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HomeMy WebLinkAbout75-59 ~ ' $'~ r c1;'" , , "." r . --r-- C E R T I FI ED COP Y I, Joseph M. McIlroy, of the Town of Newcastle, in the !legion of Durham, Municipal Clerk, DO HEREBY CERTIFY that attached hereto is a true copy of By-Law Number 75-59, passed by the Council of the Corporation of the Town of Newcastle at its meeting held on the 21st day of July, 1975. I hereby certify that the Sub-Division Agreement mentioned in the said By-law No. 75-59 refers to a Sub- Division Agreement between the Town of Bowmanville and Bowmanville Heights in relation to Plan #700 registered . in the Registry Division of Durham West, oQ November 22, ~ 1972, as Instrument #57149. ~ ~ 19 1 /l~ N-7n> , fit,? 4~ ~:e; /: :1,\.,.,,( {J 0-c;.1r-/~ Dated this ......... day of .................,.,. A.D. 1975 SEAL _(CC, l~ ~./ .",/ ,// ~' ....-----, ~~<." . c- -~..- ~ ~ 'j " ., ~ '1t . THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 75-59 A by-Iml to authorise the entering into a Site Plan Agreement ,~ith Clarion Investments Inc. WHEREAS By-Law No. 72-42 was passed by the Council of the Corporation of the Town of BOlmlanville on the 10th day of October, 1972 authoris!ng the signing of a Subdivision Agreement with Bowmanville Heights and; WHEREAS Clarion Investments Inc. is the successor to Bowmanvil1e Heiehts; NOW THEREFOR the Council of the Corporation of the TO'ffi of Newcastle hereby enacts ao follows:- ;. 1. That the Mayor and Clerk are hereby authorised to execute on behalf of the Corporation of the TO'ffi of Newcastle and seal with the Corporate Seal a Site PIsn Agreement between Clarion Investments Inc. and the said Corporation dated .~ "7,t.- day of ~4 f -r ,1975. Read a first, second and third time and finally passed this 21st day of 0.00..0 Q...!.~~~............, 1975. Seal ../.c; '.~ ~ /' /:? ~~ ~;:-~. ~ ~ -e~~'-~....c..<-_~..__...f- G.B. Rickard - Nayor ,-h-:,.,...{:,,-<. L.A., ' rc ..6:..."",-'7' Gertrude lL Grny/ -.-......_- .. ~. . L" Dep u ty- C~erk ;;r. i.~"..'~' ,,~~, 1 r ...,... THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW no. 75-59 A by-law to authorize the entering into a Site Plan Agreement with Clarion Investments Inc. ryJ ') ~/ I~) / ~ ff I -' 743"'1") Iv No. land Registry Division of Newcastle (No. 10) I CERTIFY that this instrument is registered as of cJ:IO t .M. OCT 3 1975 land Registry Office ~~ Town of Newcastle Ontario. '_ RiGISTRAR in the , . f -... .. . . THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 75-59 A by-law to authorise the entering into a Site Plan Agreement with Clarion Investments Inco WHEREAS By~Law No. 72-42 was passed by the Council of the Corporation of the Town of Bowmanville on the 10th day of October, 1972 authoris1ng the signing of a Subdivision Agreement with Bowmanville Heights and; WHEREAS Clarion Investments Inc. is the successor to Bowmanville Heights; NOW THEREFOR the Council of the Corporation of the To.in of Newcastle hereby enacts as follows:- 1. That the Mayor and Clerk are hereby authorised to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporate Seal a Site Plan Agreement between Clarion Investments Inc. and the said Corporation dated .~ -:".L- day of ~4 r -r , 1975. Read a first, second and third time and finally passed this 21st day of 00000.. o.oo!o~~!.....ooooooo, 1975. Seal ~~/ Go Bo Rickard Hayor ~t~ "Gert;ude E. Gray Deputy- Clerk ..( ~ 'v 1 <.1 f1. ..-.... _....".~~;.~~. ~ .. .; THIS .A..G!l0I~\:.~~;r".:' :~lncc; 1~" in duplicate this ~ day of . ~ f~~, 1975. -- BET WEE N: CLARION INVESTNENTS INC.~ a Corporation incorporated under the laws of the Province of Ontario, Hereinafter called the "Developer" -and- OF THE FIRST PAR~ THE CORPORATION OF THE TOWN OF NEWCASTLE, . Hereinafter called the "Town" -and- OF THE SECOND PART THE BOWMANVILLE PUBLIC UTILITIES COMMISSION, Hereinafter called the "Commission" ~. -:.~- -and- OF THE THIRD PART MUTT ENTERPRISES LIMITED, a Company incorp- orated under the la\'is of the Province of Ontario, having its head office in the City of Toronto (formerly Martin Goldfarb Con- sultants Limited) and YORK RIVER HEIGHTS LIMITED, a Compan~ incorporated under the laws of the Province of Ontario, having its head office in the City of Toronto, carrying on business under the firm name and style of BOVH1ANVILLE HEIGHTS. Hereinafter called the llHorgagee" OF THE FOURTH PARX vrnEREAS the Developer is desirous of constructing a Town House project in accordanco with the Site Plan attached hereto as Schedule "A"; . AND WHEREAS the Developer has represented to the Town that it is the owner of the land described in Schedule "B" as ap- pears from the Certificate of an Ontario Solicitor attached to this agreement as Schedule "E". AND WHEREAS the Developer may create a condominium out of the aforementioned row-house project; AND vlliEREAS the Town agrees to the construction of the aforesaid project, including the creation of a condominium on same, ~ - provided certain conditions are agreed upon between the Town and the Developer and registered against the title; ~ 0UL~ ' l/ ~r1:, L f '. if . . " c -~ 110\'] TBEREfCr:= ~?,'f ,..... r'\....... - ...--..-.~,.. f"?'\.....,........ "--.j ".-'~ >.. .1. :....)::';-..1...: 1 \..)j.~ O? T:'iE S.:rJTT}kL~L JiGFEE!~S!'~?~ AND COVENANTS AND PRO}lISES E.~EEE: COIiTAIIJED and other Good and valu~tl~ Ie. consideration, the parties hereto agree as follows: 1. (a) The Developer agrees to deposit with the Town as Security for the performance of this ~greenent a sufficient sum to be deposited at the option of the Developer by a cash deposit, letter of ,credit, other negotiable securities, or bond of the estimated cost of the services to be installed as shown on Schedule "D"; (b) The Developer agrees that upon the failure of the Developer to complete any part of the ser- vices requested by the Town within 24 months from the date of registration of this agreement, the Town may by a resolution of Council itself enter upon the land and perform or cause to be performed any such work at the expense of the Developer who shall reimburse the Town with respect to the cost of doing such work. The Town may also use any part'of the money, bonds or G.etters of credit. deposited with the Town under clause (a) to pay the cost of'orto reimburse the Town for the cost of any work so done. (e) The Town agrees to reduce, from time to time, the amounts received as cash deposit, letter of credit, other negotiable ~ecurities, or bond as referred to in sub-clause (1. (a) ) hereof, by an am01.mt equal to 100% of the value of the completed ser- vices, upon receipt of statutory declarations that , accounts relative to the installation of the com- ple~ed services 'have been paid. The Town agrees to release the full amount of the security upon the Town being satisfied as to the completion of all work by the Developer. (d) The Developer agrees to furnish the TO\.m at any time and from time to time on demand, with a statutory Declaration by or on behalf of the Developer that the Developer has paid all accounts that have become due and payable in connection with the construction, installation and maintenance of the services. SECURITY AND PERFORMANCE 2. The Developer agrees to complete or cause to be SCOPE OF completed at its own eA~ense and in a good and workman- A GREEME lIT like manner, all the required services as hereinafter set forth to the satisfaction of the Tow~ and to complete, perform or make payment for such other matters an may ce provided for herein. . 3. The Developer agrees that it will employ a regis- tered professional engineer to design and supervise the installation of all services on the lands in Schedule "B". The Develop~~ covenants and agrees that it will not permit any of the units to be occupied until all under- ground services have been installed and the internal roadways have received at least the base course of a~phalt from the front of the units being occupied to the muni- cipal roadway and that electrical power is available to the said units. The Developer agrees to deposit with the Town in the form of cash, the sum of $500 for each dwell- ing Unit upon issuance of a building permit for said unit, 1 ~;!t1{) t<-,,-- 4. PROFESSIONAL ENGINEER CONSTRUCTION AND OCCUPANCY ~ 5. Ite "\ j' '<1-',<,\' _d~ -1---'1 ~p f'-~.r-~~cd in ~hp -"P-~ ~h-~ '""'('~.._--_.. ~'...i~_:.~ ;:.~~. ';:;;11c1."':"" L........ ....'JJ..~':...~......Lr....... ..:. l,.. ...., tv _~..l..t \..r .ctv \~j_l-:'Ur-':"._'_~ __. ~'..<< .....,- - - .: .-....... .......... +. \...... C ~....... ~ + ~ 1 1 ....".&.. ~ - "'"" 0 of' CO' - r"!"' ~ c c. ~ ,......... ~ ,..., - _"1 .- V\,;\"'UJ...""J 1.1;" .LVJ.. \.IV vL.L .J..J..L.....') vCl...i-"Lc;ll.l.l.UJ.1 .I. uC v.J.. - u ('j.tJ.\.A \...CUJ,F..1.o;.;.~- tion of the roadways as aforesaid. The Town agrees to return the deposits forthwith for each dvlelling unit to the Developer, at such ti:ne as the unit is ready for oc- cupancy in accordance with this clause. The Developer agrees that the'Town shall have the right to enter onto the lands described in Schedule "Au from time to time for the purpose of inspecting the pro- gress of construction and ensuring that construction is completed in accordance with this Agreement. It is fur- ther agreed that the servants or agents of the Town shall in the event that an e~ergency situation arises, have the right to enter upon the lands and perform any temp- orary repair or service which might be necessary to rect- ify such emergency situation. The cost of this shall be borne by the Developer and the Developer further agrees to save the Town harmless from any costs or damages which may arise from making such emergency arrangements.' It is further agreed" that if the Town does make an entry under this clause any work invol- ved with respect t9 this project shall not be deemed to constitute acceptance of the work being repaired. The Developer agrees to pay all charges incurred by the Town in connection with engineering and inspection services within thirty (30) days of being rendered. 6. The Developer agrees to construct the project accord- ing to Schedule "A" attached hereto and all other plans, profiles and specifications as listed in Schedule "GII \..rhich the Developer agrees to submit for approval by the Town. Where practical Drawings shall conform to the Town's stan- dard size 36tl x 2~1l overall dimensions with 12" t.orders on all sides. The Developer agrees that no building peruits shall be applied for or issued until all plans, profiles and specifications have been approved by the Town. INSPECTION Ju~D ENTRY PLANS AND SPEC IFIC!-.- TIONS The Developer agrees to construct a complete water- works system or systems, including booster pumps as requ- ired, hydrants and water service connections to service all the lands according to plans and specifications npp- roved by the Town and to maintain them. All watermain systems shall be constructed to an outlet approved by the Region of Durham according to standards approved by the Town and shall be sufficient size, depth, and ~t locations within the limits of the site to service the entire dev- elopment. 8. The Developer agrees to construct complete sanitary and storm sewer systems, including sanitary and storm connections and catchbasins and leads to service all the SEWERS lands on the said site, according to plans and specifica- tions approved by the Town, and to maintain then, includ- ing clearing any blockages. Such sewers shall le con- structed to an outlet approved by the Town and the Region of Durham and shall be of sufficient size, depth and at locations within the limits of the site, to service the entire development. 1 ,Vt\.~, \fk, 'L '-- ~~ . The Developer agrees to supply lias constructed" dra- wings satisfactory to the Town prior to registration of a Condominium Plan on the lands described in Schedule liB" hereto. 7. \oJATER- HORKS 9. .' 12. te '. ~ .. I 4 The Developer agrees to carry out all Grading worl{G necessary in the opinion of the Town to provio0 for proper drainage of all lands included in the said site and adja- cent lands which drain through the said development. It DRAINAGE is understood and agreed that the said works shall be con- structed in accordance with grading plans approved ty the Town. Th~ Developer ~urther agrees to forth,vi th rectify and alleVlate any dralnage problem upon written notice from the Town. (a) The Developer agrees to provide and install electric distribution services for all buildings within the development, according to the provisions of a separ- ate agreement to be entered into by the Developer and the ,Commission. The said separate agreemen~ including revisions tqcreto as may be made from time to tim~ 'shall be deemed for all purposes to form a part of this Agreement. (b) The Developer agrees to provide and install all exter- ior lighting, including lighting of all streets and open spaces on the site, according to plans and specif- ications approved by the Commission and the Town. ec) The Developer agrees that all electrical and telephone cables shall be installed underground. When deemed necessary by the Town, services shall be constructed and installed under the observation of Inspec- tors employed by or acting as agents of the Town and the Developer agrees to pay the accounts therefore within thirty (30) days of their 'being rendered. , The Developer hereby agrees to pay the cost of reloca- ting ~ny existing services made necessary by reason of the deveropment of the lands as aforesaid within ten (10) days of the account for same bei~g rendered by the Town. " The Deveioper agrees to grant to the Commission and the Town, free of charge, any easements required by the Town, provided same do not conflict with the npproved site planj1ereto attached as Schedule "A". Ii The Developer agrees that the To\Yn shall have the right, at the cost of the Developer, to enter on to the lands des- cribed in Schedule "A" for the checking, maintenance and upgrading of standpipes, firehoses, emergency lighting, fire pumps, alarms, sprinklers, and fire hydrants as need 10. The Developer agrees to rough grade to the Town's spec- ifications to the full width, all roadways as shown on said ROUGH plan. The Developer further agrees to keep all parts of GRADE the site which may be so required clear and free of all materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 11. The Developer agrees to construct all the roads and parking areas as shown on the said plan to the plans and spe~ifications approved by the Town. ROADS PAVED ':-. ",The Developer agrees to construct curbs and gutters on all. the ,roads according to plans and specifications CURBS AND 'approved by tho Town and to maintain them. If nny curb GUTTERS depressions are not located correctly with respect to a driyeway; the Developer shall construct a curt depression in the correct location and replace the original curb or curb and gutter section according to the said sepcifications. _,_.~"':"':"',~.,;'____",,_,_,.:;c._-, ,._".._. ,",,--._ .. . 10. O""5.d . t.:>'l - V d C) 1.-",-- - j 13. The Developer agrees to construct sidewalks on all roads in the development in accordance with plans and specifica- SIDEWALKS tions approved by the Town, and to maintain them. ELECTRICAL DISTRIBO_ T ION AND EXTERIOR LIGHTING i INSPECTION OF WORK '" ,. 14. 15. . 16. 17. 18. EASEHENTS tt .t H 'I f ) t', d , ~ . . f'f rl f,~ H t"li H n~ . ti . , . j i~ II tR ,1 .... -=-1 --::; RELOCATION OF EXIST- ING SERV- ICES }K.A INTEN- ANCE be. . 23. 24. Ie 25. -26. s , 19. The Developer agrees th2t Secondqry 8.CCeS3 routes 2nd wall{ways identif i od A.S 8mAr[;(mcy ~l c.~ '::C:~;;, r':)" t-cs are tu 1:.(; kept clear of any type of fencinL 01' OUh!I' oLst:-..cl(:s. 20. The Developer agrees to install fire hydrants adjacent to the roadways, at 300-foot intervals and in a ~anner so that none of the building structures ~rc fllrther than 900 feet from the nearest fire hydrants. The Developer hereby agreos to pay taxes in full on all lands included in the said Plan until said lands are assessed and tilled as a registered condominium, if app- licable. 21. 22. The Developer hereby agrees to prepay any outstanding local improvements charges which are levied against the streets abutting the lands described in Schedule IB' hereto. Interest at the rate of TWELVE....(12%).....per cent per annum, shall be payable by the Developer on all sums of money not paid on the due dates. , Before commencing any of the work provided for herein, the Developer shall supply the Town with a Liability Ins- urance Policy in a form satisfactory to the Town, ide~illi- fying the Town from any loss arising from claims for dam- ages, injury or other\.,i se in 'connee tion vIi th the work done by or on behalf of the Developer on the development. The policy shall remain in force uhtil the issuance of the final acceptance certificate by the Town. In the event .that any renewal premium is not paid, the Town, in order to prevent the lapse of such liability insurance pOlicy, may pay the renewal premil~ or premiums and the Developer agrees to pay the cost of such renewal or renewals within ten (10) days of the account therefor being rendered ty the Town.- The Developer agrees to provide the Town prior to the commencement of the development \<1i th a Grad ing Control Plan prepared by the Developer's Consulting Engineer est- ablishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adj- acent lands which drain through the said development. The said Grading Control Plan shall be prepared to the satisfaction of the To,vn. The grading of the land shall te carried out in accordance with such Gradin~ Control Plan under the supervision of the Developer's Consulting Engineer. The Developer agrees to sod all parts of the site, except for paved, "built-on, planted areas, or pl&y areas, upon the completion of the construction of tuild- ings thereon. (a) Fp.ncing Adiacent to Residential Properties The Developer agrees to construct a chain-link fence of a minimum height of 6 feet along the portions of ,the property lines abutting adjacent private proper- ties and one foot reserves. (b) Qualitative or 2Yan.titative Test~ The Developer agrees that the Town !!lay have qualita- tive or quanti tntive tp.sts made of A.ny T1ateri~lls which have been or are proposed to be used in the construc- tion of any serv ices, required by this Agreement, and the cost of such tests shall be paid ty the Developer within thirty (30) days of the accoQ~t t.eing rendered by the Town. () / '1./1.... 0, .;/,/{; Lc <. \ i~\.~" ~ Ih . -'.~ ~~...;"..----_.;..."..,,-".;;...:,....... EHERGE;?::~ ACC2:SS FIRE HYD- RANTS ~, PAYl1ENT OF TAXES PREPAYHENT OF LOCAL IMPROVE~'LENTS INTEREST LIABILITY INSURA1;CE GRADING . DRAINAGE AND SOD- DING GE1\THAL PROV IS Ior;S h. . (c) Snm.J Plowin~ :;nd S2:;~in~T 0i_-,~~ The Developer agrees to snow plo~J and sand all access roads from any occupied buildings to existing To~n Roads, including an alternate 2C3DS af access where available, and to clear of snow all sidewalks and footpaths that provide pedestrian access to occupied , dwelling~ within twelve (12) hours of a storm. (d) Landscaping. The Developer agrees to carry out the landscaping of the project in accordance with plans and specifications ,approved by the Town. (e) Garbage Collection Ie The Developer agrees to collect all garbage and refuse at least once per week from each housing unit and to deposit same at a Waste Disposal Area approved, by the Regional Municipality of Durham.- The Developer agrees to_be responsible for the maintenance and hygenic quality of the area as ~ell as the trGnsport~tion of-- garbage to an approved site. ' (f) Cleaning of Streets The Developer agrees to control the dust as required by the Tovffi on all roadways wi thin the development and , on other streets affected ty work~in the development during construction and to sweep and keep clean all roadways and sidewalks within the development there- after. (g) Pedestrian WalkwaYs - The Developer agrees to construct pedestrian walkways where required by the Town according to plans and specifications approved by the Town. (h) House Numbers. The 'Developer agrees to number the Lmits with street addresses acceptatle to the Town and further agrees to supply and erect ,,,hatever street signs and 'traffic control devices are deemed necessary by the Town. (i) Parking . The Developer agrees to keep clean all roadways on the site, and to permit no parking of vehicles other than in garages, driveways, parking lots, or visitor park- ing spaces as indicated on SChedule itA", and to cause to be removed forthwith any,vehicle fo~nd to be obst- ructing any roadway within the site. (j) Notification of Servicea .. The Developer ogrces to inforn the TOwn of of...w.......and.. to provide a work schedule for struction of all services. 1 ~f,~2~ cO":'"'.ence':ent the con- '\ U\.~. ~1 .. '7. 28. 29. 30. 'e1. 32. 33. . 34. 3~. 7 Wherever in this Agreement the word IIDeveloper" and th<:.> pronoun \litll is used5 it. shnll t.o read and construed 2..S "Developer" or "Developers" and I1hisll, "her" or "their'l ~ respectively, as the number and gender may require and the number of the verb agreeing therewith shall te construed accordingly. This Agreement and everything herein contained shall enure to the benefit of and be einding upon the parties hereto, their successors and assigns. This Agreement shall be binding on subsequent owners of the lands. The Developer agrees to pay the following sums under this Agreement, upon the registration of this agreement in addition to the usual building permit fees: (a) The amount of $600.00 to the Town for each dwelling unit to be constructed on the lands described in Schedule "B" as genera~ levies. (b) The amount of $150.00 to the Commission for each dwell- ing unit to be constructed on the lands described in Schedule "B" as electrical service levies. The Developer agrees to the registration of this Agree- ment by the Town against the title of the lands set our in Schedule \lB". (a) The Town and the Commission agree that upon the condi- tionsset out in paragraph (b) of this paragraph teing fulfilled and upon the Developer complying with the provisions of this Agreement and upon approval of all required plans, profiles and specifications, tuilding permits will te issued for the construction of the units indicated in Schedule "All attached hereto on payment only of the usual building permit fees and such other 'fees and deposits as are herein agreed upon. (b) The Conditions to be fulfilled under the terms of this paragraph 325 are as follows: (1) approval of the Regional Municipality of Durham to the water and sewer connections to be obtained. The Town covenants and agrees to execute any docu~ents required for purposes of registration of a condomini'~ pro- ject on this site and by the execution of this Agreement hereof, the Clerk 'and Mayor are hereby authorized to execute said documents upon same being submitted by the Developer. The Town, in addition to any other rights conferred on it pursuant to this Agreement, shall have the right at all times to enter upon the land described in Schedule "B" for the pur- pose of carrying out any obligations imposed on the Developer under this Agreement which the Developer has failed to carry out according to the terms of this Agreement and any expense or expenditure incurred by the Town in so doing shall be paid by the Developer to the T01Yn on demand. The land described in Schedule "B" is hereby charged with the payment of all monies payable to the Town pursuant to the terms of this Agreement including all monies which may become payable to the Town pursuant to the provisions of the preced- ing paragraph. .;7 y-:7'1 V\A~~/ e~l~ ~4 .. - ~6- j ...~ .. . .;. "". o This Agreement shall not be binding upon ~~c T0W~ ~~16SS &nd until it is reglstered upon the title ~o ~nc-pro- p<.=yty descrit.ed in Scl1~du1e liB" and unless at the ti":'l? of such registration the Developer is the owner of the said land, subject only to the rights of the Parties of the fourth Part and unless the said Parties of the Fourth Part have executed this A~reement for the purpose of postponing their rights in the said land to the provisions of this Agree~ent. Nothing in this Agreement shall require any mortgagees named as Parties of the Fourth-Part to carry out any of the provisions hereof until they have entered into possession, purport to sell under a Power of Sale or ~oreclosure, or have in any way attempted 'to exercise their security against the lands described in Schedule "B" attached hereto. 37. The Developer shall, at the time of execution of this Agreement, furnish the municipality with a letter directed to the municipality, signed 'by an Ontario Solicitor, cert- ifying as to the ownership of the land described in Schedule "B". ' 38. The Parties o~ the Fourth Part do'hereby postpone their interest in the land described in Schedule lIB" to this Agreement with the intent that this Agreement'shall take effect as though dated, executed, delivered and regis- teredprior to any instrument under which the said Parties of the Fourth Part claim an interest in the said land. 39. The Developer shall pay to the municipality on demand all costs incurred by the municipality for the services of consultants in connection with the preparation of this Jcogreement. 40. The Developer agrees that should the Town in future pass a By-law under the provisions of Section 35(a) of the ?~8rrning Act, R.S.O. 1970 , Chapter 349, which by-law aff- E..::ts the lands descrit.ed in Schedule "BII to this AgrcE'P.ient -;:,:,sn this Ag:recment shall be deemed thence forth to t.e an hgreement duly entered into under the authority of said Section 35(a). 41. In this Agreement, the term 'the Town' or 'the Town of Newcastle' shall have the following meanings: The Director of Public Works of the Town for purposes of paragraphs: l(c), 26(f), 26(e) and 26(h). (b) Director of Public Works or any engineering consult- ants designated by resolution of the Town Council for purposes of paragraphs: 2,6,7,8,9,10,11,12,13,25 and 26(d) and (g). .f!:>) ,~ ~2. - The Town agrees to grant to the Developer a release from the provisions and obligations of this agreement two year~ after the registration of a Condominium Plan on the lands described in Schedule "B" attached hereto, provided that such release shall not be construed as to relieve the Developer of any obligation to do "any work or pay any rnoney~Of which he has "been duly notified before the lapse of the said two years. 43. The release described in article 42 above shall not be construed as to relieve nny subsequent owner frotI! nny of the provisions or obligations of this agreement. lt~ - ~\. L~:C;-~ '~~1 , rI'~~~--~ITNESS WIIER~~~- the said ,Corporate Seals attested to in that behalf authorized. 't ~ \ . ';~ -" '. . -: ,. ,- .. .'t - . , l._" , '6 . .. .~ ',. ._, ...... <,. ..... '... .. ~ '_c,,, _, .,........ .......,..... ....-....~."...... ...... _ . .- 9 parties have hereunto affixed their by.the hands of their proper officers ( INC.s., ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( YORK RIVER HEIGHTS LIMITED ~ .Per: ~~' ( ~_~-(lift:E f /1') E H r '_. ) ,~.-... ,~ !' ..';.... ~ ..... " . '.' .', SCHEDULE 11 B II ~ being attached to and forming part of an Agree- ment between CLARION INVEST1~NTS INC. and THE CORPOHATION OF THE TOWN OF NEWCASTLE ALL AND SINGULAR that certain parcel or tract of land and. premises situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, '(formerlyin the Town of Bowmanville, County of Durham) and ,~ . Province of Ontario and being cOffiposed of the whole of '. Block "An,acco'rding to a plan of subdivision registered in , . \ . the Registry Office for the Registry Division of Durham West (No. 10) as Nwnber 700. ;1 'q (; _,---- . .11 tf . ~ji7c:n~ jliI/l . '. " . " .. .. '. . . .. 1. 2. 3. 4. 5. .'. 6. ' . 7. f . \ e .... SCHEDULE II C II . . List of Plans, Profiles and Specifications .......------------------- , Plans, elevations and profiles of buildings Plans and sp~cifications of waterworks Plans and specifications of sewers Plans and specifications of grading and drainage Plans and specifications of roadways, curbs and/or curbs ,and gutters Plans and specifications of sidewalks, walkways and exterior lighting Plans and specifications of landscaping. ~' ~.,--.,_ ',. I /1 V [..fY1~ (iij/ \ .. .. e' . . " SCHEDULE "0" Part 1. 1. (a). The extension of an 8" water main from the existing hydrant located on the south property line, on the east side of Martin Road to the north property line, terminating with new hydrant and 8" valve. cut a 6" water line from the 8" main to the property line. The Regional Municipality of Durham quote dated Mar 5, 175 $7400.00 and $1500.00. (b) From the 6" water line extend line to a new hydrant and terminate. cut a 211 connection to ,a water meter. e (c) . . e Brentview Construction (ont.) Ltd. quote dated Apr. 21, -75 $6075.00. From the existing manhole located on the south property line on the east side of Martin Road extend to property line both sanitary and storm service. Brentview construction (Ont.) Ltd,. quote dated Apr 21, 175 $45,264.00. Total. $60,939.00. construction will be in accordance to the approved plan submitted on our behalf by Town Planning Consultants Inc. J;z5 v/~ () jilt( .)1' ~ -. . ~'"'.-..'. " ,< < 'C"'"'''''' . :.: .-..- - - - - .- - . ~ . SCHEDULE "0". part 11. (e) cost from Cliffside pipelayers Ltdol quote dated May 12, 175. e Total $36,717.00. . construction will be in accordance to the approved plan submitted on our behalf by cliffside pipelayers Ltd., for the street lighting and by Franc Amsen ASSOCo1 Ltd. for the walks, curbs and roadways. t c;--/7 , ;7 II 0 ~{tYt?,~ jW(" I- .') " . . \ - -. I j' '. ~ , { .. .e' . ( . .e .. . . \ , . . SCHEDULE It E '~ being attached to and forming part of an Agree- ment bctwl:;en CLAHIOH INVESTHEHTS INC. and THE CORPOHAT ION OF THE TOWN OF NEWCASTLE, ...------...~----...........--------- I, JOSEPH ANTHONY CHIAPPETTA, .a solicitor of The Supreme Court of Ontario, do hereby certify that the above named Develope~s are the sole owners in fee simple of all land described in Schedule liB" to the Site Plan Agreement, dated I further certify that there are no mortgages or other encumbrances upon the said land or any part thereof save and except the following: Mortgage in favour of Mutt Enterprises Limited and York River Heights Limited, carrying on business as Bowmanvil1e Heights . , I further certify that CLARION INVESTMENTS INC. are the sole owners in tee simple of all land to be conveyed to the Corporation or over which easements or rights are to be conveyed to the Corporation pursuant to the said Site Plan Agreement free from all encumbrances save and except the following: .--- .. .' . ,f , . : -. C.d:L,..'~' _'",""1~.;':"_,--~"",:,-,,,,",~~"":"';;""';"_~"'~~':""7~''''''''~'''''-'''- .... e DATED: . ~ Z7. I f(.7l--- . . .. . CLARION INVESTMENTS INC. - and - , . rP REGtSTRA TlON \0 FEE < LAND - V TRANSFER TAX RETAIL SALES TAX THE CORPORATION OF THE TOWN OF NEWCASTLE - and - THE BOWMANVILLE PUBLIC UTILITIES' C'OMMISSION - and - MUTT ENTERPRISES LIMITED - and.- YORK RIVER HEIGHTS LIMITED SITE PLAN AGREEMENT 74374 No. Land Registry Divisio . ICERTlFY that this in~t~f New~stle (No. 10) . ~ .~/ r.M. ument /s registered as of OCT 3 1975 in the . land ' , Registry Office OTow, o.of Newcastle o ano. f'I~ REG/STRAit l1tNo HEelSf -ill.) 7ly OFFICE ~ . 7J, .10 ~ ~ .,,0 ... .i l _ -.'fo,. ",<.]:., ',' ~ '.:I? 01\ // ~ .' .. :~~.. ~, ,:, . , \ I I , , L.,~ ,. "i"., . "X,. AI D ~ 7 .... Dl <t r .. ,/ \ II 1 P6'OM~f , II ZA'i-q, ~'t;/ d-r ~~I'~lJ-!I~~, ~~ ' \ Ib\ ,4Jl. = 9 =: Cl Cl leI C2 C2 ~ J~ II Cl I' C2 Cl C L 1 I Ie Ll Cl Cl C1 , 1,'0" 1~I,o\l B2 . 9 N 01 82 o -~ <:tI ",,-'-'-''', ~f'MAI..T f'~VI""~" ,-,' ,. B2 _0 " '2 'Bl. . o -~ " :J dl B'I IO~~c>1I ~,I,O" () -coI ~, I I :ECDt-J<;" c.u 1Vf'I(:A\,. '. ~,*,at:' fOR..~VI!VA'Y~ Q 1? h .~ T I' i / , \ : "- 't\V~~'\IIf.IoV U~De;A" TYfl' " t;?~C72 t~11 ''1; \ ~ ~',~ /15' / ,/ /' // ./..-"/ / //'// ",// /' , //' ./ /./ .,/,/// / \ /" ,,\~ ,) . \ ~ :;.!. . PERTINE NT INFORMATION lot area 3.137 max, density allowed 136,650 QJ 56 48 ac, 18 u c -1 gross -7 net units units PROPOSED CONDOMINIUM TOWNHOUSES 2 storeys 3br. type A 5 units .2 storeys 3br type B 9 units 3 storeys 3br. type C 11 units 3 storeys 4br. type CL 2 units 3 storeys 3 br. . type D 15 units 3 storeys 4br. type DL 2 units total 44 units symbol explanation CL2 = unit type CL elevation 2 D1 -= unit type D elevation 1 ( excludinq . link' & 2nd ) building coverage floor OI~ang in'unit C+D 2'7,980ctJ parking & driveway' 27 940dJ land scape eo 730m total 20.50/0 20.40/0 59 1 0/0 136, 650 rP 100.00/0 parking: u nit A J C J C L J D J DL unit B visitors 70 cars 9 cars 1 ~ cqrs total , 92 cars ,I .ti' ',-foe f?AVllJC oI?(Al"~ 6~6 rOf7- ~i111.4 ~eE 200 O{ 0 1 00 O{ 0 32. 0/0 ~~ 6f€VICK 'DlZWG. LAN~.t:..r1!!. peA.~ I~ l 6U.e>JE.Y 11-1F?'~IO~ TAut-l. F~ -5tJel,/e.y ~Y D~t-J.e:.)Aib.tJ. -+- rLE.I~~t-JiJ. c.,1/i!. L.~ I i &t-Jr~1O ~ p-.~~" D,b.f"ED -SePft?li-Oee. IS)1""I7~ / .' !-C'... :6 c.. ,~"'1 ~i ~~-~~,,~ ;) t.~ J . . " "., ", I ,..,.....' " . / N:/ . ~> ,/'jP~' . "L......' :....0 ""': ~ . ~ ~~ 'J ~ '",' ' ,") I'-J " ~. ,... \ ", 1. ,c~ -~.\.. '7' r- ._-~:,:'t~~~ ~ I.. , ''iY / <-,- }'\ ~ tit, , :i1 3 /-"1 '\",. . " ";' './"~i- 'II 'C:~ ')'/'! ;' \,">' 4 \. / /..1 ~--l J., 'j-- I : M.?::;f"~ :-:~'cJr"..,f..5.;:~' .: ,~:'j, . ,';'....; ~~ ..1 {?, ",():)\ ,_.... '-_..........-..-'~-':".....--..:.,.-.------._._-'-~--....._'~..._'_.:.:'_. ,.~. .~,.-~-.~-.~_...,_........ --....... ..-""....--- ... ~..".... :..,.... \ .> ~ /'. '\ __ __J ;.-' ! . i 1------,-- I \ . . ~- Ct.A,(1"ON , ; I I LY!" I? . L-- . r-~'--'" (.i l' '.'\' (LL: lAic. . ........ iii'RECTO'i(' . " ~C'litlllt \\bibS'll "."D1\n~l\nl\ 01 \11Bl.' / ...'"'" ~ "}--7 1t!1) ~ 11 / { /!f,~ '(~~ ~ ~; ! f j, I, I , . i i' t, I. --====-=--~ i- t i I "'~ ." ~ "\. ) ~. .__-.S -,--I l' y -' "t.. 1 I 'ta:a:..l.5 aA~~e f'AIIl2!X . 'ilA~IV, 1C1).IlI/WS'f" ~. .ct -;:. tfO ~-_..,_. ----eSV'~'Q-N'...-.~~.~_ , '&\\' condominium r<2sidential project for clarion holdings martin rd.- bowmanville architect HOWARD RAFAEL sheet t ,tie ~ " , J .. ."~) ....."..!' ..-~.-~';'''.- ::"'~'~ "1, I site plan scqle 1" = 301- O' dro^,n by , 1 , , , I I dot~ ,t j MAY 2, ,1975 ,/ , . ontario ... job no c~cj(ed b) 74-86 d^,g '10 1/.. /7 I /