of the municipality.
(Con t ' d . )
.', .
Page 2 of 9 '
\ \
~.
.- ~
, ....
r
.
~ .
.
.
.
July 26, 1979
, File No. l8T-77l23
No. Conditions Continued
9. That prior to the signing of the final plan by the
Minister, we~reto be-advised that the proposed
subdivision conforms with the restricted area
by-law approved by the Ontario Municipal Board under
section, 35 of The Planning Act. The Restricted
Area (zoning) by-law should contain a provision
that no part of any dwelling is permitted within
100 feet of the westerly limits of lots 4, 5, 6,
7, 8, 30, 31, 38, 39, 40 and 41.
10. The lands within the floodplain by the Soper Creek,
as determined by the Central Lake Ontario Conservation
Authority floodplain mapping, shall be placed under
an appropriate zoning category in the by-law required
under condition 9 above, which would have the effect
of prohibiting all buildings or structures thereon
other than those required for flood or erosion control.
11. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Town of Newcastle concerning the provision of roads,
installation of services and drainage.
12. That such easements as may be required for utility
or drainage purposes shall be granted to the appropriate
authority.
13. That the development of the plan be phased to the
satisfaction of the municipality and the Regional
Municipality of Durham.
14. That the subdivision agreement between the owner
and the municipality contain a provision that lots
will be made suitable for septic tank systems to
the standards of Durham Regional Health Unit.
15. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Regional Municipality of Durham concerning the
provision of roads, installation of services and
drainage.
(Cont'd.)
Page 3 of 9
\
I
. i
..
,
-
..
'\. ,
" ..<(
.
.~J
r 4- "',
July 26, 1979
File No. 18T-77123
No. Conditions Continued
16. That the subdivision agreement between the owner
and the munic ipa1i ty conta in the-'fo11owing provis ions,
with wording acceptable to Central Lake Ontario .
Conservation Authority wherein the owner agrees:
(a) to neither place nor remove fill of any
kirid whether originating on the site or
elsewhere, nor alter any existing
vegetation, within, the fill and
construction limits of the floodplain
of the Soper Creek, without the written
. consent of the Central Lake Ontario
Conservation Authority;
".
(b) to construct bridge and stream crossings
to the satisfaction of the Central Lake
Ontario Conservation Authority and the
Ministry of Natural Resources;
(c) to include restrictive covenants in
the deeds to lots 2, 3, 6 to 17 inclusive,
24 - 40 inclusive and 43 - 46 inclusive
to prevent any alteration to the water-
course and/or the cutting of healthy
trees on the lots, without the written
permission., of the Central Lake Ontario
Conservation Authority.
.
17. That the subdivision a9reernent between the owner
and the Town'of Newcastle contain the following
provisions, with wordin9 acceptable to the
Ministry of Agriculture and Food wherein the owner
agrees:
(a) to erect a fence along the western boundary
of lots 4, 5, 6, 7, 8, 30, 31, 38, 39, 40
and 41 to the satisfaction of the Ministry
of Agriculture and Food;
(b) to plant a vegetative screen along the
western boundary ,of lots 8, 38, 39, 40
and 41 to the satisfaction of the Ministry
of Agriculture and Food..
(Cont'd.)
Page 4 of 9
\ \
..
... ~ .. ,.....,
.- .....
.~
.-
~t.. , July 26, 1979
.
File No. l8T-77l23
No. Conditions Continued
18. That theuQwner -agrees in the subdivision agreement-
to inform all prospective purchasers that their
children,will only be picked up by the school bus'
on roads now in existence or at another place
convenient to the School Board.
"
19. That the subdivision agreement between the owner
and the municipality be registered against the lands
to which it applies once the plan of subdivision
has been ~egi~tered.
20. That before the Minister's final approval is given
we are to be advised in writing by the Town of
Newcastle how conditions 3, 5, and 7 to 14 and 16
to 19 inclusive have been satisfied.
.
21. That before the Minister's final approval is given
we are to be advised in writing by the Regional
Municipality of Durham how conditions 2, 4, 5, 6,
11, 12, 13 and 15 have been satisfied.
22. That before the Minister's final approval is given
we are to be advised in writing by the Central Lake
Ontario Conservation Authority how condition 16'
has been satisfied.
23. That before the Minister's final approval is given
we are to be advised in writing by the Ministry
of Agriculture and Food how condition 17 has been
satisfied.
.
24. That before the Minister's final approval is given
we are to be advised in writing by the Durham
Regional Health Unit how condition 14 has been
satisfied. '
NOTES:
1. We suggest you make yourself aware of:
(a) section 160a(1) of The Land Titles Act, which
requires all new plans be registered in a land
titles system:
(b) . section 160(2) allows certain exceptions.
(Con t ' d . )
Page 5 of 9
\
.oil'
. ~ ,., J
,~
,*. '
~
""'j'!,
~, July 26, 1979
File No. lBT-77123
.
.
NOTES CONTINUED:
2. It is suggested that the municipality register the
subdivision agreement as provided by section 33(6)
of The Planning Ac_t_Cigainst the land to which it
applies, as notice to prospective purchasers.
3. Water supply, sewage disposal facilities and solid
waste disposal facilities must be approved by the
Ministry of the Environment, or its agent in certain
areas, in accordance with Ontario Regulation 229/74,
as amended, made under The Environmental Protection
Act, 1971.
4. Inauguration, or extension of a piped water supply,
a sewage system or a storm drainage system is subject
to the approval of the Ministry of the Environment
under Section 41 and Section 42 of The Ontario Water
Resources Act.
5.
Where agencies involved in subdivision agreement
A copy of the subdivision agreement shall be sent
to:
Central Lake Ontario
Conservation Authority
1650 Dundas Street East
Whitby, Ontario
LIN 2KB "
/
Durham Regional Health Unit
301 Golf Street
Oshawa, Ontario
LIG 4B2
Mr. Keith Pinder
Manager
Ministry of Agriculture and Food
Food Land Development Branch
801 Bay Street
6th Floor
Toronto, Ontario
This will expedite clearance of the final plan.
A copy is not required by the Ministry of Housing.
(Con t I d . )
Page 6 of 9
~
....
. I
.
..
~ : \. ':
"
~ ....' it '"
..... .;_ r
, ~
iJl.
July 26, 1979
File No. l8T-77l23
NOTES CONTINUED:
, .
, I
6.
Lapsing of draft approval
If final approval is not given to this plan within
three years of the draft approval date, arid no
extensions have been granted, draft approval shall
lapse under section 33(12a) of The Planning Act.
If the owner wishes to request an extension to draft
approval, a written explanation together with a
resolution from the local municipality must be
received by the Ministry of Housing prior to the'
lapsing date.
: l
-
d
: I
, .
;
.,
i
.
;
, I
Page 7 of 9
\ !
. \
..
",'
, >C,
,. .
.'
- If.
~.. ...
- ~ "- ,
.
. { "
\:- ,,\
, I
1- \' '
"-:' .
Ontario
\" ~ ~ \,./ ''''' v'
Ministry Plal)~
of Adfll/nlstr;.tlon
Housing Division
! It I \"\", 'i, .; t. \" ;~T \ \", ~. f.
GIll II"'"
lOl0l111) C' :1.1110
M 1/\ !~,,1
965-6418
.
.
August 13, 1979
East Woodbridge Developments Ltd.
P.O. Box 5000
Concord, ant.
L4K IB6
Attention: Ms. Milena protich
Dear Ms. protich:
Subject: Town of Newcastle
Pt. of Lot ll, Cone. III
Our File: l8T-77123
Further to telephone conversations between
Chris Stoyanovich of the Ministry, and Mr. Harold Robinson
of the Durham Regional Health Unit and Mr. Nestor Chornobay
of the Durham Region Planning Department, we are amending
the conditions of draft approval.
Mr. Robinson advises us that condition #14 is not necessary
as the health unit has already agreed that the lots are
suitable for septic tank systems. Any further health unit
approval would be considered at the time they review
applications for septic tank permits prior to th~ issuance
of building permits. Mr. Chornobay agreed to this pro-
cedure and also pointed out that reference to condition #11
should be deleted from condition #21 as it did not apply
to the region.
Therefore, this is to advise you that pursuant to
section 33(12) of The Planning Act, the conditions of
draft approval dated July 26, 1979 are amended today by
deleting conditions 14 and 24 in their entirety and
deleting reference to condition 11 in condition 21.
The remaining conditions are unchanged.
Yours truly,
c. c. Region
Town
Health Unit
jf
THIS SCHEDULE is Schedule "8" to the Agreement which has been.authorized and
approved by By-law No. <[j/-(?O of the To~ of ~ewcast1e, enacted and
passed the '-(f'A.....- day of. ?14f 198(.
Page 8 of 9
\\
....
~
j .,:'.:
.,.
SCHEDULE "S"
-
"';
..
.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
SIGNED, SEALED & DELIVERED
In the Presence of: .
)
)
)
)
)
)
)
THE CORPORATION OF THE TOWN OF NEWCASTLE,
per:~~~;~
Mayor
.10o~'~
, '-'I lerk
)
)
)
) Per:
)
. )
)
)
) Per:
)
/
.
Page 9 of 9
" (
:,1- 4>< '" "
<It
'1 "
.. '~. \. ""
~
...
.
.
..
SCHEDULE "T"
MINISTRY OF AGRICULTURE AND FOOD WORKS
(l) The Owner agrees to erect a fence along the western boundary of lots 5,
6, 7,'8, 30, 31, 38, 39, 40 and 41 to the satisfaction of the Ministry
of Agriculture and Food, which requires that the fence shall be 9 strand
number 9 wire, page wire fencing. The posts shall be either 5 inch top y/
cedar posts or 7 foot steel posts. Posts will be spaced every ~od and
at least every third post will be a cedar post. In addition, a single
strand of barbed wire should be attached to the posts approximately 6
inches above the wire fencing. Anchors and braces will be placed
properly and the fence stretched in accordance with the normal methods of
erection of wire fencing.
(2)
The Owner agrees to plant a veget~tive screen along the weStern boundary of
lots 8,38,39, 40 and 4l to the satisfaction of the Ministry of
Agriculture and Food which requires that vegetation to be used include
a variety of coniferous and ~e~~d~2R~ species with a minimum of 60%
coniferous species in this mixtUire so as to provide a year round visual
screen. Trees to be minimum 5-6 feet in height when planted. The trees
are to be planted along the western edge of the lots of a density and
pattern sufficient to create a complete visual screen at eye level from the
property to the west.
THIS SCHEDULE is Schedule"T" to the Agreement which has been authorized and
approved by By-law No. ~ I-(po of the Town of Newcastle, enacted and passed the
<I"^- day of ~~ 198(. .
IN WITNESS WHEREOF the parties 'hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
affixed their corporate 'seals, by the hands of their proper officers duly
authorized in that behalf.
, . StGNED~-sEAtED-& DELIVERED
In the Presence of:
)
)
)
)
)
)
)
TIlE CO~N OF_THE TOWN OF NEl/CASTLE,
per:~~~
Mayor
~~,~
Clerk
)
)
)
), Per:
)
.)
)
)
) Per:
)
E DEVELOPMENTS LIMITED,
Vice~President
President
, \
Page 1 of 1
"
/' t
:'4~. I
;"
,~~ (
1 ;-} [' Q
\J "J iJ
.
.
DATED: July 21, 1981
...
MUTT ENTERPRISES LIMITED
and
EAST WOODBRIDGE DEVELOPMENTS LIMITED
APPLICATION TO REGISTER
NOTICE OF AN AGREEMENT
c:x;,
-
:=E:
.,-. Q.,..
r-f
C\I
-:::r
C"oo..I
-J
~
-,
Part of Lot 11, Conce~sion 3,
Parcel 11-1, Section 10-CON.3
Newcastle (No. 10)
GAMBIN, BRATTY, CHIAPPETTA,
MORASSUTTI, CARUSO,
Barristers & Solicitors,
1055 Wilson Avenue,
Downsview, Ontario.
M3K 1Y9
RB:rnf
~'-J,j
. ~
/ -::;:,
, "