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HomeMy WebLinkAbout78-32 .. . . !f/ ,# THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-32 being a by-law to authorize the entering into a Development Agreement with Solina Investments Limited. THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. That the Town enter into a Development Agreement with Solina Investments Limited. 2. That the Mayor and the Clerk be and are hereby authorized and directed to sign the said Development Agreement and impress the Corporate Seal thereon. READ a first and second time this 24th day of April, 1978 READ a third time and finally passed this 24th day of April, 1978. ~-~4~~/ G. B. Rickard SEAL -. .~----- Clerk/ ~ -" ""', It., I L- "7 'K' S 1/ T HIS A eRE EM E N T m.1 d (' t his 26-IL day 0 f /J PI? 0.. A. D., 1978. BET WEE N: SOLINA INVESTMENTS LIMITED, a Company incorporated under the laws of the Province of Ontario, OF THE FIRST PART, and THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter cnlled the "Municipality" OF THE SECOND PART. WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are des- cribed in Schedule "A" hereto, are hereinafter called the -"said lands"; AND WHEREAS the Owners warrant that they are the registered ~wners of the whole of the said lands AND WHEREAS the Owners warrant that they intend to apply to The Durham Land Division Committee, hereinafter called the "Committee" for approval of a consent to convey parts of the said lands; AND WHEREAS the Owners have consented to enter into this Agreement with the Municipality; AND HHEREAS in this Agreement "Owner" may include an individual, an Ass 0 cia t-i 0 n, a P ;1 r t n e r s hi p , or a Cor p 0 rat i () n , and \v h C' r C'v e r the singular is usC'd herein it shall be construed as including the plllr;,l; /\ N D \v II ERE A S L h eO'"" 11 to r s \,' a r rail t t hat L hey h a v e () r w i 11 e n t e r into an agreement with the appropriate Public Utilities Commission, or other Cluthority or cOlnp2ny having jurisdiction in the area of the said lands for the design and installation oft h e uti. 1 i tic s ref err e d t 0 inS c 11 CellI 1 e "H" ;, n d her c i n aft e r called "Utilil ies"; AND HHEREAS in this Agre2rnent "Director" means the Director of Public Works of the Town of Newcastle, or such duly qualified Engineer as may be appointed by tIle Council of the Municipality to act in his place; AND WHEREAS the Owners ack;lo'.vledge that the lands will not be s e r v ice d b y m u n j c i pal w iJ t (' r 0 r ,S C \, e r s y s t ems ,1 11 d e a c h b 11 j 1 din g or sl!:ucture 1:0 he (i!:('cl.cd or ;l]tered shall be supplied by Ln- d i v i d u a 1 \v (' lIs 0 cpr i vat e \,' a t (' r S 11 P 11 1 Y s Y " t e in s ;, n d h y P l~ i. vat e s e ~'I age di s p 0 s a I s y s I: ems a s ;1 Pin" 0 v e d ;1 n d / 0 r r (> q 11 ire cl b y the D u r h" m R (~g ion II e a It h Un it. - 2 - " 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 Owners shall, at the time of execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality cert- ifying as to the title of the said lands and setting out the names of all persons having an interest in the said lands and the nature of their interest. 2. The Owners shall, at the time of execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality cert- ifying as to the title to any land which is to be conveyed to the Municipality, or over which easements are to be granted to the Municipality p~rsuant to the terms of this Agreement. COPY OF PLAN REQUIRED 3. The Owners shall, at the time of execution of this Agreement, provide the Municipality with a certified copy of a reference plan of survey for the said lands prepared by a registered Ontario Land Surveyor showing the proposed layout as approved by Council. Such reference plan shall be attached hereto as Schedule "B" and hereinafter called the "Plan". The Plan shall also contain the stamp of Regional approval. The "Plan" shall be deposited in the Registry Office prior to the issuance of any certificate that consent has been given for the conveyance of any part of the "Plan". PAYMENT OF TAXES 4. The Owners shall, at the time of execution of this Agreement, pay all Municipal taxes outstanding against the said lands, as set out in Schedule "c" hereto. The Owners further agree to pay any Municipal taxes which may become due and payable by them in respect of any of the said lands prior to the sale by the Owners of such lands. PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Owners shall, at the time of ex~cution 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 execution of this Agr.eement. PAYMENT OF DRAINAGE CHARGES 6. The Owners shall, at the time of execution of this Agreement, pay all drainage charges assessed under The Drainage Act, 1975, and The Tile Drainage Act, 1971, as amended, against the said lands, as set out in Schedule "C" hereto, including the commuted value of any such charges falling due after the execution of this Agreement. - 3 - DEDICATION OF EASE~E~ 7. The Owners shall, at the time of execution of this Agreement, deliver to the Municipality executed transfers of easements free and clear of all encumbrances as set out in Schedule "D" hereto. If, subsequent to the registration of the Plan, further easements are required for utilities or drainage or other purposes, the Owners agree to transfer to the Municipality such further easements upon request. DEDICATION OF LANDS INCLUDING ONE FOOT RESERVES 8. The Owners shall, at the time of execution of this Agreement, deliver to the Municipality executed deeds of conveyances sufficient to vest in the Municipality, or where applicable, in any other public authority or person absolue title in fee simple, free and clear of all liens, charges, encum- brances and casements, as set out in Schedule "E" hereto. Such conveyance shall include the dedication by the Owners to the Municipality of the lands required by the terms of The Planning Act, R.S.O. 1970, Chapter 349, as amended, from time to time to be dedicated for public purposes other than for highways. DEDICATION OF LANDS FOR PUBLIC HIGHWAYS 9. The Owners shall, at the time of execution of this Agreement, convey to the Municipality a title in fee simple free from all encumbrances for the parcels of land listed in Schedule "F" for the purpose of public highways. The convey- ance to the Municipality of such lands shall be subject to a reservation to the Owners of a right-of-way over said lands until such time as said roads have been laid out and established as a public highway by a by-law of the Town. --_._----_._--_._---~---_._-_._.__._._.__.~,._- . ~ '------.--.,...--- REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS 10. The aforementioned transfer of land and transfers of easements shall be prepared and registered by the Owners at the Owners' expense. H U i'lL~'.I.E~ }. \\1 0 R K S__R E Q U T R EI~ 11. The Owners shall be responsible for the construction and installation of the services more particularly referred to in Shcedule "G'I hereto (hereinafter called "the Works"). Until the i S S II e 0 f <l C err i f i (' ate 0 f Ace e p t ,'1 n c e, ash e [ (>j 11 aft e r pro __ v ide d, the \V 0 r k s s 11 A 11 r un a i n t 11 e )l 1- 0 per t y 0 f t: h e 0 w n e r S, il n d t ll(! 0 \oJ n e r s s h a 11 b e f ll] 1 y r (' r; p 0 n sib 1 e r 0 r the i r m a i 11 ten :J II C e . After the issuance of a Certificate of Acceptance the h'orks shall vest in and become the responsihility of the Hunicipality. .!LrlJ~. f'l'U~_S.)~ J:q U T!\.!~_~ 1.2. The OVJlll~rS shn11 be responsible for entering into agrc(.!- ments with the nppropriate Public Utilities Cornmi~:;sion or other authority or compAny having jurisdi.ction in the ;lrea of the said lands, for the design and ill~;t.1Ilat:ion of the Utilit:ie~:; as more p,'lrticularly referred to in Schedule "H" hereto. ";'T11e electrical supply and telepJlone systc.l1lS shall be installed UilUt!r- g r G u 11 d . Ell' C t r i c i t Y ilia y be sup P Ii (, d ;] b 0 v e g r au n d fro in t he \) v e r _ h e ;1 dOn tar i 0 II Y d r 0 1 i n est r i1 v e r ::;i 11 g the 1 and s as' 0 f t: h e d ate 0 f t 11 j sAg r (' CIne nt, l' X C e p t t h,'l t a 11 I,' i. ri 11 g ,'111 d S t: r e (' t 1 i g h t: s s 11 a 11 b e u II d erg r 0 11 n d ;1 n d c x c cpt t: hat i f n e Iv e 1 C' c t: ri c a 1. d i s t rib \l t: ion 1 i n e s are r e q \I ire d t 0 s (~ r v l~ the 1:, 11 d s S 1] C h li n e s s 11 all h e i n- s t ;! 11 c d 1I n d l' j- g r l) II 11 cl ." - 4 - OWNERS" ENGINEER 13. The Owners shall retain a competent Professional Engineer, approved by the Municipality, and registered by the Association of Professional Engineers of Ontario, and hereinafter called the "Owners' Engineer", to administer this Agreement, whose duties are set out in Schedule "I" hereto. DESIGN OF WORKS 14. The Owners agree that the design of all the Works shall comply with the Design Criteria and Standard Detail Drawings of the Municipality. In the event of any dispute as to such standards, or in the event of any dispute as to such design requirements, the decision of the Director.,. shall be final. APPROVAL OF ENGINEERING DRAWINGS 15. The Owners shall, prior to the issuance of any Auth- orization to Commence Works, as provided herein, have received the written approval of the Director for all drawings of all of the Works, hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Director for revision and further approval, and no work shall be done unless in accordance with the said revised and approved drawings. APPROVAL OF GRADING AND DRAINAGE PLAN 16. The Owners shall, prior to the issuance of any Auth- orization to Commence Works, as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage Plan", and showing thereon all proposed 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 revision and further approval and no such work shall be done unless in accordance with the said revised and approved drawings. APPROVAL OF SCHEDULE OF WORK 17. The Owners shall, prior to the issuance of any Auth- orization to Commence Works, as provided herein, have received the written approval of the Director of a schedule, hereinafter called the "Schedule of Work", \Ilhich sets out the timing sequence in which the Owners propose to construct and install all of the Works and the Owners shall proceed only in accordance with such approved Schedule of Work. APPROVAL OF COST ESTIMATES 18. The Owners agree that, prior to the issuance of any Authorization to Commence Works, as provided herein, the estim- ated cost of construction and installation of all of the Works " - 5 - " hereinafter called the "Works Cost Estimate", shall be approved by the Director and entered in Schedule "H" hereto. The said approved Works Cost Estimate shall be deemed to have been included in this Agreement at the date of its original execution whether or not it was, in fact, so included and whether or not it is, in fact, entered in Schedule "J" hereto. PERFORMANCE GUARANTEE REQUIRED 19. (1) The Owners shall, prior to the issuance of any Authorization to Commence Work, furnish to the Municipality a Letter of Credit by a. Chartered Bank licensed to do business in Ontario, guaranteeing the performance by the Owners of the provisions of this Agreement. Such Letter of Credit shall be in an amount equal to the Works Cost Estimate, with respect to the Plan or stage of the Plan covered by the Authorization to Commence Work, less the amount of the cash or letter of credit required to be furnished under Schedule "K" to this Agreement. (2) The Owners shall, prior to the issuance of any Authorization to Commence Work, lodge with the Municipality by cash or by means of an irrevocable Letter of Credit issued by a chartered Canadian bank~ a Performance Guarantee required by Schedule "K" to this Agreement, with respect to the Plan or stage of the Plan covered by the Authorization to Commence Work. (3) All documents furnished under this paragraph shall be approved by the Treasurer and the Solicitor of the Municipality. (4) The Guarantee, as provided in subparagraph (1) hereof and the cash or irrevocable Letter of Credit as provided in subparagraph (2) hereof, are hereinafter collectively referred to as a "Performance Guarantee". USE OF PERFORMANCE GUARANTEE 20. The Owners agree that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Performance Guarantee if the Owners fail to pay any costs payable by the Owners to the Municipality under this Agreement by the due date of the invoice for such costs. I ND EMN I F .lS~_'~_~9}~_...9__~_ M~N_~_C-=T._~_i\_L I_'IX.__..t\~I)____I~ SQ)3--^ N_c;_~ 21. The OI.Jners covenant and agree to indemnify the Nunlcipal- ity against all actions, causes of actions, suits, claims and demands, whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Owners agree to indemnify [he Munic- ipality with respect to all such claims notwithsta..Jing the issuance of a Certificate of Release provided for in this Agree- ment. The Owners shall also provide the insurance called for in Schedule "L" of this Agreement. - 6 - . , REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS 22. The Owners shall not commence the construction or installation of any of the Works without the written per- mission of the Director hereinafter called an "Authorization to Commence Works". The Owners shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements con- tained herein, no Authorization to Commence Works shall be issued for any of the Works until: (1) The Plan has been deposited in the Registry Office; and (2) The Owners have paid to the Municipality any outstanding charges against the said lands; and (3) The Owners have dedicated to the Municipality any transfers of easement as set out in Schedule "D" hereto; (4) The Owner~ have dedicated or conveyed to the MunicipalIty any lands as set out in Schedules "E" and "F" hereto; and (5) The Owners shall deliver letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stat- ing that satisfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 12 of this Agreement; and (6) The Owners have appointed an approved Engineer as required by paragraph 13 of this Agreement; and (7) The Owners have received the written approval of the Director for the Engineering Drawings as required by paragraph 15 of this Agreement; and ( 8 ) The o ,om e r s h a v ere c e i v e d t 11 e w r i t ten a p pro val of the Director for the Grading and Drainage Plan as required by paragraph 16 of this Agree- ment; and (9) The ~wners have received the written approval of the Director for the Works Cost Estimate, as required by paragraph 18 of this Agreement; and (10) Thp Owners have deposited with the Municipality the Performance Guarantee applying to that stage rif the Plan for which the Owners are seeking such Authorization to Commence Works as required by pararraph 19 of this Agreement; and - 7 - (11) The Owners have deposited with the Municipality any policies of insurance as required by para- graph 21 of this Agreement. APPROVAL OF CONTRACTORS 23. The Owners agree that any contractor employed by the Owners to construct or install any of the Works shall be approved by the Municipality in writing prior to the contract being made and in the case of services under the jurisdiction of the Public Utilities Commission shall be approved by the Public Utilities Commission. Such contract 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 shall have the power to stop any such work in the event that, in their opin~on, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Municipality. PROVISIONS FOR CONSTRUCTION AND INSTALLATION 24. 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 Director. All construction on the said lands shall be carried out in accordance with the regulations for construction as set out in Schedule "M" hereto. SEQUENCE OF CONSTR~~~QN AND IN~~ALLATIO~ 25. The Owners shall, upon the issuance of an Authorization to Commence Work, proceed to construct and install all of the applicable Works continuously and as required by the approved Schedule of Works. COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION ---.-.-.---.----..----- 26. The Owners shall, within two (2) years of the date of issuance of an Authorization to Commence Works, complete the construction and installation of all of the Works authorized in such Authorization to Commence Works. ADDITIONAL-...1'fl-CILITI ES OR WOR~_J~..I~~l1~RE~ 27. If, 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 Owners shall construct or install such additional facilities and perform such additional work as the Municipality may request from time to time. INCOMPLETE OR FAULTY WORK 28. If, in the opinion of the Director, the Owners are not prosecuting or causing to be prosecuted the Works 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 Owners neglect or abandon tIle si1id work, or any part of it, before completion, o r \I n rea son;) b 1 Y del a y the e x e c II t ion 0 f the ~; ,) me, 0 r i fin any other manner the said work is not being done properly - 8 - and promptly in full compliance with the provisions of this Agreement, or in the event that the Owners neglect or refuse to do over again any work which may be rejected by the Director as defective or unsuitable, or if the Owners in any other manner in the opinion of the Director make 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 Owners and their surety in writing of such default or neglect and if the Owners fail to remedy such default or neglect 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 then 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 Owners or their surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owners shall forth- with be notified. The cost of such work shall be calculated DY the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty-five 10 (3510) of a contractor's charges to the Municipality (including any charges for overhead and profit), or, if such work is undertaken by the Municipality, thirt~five percent (35%) of all labour, materials and machine time charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Owners of the obligations imposed by this clause is one of the considera~ons without which the Municipality would not have executed this Agreement. ENTRY FOR EMERGENCY REPAIRS 29. The Owners agree 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 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 Owners from any of their obligations under this Agreement. DAMAGES OR RELOCATION OF EXISTING SERVICES 30. The Owners agree to pay the cost of repairing any damages to any services which without limiting the generality of the foregoing shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the said lands, or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or the authorities responsible for such services. The Owners further agree to pay the cost of moving any of the Works installed under this Agreement, in driveways or so close thereto as in the opinion of the Director, interfere with the use of the driveway. USE OF WORKS BY MUNICIPALITY 31. The Owners agree that any of the WG~ks may be used by the Municipality, or other authorized r:rsons, for the purposes for which the Harks arc 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 ty the Municipality of any liability in connection therewith, nor a release of the Owners from any of their obligations under this Agreement. - 9 - t' USE OF SAID LANDS " 32. The Owners agree that the said lands shall not be used for any prupose other than that set out in Schedule "N" hereto. with the prior written consent of the Municip- ality. LANDS REQUIRING SITE PLAN 33. The Owners covenant and agree that no application for any building permit in respect of any of the lots of the Plan shall be made until the Owners have entered into a site plan agreement with the Municipality respecting the develop- ment of such lot and unless the application for a building permit complies in all respects with the terms of the said site plan agreement. REQUIREMENTS FOR BUILDING PERMITS 34. (1) 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 Municipal building permits. when applied for. will b~ issued in respect of any of the said lands. The Owners atree that no application for any building permit in respect of any of the said lands shall be made until: (i) all the roads which are required to be con- structed under this Agreement to provide access to the proposed building have been constructed to at least the completed granular base and in any event to a stage approved by the Director as sufficient to permit their use by such vehicles as may be required during the construction of the proposed building; and (ii) all of the Works. required to be constructed and installed under such roads have been constructed and installed to the approval of the Director; and (iii) all of the Utilities required to be constructed and installed under such roads have been con- structed and installed to the approval of the authorities having jurisdiction over such Utilities; and (iv) The Owners have deposited the Occupanty Penalty fee as required by paragraph 42 of this Agree- ment; and ,-':: ~ ;1"{"1'....- - 10 - ~ (v) in addition, the Owners agree that no applic- ation for any building permit shall be made in respect of any part of the said lands until the Owners or their successors in title have entered into a Site Plan Agreement, as contemplated by Section 35 (a) of The Planning Act, with the Municipality respecting the development of such part, if such Site Plan Agreement is required by the Council of the Town. ./ REQUIREMENTS FOR SALE OF LANDS 35. The Owners agree not to sell any or all of the said lands until: (1) the Municipality has registered against the title to such lands any grant of easement in respect of such lands; and ~(2) the Owners have obtained from the prospective purchaser a covenant that such purchaser agrees to provide the Municipality with any grants of easement required for utility or drainage purposes upon the written request of the Municipality; and (3) the Owners have obtained from the prospective purchaser a license to permit the Owners to enter upon such lands to perform their obligations under this Agreement; and (4) the Owners have inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligations set forth in the Agreement. REQUIREMENTS FOR AUTHORIZATION TO OCCUpy 36. The Owners shall not permit any buildings on the said lands to be occupied, and no one shall occupy such buildings, without the written permission of the Municipality, hereinafter called an "Occupancy Permit". In addition, to any other re- quirements contained herein, or required Federal, Provincial or Municipal laws, no Occupancy Permit shall be issued for any, building until: (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, to the writt~n approval of the Director; and ( 2) all 0 f the s tor m dra:irage s y s t em r e qui red 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 and cable T.V. required to be constructed and installed and connected to the building have been so constructed, installed and connected, to the \oJcitten approval of the ;luthorities having jurisdiction over such Utilitil~:;; and - 11 - (4) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and (5) the Owners' Engineer has provided the Director with written confirmation that the lot where such building is located, conforms to the Grading and Drainage Plan, or has received the approval in writing of the Director with respect to any variance to the Grading and Drainage Plan. OCCUPANCY PERMIT 37. The Owners agree to deposit with the Municipality the sum of Seven hundred and fifty dollars ($750.00) at such time as a building permit is issued with respect to a lot and the said sum of Seven hundred and fifty dollars ($750.00) shall be forfeited to the Municipality in the event that occupancy occurs prior to completion of the services and roadways and the issuance of an Occupancy Permit. The Municipality shall return the deposit, without interest or penalty, to the Owners at such time as the unit is ready for occupancy in accordance with Agreement, or as required by Federal, Provincial or Municipal laws, provided that the sai-.d unit has not been occupied prior to its being so ready for occupancy or prior to the Occupancy Permit having been issued. It is understood that this provision is severable and distinct-and is in addition to any other rights which the Municipality may have at law or in equity to stop or enjoin occupancy of any building on the said lands in contravention of paragraph 36 hereof. MAINTENANC~ .OF ROADS AFTER OCCUPANCY 38. If any building on the said lands is occupied, the Owners agree to maintain all of the roads, which are required to be constructed under this Agreement, and which provide access to such building, until a Certificate of Acceptance has been issued for such roads, as provided herein, such roads shall be: (1) maintained, at all times, in a well drained, dust free and mud free condition, fit for normal vehicular traffic, to the approval of the Director; and (2) snow-plowed and sanded, so as to use by normal vehicul~r traffic, approval of the Director. permit their to the ~ E Q.!J I R HLE N ~r. S~'_Q~~~ RJ:}l~I C~_!-,_EQX__ O}I P LET ION 39. The Owners agree 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 purpose of this Agreement until the Direc~"r has provided the Owners with written confirmation thereof. referred to herein as a "Certificate of Completion". In addition to any other require- ments contained herein, no Certificate of Completion shall be issued until: - 12 - (1) all of the Works authorized by the Authorization to Commence Works 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 the Engineering Drawings approved by the Director; and (2) the Owners have provided the Municipality with a statutory declaration that the Owners have paid all accounts except for holdbacks not exceeding fifteen percent (15%) of the value of the Works, payable in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works and that there are no outstanding claims relating to such Works. All unpaid accounts other than holdbacks must be enumerated; and (3) the Owners have provided a letter from the Regional Municipality of Durham evidencing that all services required to be installed pursuant to the terms of any agreement between the Owners and the Regional Municipality of Durham have been installed to the satisfaction of the Regional Municipality of Durham; and (4) the Owners have provided the Municipality with a letter from the Public Utilities Commission, or other authorities or company having jurisdiction in the area of the lands that the Utilities have been installed to the satisfaction of such Public Utilities Commission or other authority or company having jurisdiction. PERIOD OF REQUIRED MAINTENANCE OF WORKS 40. The Owners 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 OF MUNICIPAL AND PRIVATE LANDS -.-.-'",.---.-----...--------------.----------- 41. The Owners shall cut all weeds and grasses on all parts within the Plan which from time to time have not been conveyed by consent of the Committee including Rny part which has been conveyed to the Municipality until such time as a Certificate of Acceptance is issued for all Works located on the said part. The said weeds and grasses shall be cut as often as is necessary in the opinion of the Director. l1:2.I.l'iT.._~~~_~~_~E__gl! 1\J~_i\ N:f},'~ .~_l3_F:'.. q U _I }3.J:~ 42. 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, and all weeds and grasses are cut as required by paragraph 41 hereof, the Owners shall, prior to the issuance of the Certificate of Completion for such Works, lodge with the Municipality a Maintenance Guarantee in the form of a bond or letter of credit from an acceptable insurer or chi1rtered Ci1nadian bank, anel in an amount equal to ten percent (10%) of the estimated cost of the \-Jarks as set out in Schedule "J" hereto. The form of the - 13 - " 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 com- pletion. USE OF MAINTENANCE GUARANTEE 43. The Owners agree that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Maintenance Guarantee if the Owners fail to pay any costs, payable by the Owners to the Municipality under this Agreement, by the due date of the invoice of such costs. REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE 44. The Owners agree that the Municipality shall not be obliged to release. to the Owners 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) the Owners have deposited with the Munic- ipality the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Owners have provided the Municipality with a statutory declaration that the Owners have paid all accounts payable except the holdback not exceeding fifteen percent (15%) of the cost of the Works, in respect of the construction and installation of the Works for which such Performance Guarantee was required and that there are no outstanding claims relating to such Works. REnUIREMENTS FOR CERTIFICATE OF ACCEPTANCE -~-------_._----------"----_.._---_._-_._._- 45. The Owners agree 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 Owners with written confirmation thereof, referred to herein as a "Certificat.e 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 in- spected 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 40 of this Agreement. OWNERSHIP OF WORKS BY MUNICIPALITY 46. The Owners agree that upon the issuance of a Certificate of Acceptance, the ownership tif all of the Works covered by such Certificate of Acceptance shall vest in the Municipali.ty and the Owners shall have no right or clai.m thereto, other than a sOw n e r s 0 f 1 a 11 dab u t tin gar 0 a din w h i c h s u c h \.J 0 r k s are installed. - 14 - i R f.: QUI R E 11~_ N T S FOR R EJ:'_~ A S.~.Q'!"~_~_!.~ T _f.:. N AJ'J .g_~_.E U ~ R A ~J~~ 47. The Owners agree that the Municipality shall not be ob1i&ed to release to the Owners the unused portion of any Maintenance Guarantee until: (1) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and I (2) the Owners have provided the Municipality with a statutory declaration that the Owners have paid all accounts payable in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required and that there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF RELEASE 48. The Municipality agrees to provide the Owners with a written release for the said lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applica~le Registry or Land Titles Office. In addition to any other requirement contained herein, the Certificate of Release 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 Munic-- ipality with written confirmation that, at a date not earlier than the end of the maintenance period described herein, he has found or re- placed all standard iron bars as shown on the Plan and survey monuments of all block corners, the ends of all curves, other than corner roundings, and all points of change in direction of roads on the Plan; and (3) the Hunicip31 Council has, by resolution, declared that the Owners were 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 Owners under this Agreement with the exception of the Owners' respcnsibility for drainage as provided herein and the Owners' acceptance of the conditions for applying for Hunicipal building permits as provided herein. RESPONSIBILITY FOR DRAINAGE 49. Even after thn issuance of the Certificate of Release the registered owner of each lot on the Plan shall have the sole responsibility for providing and maintaining adequate drainage of surface waters from such lot. - 15 .. '. INTEREST IN SAID LANDS 50. The Owners hereby charge all their interest in the said lands with the obligations set out in this Agreement. PAYMENT OF MUNICIPAL COSTS 51. Every provision of this Agreement by which the Owners are obliged in any way shall be deemed to include the words "at the expense of the Owners" unless the context otherwise requires. The Owners shall reimburse the Municipality for all administrative, planning, legal, engineering and inspect- ion costs incurred by the Municipality and those agents employed by the Municipality in connection with the development of said lands. UNPAID CHARGES 52. 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 one percent (1%) per month shall be payable by the Owners to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. NOTIFICATION OF OWNERS 53. If any notice is required to be given by the Municipality to the Owners in respect of this Agreement, such notice shall be mailed or delivered to: Solina Investments Limited, 66 Russett Avenue, OSHAWA, Ontario or such address as the Owners have 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 54. The Owners hereby consent to the registration of this Agreement by the Municipality and covenant and agree not to register or permit the registration of any documents after reg- istration of the Plan on any land included in the said Plan unless this Agreement and any deeds, easements or other documents required to be furnished thereunder have first been registered against the title to the land included in the Plan. NEGOTIATION OF AGREEMENT 55. The Owners 3gree that the Municip<llity may, at its option, in the circumstances set out below on thirty (30) days written notice to the O'\-.'l1ors, decLlre this Agrcel,lent to be subject to renegotiation, whereupon the Owners agree not to undertake any construction or installation of any of the Works until t~is Agreement has been renegotiated. This Agreement may be subject to renegotiation if no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the Plan. '. - 16 - ASSIGNMENT OF AGREEMENT 56. The Owners shall not assign this Agreement without prior written consent of the Municipality and no such assign- ment shall relieve the Owners of any of their obligations under this Agreement. JOINT AND SEVERAL LIABILITY 57. The Owners hereby acknowledge and agree that they are jointly and severally liable for all covenants given by them, or either of them, under this Agreement. APPLICATION TO LAND DIVISION COMMITTEE 58. Provided that all the terms of this Agreement have been fulfilled by the Owners and, provided further that application for consent to convey part of the lands comply with the Official Plans and Zoning By-laws from time to time in force affecting the lands, the Municipality will not oppose any application by the Owners to the Land Division Committee of the Region of Durham for consents to convey part of the lands. ROAD CLOSINGS 59. not applicable to this agreement SUCCESSORS 60. This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, and its or their respective heirs, executors, administrators, successors, or assigns. SCHEDULES TO AGREEMENT 61. The following schedules, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: Schedule "A" - "Legal description of said lands" Schedule "B" - "Reference Plan" Schedule "c" - "Charges against said lands" Schedule "D" - "Grants of easements to be dedicated" - 17 - .. Schedule 11 Ell Schedule llFll Schedule I1Gll Schedule I1Hll Schedule 11111 Schedule llJll Schedule "Kll Schedule llLI1 Schedule llMll Schedule llNll - "Lands to be dedicatedl1 - llLands for Public Highwayll - llWorks required" - llUtilities requiredll - "Duties of Owners' Engineerll - I1Cost estimate" - "Cash portion of Perform- ance Guarantee" - I1Insurance polices required" - I1Regulations for constructionll - llUse of said lands" IN WITNESS WHERE6F 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 ) ~J1ENTS LIMITED, ) ~-.A~ . ... / I""'i ES. ) ) ) authorized by by-law 78-32 passed the 24th day of April, 1978. THE CORPORATION OF THE TOWN OF ) NEWCASTLE, ) per~~_ ) ) ~~ ) Cler SCHEDULE "A" LEGAL DESCRIPTION OF SAID LANDS: ALL AND SINGULAR that certain parcel or tract of land situate lying and being Part Lot 30, Concession 1, geographic TOVlnship of Darlington formerly County of Durham now within the limits of the Town of Newcastle in the Regional Municipality of Durham as designated as parts 2,3,4,5,6,7,8,9,10,11,12 and 13 on a Reference Plan of Survey deposited as Plan 10R- This is Schedule "A" to the Agreement between Solina Investments Limited and The Corporation of the Town of Newcastle, dated the 26th day of April 1978. ~ VESTMENTS LI.~nTE D, Per: -vc?~.. ..:" ?/<E<>. . . " THE CORPO ION OF THE TOVvN OF NEVJCASTLE r Per- f'j { -I') m <:r8 C ~ g 1"") ('oj ~~ C) PL.. _J (5 lfl ~ fI) 2' E PL. L..<J ~ L..<J .~ S ~ ~- 0 53 !:::: &: ;Z . ~ L..<J U Z <r -:s 5 ,-., 'J _J _J 0::::: . RlC.5.M. I I I MERRILL Q BRONN LIMITED LAND SURVEYING AND ENGINEERING /2/ QUEEN STREET BOWMANV/LlE,OOTARlo. PHONE. 416- 623 .725/ Dote March 28, 1978. 66' Lie - IM7 File: 78056 STMENTS L~IITED, Per: ~~ 'Es. ON O~ T~_E TO WN OF NEWCASTLE - -- Clerk oAr1clr r; MAIN LINE TRACt< I i...J..-..J11 IV 'L _~(1005rO 66 c:,r:..N/~DI /~N -", 1") or -It; :NST ~. PI.. CJ _ RI. Z <! N~ Nn"05'E ".1 ~ 11116) , ( 27588 r! ~ , PART ~- r--. '-..J _J --1!U!~o r=?O/l.o -:g Scale 1 Inch : 100 feet Drown by. J. D.L. ~ .~ r z Z3O.oo' N 73<' 36'E R. 5.5./.B. PART 346.83' L -/500' PLWil. PART c;; ~ iO iii co '" 8 ~ '.., 0- t: z PL. Fence No Fence N73036'Emeos. 34650'lnstN'2231/58set (N7303Z'E ,"IIN9 Z3115) PLS.S.I.B. iii ;j '" C()NCESS:ON ~ 3i ;;:; en ~ ~ i ~~ ~ 1i.~ ~ .s!Q1ii _~~_.s; . f2l2 ~ ! ~ ~ .. C\J z '^'~T ",,"-'" I N'C I - ?71'&:::, L.JI Iv -8 Q SCHEDULE PART LOCA TlON AREA (SQ ft) 55,5/2 72,080 35,671 1,/71 9,/57 1,166 42,480 PART 8 9 fa 1/ /2 /3 2 3 4 5 6 7 Lot 30, ConcessIon 1 ---- --:-- ::!GHT l-"'~" ',/,:/,:"( ,\1 IL- (663'lnsl N9 231,14) 662 54 5 PI.. S.$.LB. --= 15592' i'ii '" or ('oj PART 3'- 2 ~ '0 '" -N ('oj ~ z <D I- ~Q: l.~ ~ m _ ;IE 1I)t- .", ~~ .. ~ .~ _N7f'36'E -..,---l 119 ~ ;4 ~ a: 7 ~~ t:l! 589.00' N7Y'36'E 18455' PL.S.S.IB. :g 11500' PL. S.5I.B o - ~- n C\J iO iii. ~ 8 o !!? PART , I en ~ ~ 01 :2 N73036'E PlS.S.I.B. 185.43' PLS5.1.fl ~ ~ f--- a: C/) 2' ,. oD - '" ..,'" i - z PART 12 15.00' 115.00' ~RT'3 Pl 186.3Z' I. N73036Emeas. (N74"f InSI N9 Z3114) CONCESSIONS "p/\('c J ,,"e" i...)1-\,JL L..II \Ie 3/640 LOCATION AREA (sQ. ft.) 5/,6/6 5,453 4/,810 33,294 34,/24 3, /63 Lot 30, Concession / -=- 0:- I I j 7c.. Ild,-, d RlSB(1OO5L 34492 fI) " @ " E :si -Q ('oj I{) I') f'-. 11... -~ !!1 ~ i'i N ()o Z . S -co ~ . -", ~ '3 ! 0 i Gl !Q ~ ! Wi-12 ~~ !I ~~ -,..~ Of <f _f~WAnQI. '""' Z 0; Lot 30 Con I ~ -~ , -; I O.lO'Wes1 66 d Fd(IOO5IWlt Pl,S.SIB WIt · N730 ~'E m_. 346.oo'InsI231158 set (N7303ZElnsI N9Z31f5J(N74"E Inst N9Z3/14) ,~LLOW,1.NCE 3Ei'lvEf,'\; ~.... L (1) ~, ?: II c_ (1) 0- PART 4 ,:: ~ ~c? ~1\ 1~ 210lZ' PLSSI.B. Wit. 64~ .,; o Q) E .~ ~ I') "tI 0 .f'-. I') - !!? ;z -8 Q ) I'd,,-B(IOO5J /055'N Pl S.S.I.B w,r. "-' u z I::' \...0 (J) C'J UJ 1"") Z 3() 01 2' f--: C./) ~ I~ND -- \- 'IJ/'J.. '( -II> .. t .... '" RI.~ -1 :11 / , , l ~I ... o -'I 0 /'d(1l06) 8ROf<E.'\! .:8 t I -.li\J FdH Fd Hor.ton O.LS. NEAnole J J LNW.Anol. Lot30,8FCon. lJll29,8FCon ~ ;-,~()',\;T I REQUIRE THIS PLAN TO BE DEPOSITED UNDER PART 11 OF THE REGISTRY ACT RECEIVED AND DEPOSITED AS. _ APFll.t....~_ /9ZB..__ [);JTe PLAN lOR _ 81 3 ____ If.. Jl()~/1v 1'1 '911 ---------- Dote _ /JvJQ~._ lJr Slt;lnature - L~'STRARFrX< E REGISTRY DIVISION OF NEWCASTLE ( Q 10) M. D. BROWN fiJO,:ne- -,n-----pr;nt PLAN OF SURVEY OF PARTS OF LOT 30, CONCESSION I, GEOGRAPHIC TOWNSHIP OF DARLINGTON, FORMER COUNTY OF DURHAM, NOW WITHIN THE LIMITS OF THE TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE I Inch = 100 feet M 0 BROWN 0 L S 1978 CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN THE MEANING OF SECTION 29,32OR 33 OF THE PLANNING ACT SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT / Ths survey and plan are correct and rnaccordarral WIth the 5-.JrVeY'S Actond the Registry Act and the regulatIons mode lhereunder 2 The survey was completed on the 28th do~ cfMarch, /978 March 28, /978 BEARING REFERENCE Bearings shown hereon ore astronomiC, derl ved from Solar observation at the mendlan through the N W Angle of Lot 29, Broken Front Concession , Ge<q"ari1'c TownshIp of Dorlmgton, (longitude 7S046' 10"W) C 5 M Denotes Cut Stone Monument -9- Denotes ," SQuare Iron Bar 4S"'cng S.SIB 4 Denotes I" square Iron Bar 3O"'ong. + Denotes 5/8" square Iron Bar 24"/ong -*--SB . '.......,...- Denotes 1/2"squore Iron Bar 30 long. PL Denotes planted. Fd Denotes found. NOTE A II hangmg Itnes shown on thIS pion hove been venf led .. SCHEDULE "c" CHARGES AGAINST SUBJECT LANDS N11 This is Schedule "C" to the Agreement between Solina Investments Limited and The Corporation of the Town of Newcastle, DATED the 26th day of April 1978. - VESTr.1ENTS LIr4ITED, Per: ~~~.s . THE CORPORATION OF THE TO\VN OF NEWCASTLE per~~ Mayor ./ -- SCHEDULE liD" GRANTS OF EASEMENTS TO BE DEDICATED: a) A fifteen (15') foot Easement for storm drainage and Hydro purposes over Part 9 on Reference Plan 10R-813. THIS IS SCHEDULE "D" to the Agreement between Solina Investments Limited and The Corporation of the Town of Newcastle. DATED the 26th day of April 197$ ESTMENTS LIMITED, Per: ~~:S THE CORPORATION OF THE TOWN OF NEWCASTL per~~ / . Mayor 7 . ' SCHEDULE "r~" LAND TO BE DEDICATED: (a) A ten (10') foot road widening to The Corporation of the Town of Newcastle on the north side of Base Line Road designated as Part 13 on said reference Plan No. 10R- 813 (b) An irregular parcel of land to be conveyed as a reserve to The Corporation of the Town of Newcastle designated as Part 6 on said reference Plan 10R- 813 This is Schedule "E" to the Agreement between Solina Investments Limited and The Corporation of the Town of Newcastle Dated the 26th day of April 1978. (- I\VEST~~~TS Ll~rrTED, Per: ~/-i> "--.:::-s; . SCHEDULE "Fit LANDS FOR PUBLIC HIGHWAYS: A sixty-six (b6') foot roadway running from East to West through the subject lands and including a turnaround on the Easterly end of the road designated as Parts 4,5, and 7 on said Reference Plan lOR-813 This is Schedule "F" to the Agreement between Solina Investments Limited and The Corporation of the Town of Newcastle, Da t ed the 26th day of April 197$. VESTr1ENTS LI~rrTED, Per: /A'Es . THE CORPORATION OF THE TO~~ OF NEWCASTLE Per: ~~_L~../ vIayor . SCHEDULE "G" WORKS REQUIRED (1) STORM DRAINAGE SYSTEM The owner agrees to construct, install and maintain complete storm drainage system to serve the said lands including all ditches, culverts, swales and any other appurtenances and equipment in accordance with the Town of Newcastle's Design Criteria and Standard Drawings, to the satisfaction of the Director of Public Works. The owner shall also, at no expense to the Munici- pality, arrange for the disposal of all storm water in and from the subdivision, which may be obstructed by the Owner's development, staisfactory to the Director of Public Works. (2) ROADWAYS: . .,.. . The owner shall construct and install, to the satis- faction of the Director of Public Works and as accord- ing to the Town of Newcastle's Design Criteria and Standard Drawings, the following services on the streets shown on the Plan:- (a) the grading and paving of all streets, includ- ing the installation of Granular "A" and Granu- lar "B" material, in order to provide a proper base for paving. (b) the grading and paving of all driveways between the edge of the pavement and the property line, including the installation of an 18" diameter culvert and the installation of Granular "A" and Granular "B" and paving, as according to the Town's Standard Drawings and to the satisfaction of the Director of Public Works. (c) the installation of all street lighting on all streets. (d) any ditching for drainage purposes and the seed- ing and mulching of the ditches between the edges of the shoulders and the property line. (e) the supply and erection of all traffic signs, and permanent street-name signs, as according to the Town's Design Criteria and Standard Draw- ings, and to the satisfaction of the Director of Public Works. (3) FENCING AND LANDSCAPING: The owner agrees to provide, erect and maintain fencing as according to the Town's Design Criteria and Standard Drawings, and to the satisfaction of the Director of Public Works, in the following locations:- (a) fencing to a height of 4 ft. abutting any resi- dential lot. (b) landscaping of the 10 ft. road-widening along the Baseline Road. The landscaping will be Austrian Pine of a minimum height of 6 ft. and the trees will be planted in clumps of five, each clump being 20 ft. apart. Deciduous trees (maple or ash) will be planted between each clump. (c) deciduous trees (maple or ash) will also be placed abutting residential property. The trees will be a minimal height of 6 ft. and spaced a maximum of 10 ft. apart. .--__.._n..._._.......~~.,.."--,r,,.,.,'_..~..~ ,':___~:..~':".._ 2 (d) all trees plant('d mllst he c:omp]ctcd under the supervision of a horticulturalist or nurseryman, and all trees must be guaranteed for one year from the date of planting. 4. EXTERNAL WORKS The Owner agrees to construct and install the following services outside the Plan. (a) the twinning of the outlet culvert crossing the Baseline Road to a proper size to accommodate the increased runoff. (b) any improvements required to the ditching along the north side of the Baseline Road and the east side of Trull's Road. (c) the grading and paving of all driveways between the edge of pavement and the property line, including the installation of an 18" diameter culvert and the installation of Granular 'A' and Granular 'B' and paving as according to the Town's Standard Drawings and to the satisfaction of the Director of Public Works, along any properties fronting Baseline Road or Trull's Road. Cd) Stream improvements required (to the satisfaction of the Director of Puhlic Works) to the existing watercourse along the east limit of Part 1, Plan lOR813. This is Schedule "Otl to the Agreement between Salina Investments Limited 1\_ and the Corporation of the Town of Newcastle, dated the 2/,11;. day of /"(t'f?I~ 1978. ENTS LIMITED //f'E~~ THE CORPORATION OF ~~ THE TOWN OF NEWCASTLE C L~~~ "'-- SCHEDULE "H" UTILITIES REQUIRED (1) ELECTRICAL SUPPLY SYSTEM The owners shall arrange with the Bowmanville Public Utilities Commission and/or Hydro Electric Power Commission of Ontario for the design, provision and installation of an above ground electrical supply system to serve the said lands, including all appur- tenant poles, service connections, apparatus and equipment, in the locations as approved by the Director (2) STREET LIGHTING SYSTEM The owners shall arrange with the Bowmanville Public Utilities Commission and/or Hydro Electric Power Commission of Ontario 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 com- pletion, including all appurtenant apparatus and equipment of such types and in such locations as approved by the Director. The Owners shall furnish written evidence satis- factory to the Director that such arrangements have been made prior to the issuance of any authorization to commence works. (3) TELEPHONE SYSTEM The Owners shall arrange with the Community Telephone Limited and/or Bell Canada for the design, provision and installation of an above-ground/underground tele- phone system to serve the said lands, including all appurtenant poles/manholes, service connections, apparatus and equipment, in the locations as approved by the Director. THIS IS SCHEDULE "Hf! to the Agreement between Solina Investments Limited and the Corporation of the Town of Newcastle, dated the 26th day of April, 1978. rMENTS LIMITED, /~L: oS THE CORPORATION OF THE TOWN OF NEWCASTLE Per: ~ ~~ /' ,/ L ~ Mayor / ---.---------:::::. ----- ----- ~ ---- SCHEDULE "I" .. DUTIES OF OWNERS' ENGINEER _c/ (1) DESIGN WORKS AND PRIVATE WORKS The Owners' Engineer shall design all of the Works. (2) PREPARE DRAWINGS, PLANS AND DOCUMENTS The Owners' Engineer shall prepare the follow- ing for the approval of the Director: (a) the Engineering Drawings; and (b) the General Grading and Drainage Plan; and (c) the Schedule of Work; and (d) the Works Cost Estimate. The approval of the Director shall not absolve the Owners or the Owners' Engineer of the responsibility for any errors or omissions in ~he above drawings, plans and documents. (3) -- REPRESENT OWNERS AND OBTAIN APPROVALS The Owners' Engineer shall act as the Owners' re- presentative 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 construction and installat- ion. (4) PROVIDE RESIDENT SUPERVISION The Owners' Engineer shall provide fully qualified supervisory, layout and inspection staff to provide continuous service during all phases of the con- struction and installation of the Works and to perform the following: (a) check field layout including the checking of line and grade as laid out by the contractors 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 of materials and equipment installed or proposed to be installed at the request of the Director; and . . . . 2 ~. .. - .~ ( d) p r () v itl (' (' () - (l r dill ;1' i () II ;111 d s (. 11 (, d tI 1 I n Ii () f tile (' III I ~; I r II (' t i Oil d tI d i tI ~: I ;\ 1 1 ;1 t j () n i n ;I (' cor d ;1 II C C w i L h L h l' li III j n g p I () V j ~-; i tl n s COil I d J II (' d 1l(~ J (' In. and the r('quirPll1pnl s of the Director; and , ( (~ ) i Il V (' Ii t i 1',;1 1 call (1 r (. p <' r t t. () t h (' n i r Pet 0 r il n y 11 nus u ale j r cum s t iHI C (~S w h i c h may a r i sed u r j 11 g con s t r u (' t i () n .1 n dill S t i1 1 1 " t ion; il n d (f) oolain field information during <lod upon com- pletion of the construction and installation required LO modify t.he Engi11l'L~ring Drawi.ngs Lo produce thc-As-co11structed Drnwings. ( 5 ) MAT }'l}j\}.!'l_ .Y)~C 0 R D..? T 11 C 0 \. n e r s ' En g j n l' C r s 11 a 11m a i n t ili n n 11 r e cor d s pertaining to the construction and installation. ( 6 ) }).l~o_ \j_!_.D.E__~.B_~_(~_~ l.~? ~_ ~_I.~ f_O_I{'J~ S. The Owners' Engineer shn11 provide the Director with reports on the progress of the construction and installation on <l monthly basis, or nt such other i 'I I I' r v ;1 1 ;1 S :1 p p r II v C' d 11 Y 1 J II' f) i r L' c I Il 1- . (7) l~~}~l~(I_!{J_~__~_S_-::.C2Q~.? L~U_~_'I~EP. . ]) R A \oJ I N G S 'I' h (~ 0 h' 11 C r s ' D l' ;1 \vi n g s f (l r Ellginc('r :;11.111 pr(:p:ire the As...con:.;trllctc I: h (' "p p r (l v ;1 1 () f the D ire c tor. THIS IS SCHEDULE "I" to the Limited and the Corporation the 26th day of April agreement between Solina Investmen of the Town of Newcastle, dated , 1978. SOL:r:NA INVESTMENTS LIMItED, It6~ - //?,c:-s OF THE TOvJN Per- ~~._-- ,e::::::::------. SCHEDULE "J" SOLINA INVESTMENTS LTD., INDUSTRIAL SUBDIVISION LOT 30, CONCESSION 1, DARLINGTON TOWN OF NEWCASTLE ESTIMATE OF CONSTRUCTION COSTS 1. Rough grading, Ditching TOTAL ESTIMATE $ 5,000.00 13,500.00 7,000.00 10,800.00 3,000.00 2,000.00 1,000.00 $ 42,300.00 5,136.00 $ 47,436.00 2. Granular "B" 3000 T @ $ 4.50 3. Granular "A" 1000 T @ $ 7.00 4. Asphalt 600 T @ 18.00 5. Culverts 120' @ 25.00 6. Riprap 7. Seed ditches & misc. Engineering @ 12~ THIS IS SCHEDULE "J" to the Agreement between Solina Investments Limited and the Corporation of the Town of 'Newcastle, dated the 26th day of April, 1978. TS LIMITED, ~ES.' THE CORPORATION OF THE TOWN OF NEWCASTLE Per: \' SCHEDULE tl]\tl , t CASH PORTION OF PERFOillJIANCE GUARANTEE: No cash portion, all Guarantees to be by way of irrevocable Letter of Credit. This is SCHEDULE tlKtI to the Agreement between Salina Investments Limited and The Corporation of the Town of Newcastle, dated the 26th day of April 1978 'STr,lliNTS LIMITED, Per: ~ ~~ES Per: '. SCHEDULE "L" . INSURANCE POLICIES REQUIRED (1) TYPE OF COVERAGE REQUIRED The Owners shall obtain and maintain insurance of the character commonly 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 damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; 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 in- stall any of the Works or any of the Utilities or any part or parts thereof r~~pectively; and (c) any injury to any person or p~rsons including workmen employed on the said lands and the public; and (d) any loss or damage that shall or amy 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 Owners undertaking the development of the said lands together with any or all of the Works and Utilities pertaining thereto. ( 2) _~I:l_~~!!.~_S_._Q_~~. ~._Q~J~]_~_A_~~~__!~t:_Q_~l.Bl~!? The policy or policies of insur~nce shall be issued jointly in the names of the Owners and the Municipality and shall provide the following minimum coverages: (a) $500,000.00 for loss or damage result from bodily injury to, or death or, anyone perSon; and (b)l,OOO,OOO.OO for loss or damage resulting from bodily' injury to, or death of, two or more persons arising Ollt of tlle same accident; and . . . .2 ~ z: ~ ( c) $ :; 0 0 , 000 . 00 f {) r a 11 y () 11 e 0 I' C \I r r (. 11 C e () f pro p (, [ t Y ll.lmagf!. The i s S \I ;J 11 c l~ () [ S \I C h p () 1 ley 0 r pol i c: i (' S 0 fill f; \I r (l nee ~; h a 11 not be construed to relieve th(~ ()WllPrs from responsi.bility for 0 t: her 0 r 1 a q~ ere Lli. m 5 for '" hie hit rn il y h e 11 e 1 d responsible. ( 3) }~ X EM l' T 1 0_ N_ S..Q}'~C 0 vy H.^_0.1~. _ p. R.O III Bf T E T? The p () Ii c Y 0 r P 0 1. i c :i e s 0 fill :~ \I r ;\ nee s h all con t ct j n 11 0 C 0 vcr ;J gee x C 1I1 P l i () 11 S or 1 i ill i t .1 L: () n s for: ( ;]) ;111 y s 11 0 ri 11 g, \I n d (' r pill ni n g, r;1 I :;1 11 g () r d c m 0 1. i t i. 0 11 () f ; I II Y h \I i 1 di 11 g () r sIr \I (' 1 II I" (' ; or ( b) a 11 y P 1. 1 e d r i v i 11 g 0 r C:1 i s S () 11 \~ 0 r k; and ( c) ;1 11 y (' 0 11 ;1 r S cor S tI h ~; i d I ~ 111: c () f ;J n y h ul 1 d i 11 g , s l ( \ let II r e () r 1; 1 11 d r r 0 In ;1 J1 y C;) \J ~; P; () r (d) ;] 11 Y s lor age, 11 ;1 11 d 1i 11 g 0 r \I S C 0 f ex p 1. 0 s i v c s . THIS IS Limited the SCHEDULE "L" to the Agreement between Salina Investmen and The Corporation of the Town of Newcastle, dated 26th day of April , 1978. /A'ES. Till'; CORJ'nRi\IIOtl OF '1'111': 'llJl.JN UF NE'..:CAS'J'U:, SCHEDULE "M" REGULATIONS FOR CONSTRUCTION AND FIRE REQUIREMENTS (1) RE~~~REM~NTS FOR BLASTING The Owners shall, prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. (2) .~EMOVA_!:...-9F TOP SOIL The Owners 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 unless otherwise approved by the Municipality. (3) DUMPING OF FILL OR DEBRIS The Owners agree 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 ~ARB~~~ 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 Owners and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owners agree to deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said lands. ( 5) ..QQA L I T_~D V L~_ N ~~ll...~~_'!} T ~I.~~E_'!!L~} s The Owners agree that the Municipality may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the Owners. ( 6) Ji~LN}'}<~ N A_~_c,:~_L__~_!~Q.?}!l_Q___~~lJ_S_ ~_g}'~._P:~'!_}'~~l3.!l A l~___~~A D ~ The Owners shall, at all times during the life of this Agreement, ensure that all public roads abutting the said lands and all public roads used 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; If damaged, the Owners agree to restore immediately, and at their 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 with- out the prior written approval of the authority having . . . .2 '. - 1': ,'" j u r J s d jet j uno v l' r ~; \J C h P \I b 1 f ~ I 0 il rI . The () w 11 (~ r S iI g r (, l' not t: 0 II S (~ () r () (' (' \I r Y ;1 n y u n t. r ;1 v c. 1 1 (' d po r t i. (1 n 0 fan y p II h 1 i c road ill.1uW:lllCl' witliout. tli(, prior wrJLlcll approvnl of Lhf! .1 II t h () ri t y 11 ;) v j n g .i II r j ,; d ; c: t ; 0 n 0 v (> r S II C h P II b 1 ; ern a ci .1 1. low- ;.1 n c (, . /I (7) MAl NT E NAN C E () F __U'!}J~~N/~}~_.J,-O A_~~s.. ---------_._- ----...---..-- - The o.wners shall, prior to tl\e placement of the final Asphalt on nny road reqllired to be conslrtlcted under this Agreemcl1t, remove any conL.1mination of the hilse course ilnd reralr nnd repl;lce slIch hnse course, \.Jhere n e c c ,; s a r y, t: 0 the ;1 p pro val 0 ( the D ire c tor i nor d e r L h i1 t the construction of such rOild shall not have suffr:red dIll' to any IIse of the base course as .1 t0mporary road. ( 8) _~I~I~_f~_JI0~c;__S2!.:'-_~~j~~J~E_,!,~ Any d l' h ri S 0 r III u d d (' po sit cd 0 n ;1 n y s t r e (~t wit h in the d c v l.' 1 0 pill (' nt, () r 011 ;\ 11 Y ;1 but I j n g s t r e c t sad j 0 j n j n g t li e dcvelopllll>nt, by tr,lrric from the dcv('loplO(~nt during the COil :i t. r II I' Ii l) II 0 f I h C 111 \I n i ci p .1 1 :; (' r v i c p s, ,.; h ;ll 1 her (; III n v c d i In m p d Lll. c 1 y ;, IHI i f t. h e s ;) m e j s n n t r c 1!1 0 V c d l I. e ~j u n j c j p a] i t Y may on one d.::lY's notice to the O\.JnerR, relllove the same, at the Owners' expellse. The O....'ners 'shil11 at all times during the construction of the llIunicipnl services keep the streets ,lnd boulevnrclsin t.he developllll'llt clear nnd fr0.e of .111 materia]s .1nd ohsl.rlll'.tj,'ns \.J11;c11 might intcrfl:re with tllC instal];,tion of (~l('cLrjc, telephone, gas or uthec u Li.1 i I j c s . (9) The owners shall prior to setting any fires on the subject lands obtain permission from the Newcastle Fire Department. This is Schedule "W' to the Agreement between Solina Investment Limited and The Corporation of the Town of Newcastle, dated the 26th day of April 1978. 'STI'lliNTS LD1ITED; Per: /~E S. Per- ..7. SCHEDULE "N" -, .. USE OF SAID LANDS 1.1 Permitted Uses - No person shall use any of the lands, or erect, any building or structure on such lands for any in accordance with the following provisions: alter, or use purpose except '-/( 1) an assembly, bottling, processing, manufacturing or incidential us~, carried out within a wholly enclosed building or structure except abnosious uses, which uses shall include those uses more particularly described as follows: - an arsenal; - asphalt production; - livestock sheds and pens or sLock yards; - cement, lime or sulphate works; - coke manufacturing; - garbage incineration; - commercial garbage disposal operation, including any vehicles or equipment used in such operation, but not including those accessory or incidental to a use permitted in the defined area; - extraction of oil from fish; - manufacturing, refining or processing of hydro cloric acid, nitric acid, picric acid, sulphuric acid or any sulphurous acid; - manufacture or storage of explosives or fire works; wool pulling or wool scouring; - blood boi.ling; - bone boiling; - refining coal oil or petroleum products; - extracting oil or pbtroleum products; -- storing hides; - abattoir or commercial slaughterhouse; - a piggery; - tallow melting; - soap boiling; tri.pe boiling; - tanning hides or skins; - manufacturing gas; - manufacturing glue; - commercial manufacturing of fertilizers from dead animals or from human or animal waste; - a t r a c k for t 11 era c i 11 g 0 f TII 0 tor v e 11 i c 1 e S 0 r mot 0 r cyclc's dC of go carts; .::! " - 2 - ~. . - a junk yard, salvage yard, automobile wrecking yard, or the collection, storage or sale of junk, salvage, partially or completely dismantled motor vehicles or trailers, or parts of motor vehicles or trailers; - locating or storing on any land for any pu~pose whatsoever any disused railroad car, street car body, truck body, or trailei without wheels, whether or not the same is situated on a foundation; - any use is prohbiited which from its nature or the materials used therein is declared under The Public Health Act or any Regulations adopted thereunder to be a noxious trade, business or manufacture; - any other use that fails to comply with the follow- ing standards of performance: Type of Emission Maximum Emission permissable (a) Noise Imperceptible at any point on any lot line (b) Odours( Toxic or Corrosive Gases Nil (c) Vibrat.ion Imperceptible outside the building (d) Glare and Heat Imperceptible outside the building (e) Electromagnetic Imperceptible outside the building (f) Sanitary Sewage To the capacity of the sanitary sewage disposal system approved by The Durham Regional Health Unit and provided that no dis- charge of effluent shall flow out- side the boundary of the lot either above or below ground (g) Water and Fluids Water or fluids of any nature or kind used in any way in any process undertaken upon any lot shall be discharged into a re- ceptacle (l('~;igned for their containment and ih no event shall such water or fluids be discharged freely either above or below <jround upon such lot and no \,'ater o r flu ids ~3 11 all f low 0 u t sid e t 11 e boundary of the lot either above or below ground, except through a municipally installed sewage system. (ii) a warehouse for the storage of goods and material within a wholly enclosed structure( except explosives, fireworks, live animals, hides( tripe, <jarbagc( refuse, human or animal waste( or anything which from its nature is declared under The Public Health Act or any Regulation adopted thereunder to be noxious. . . . .3 _ )' - Jt (iii) a retail store or service shop accessory or incid- (' n tal t 0 a 11 S C per m i t t p din the cl e f .i n r~ d iI rea, r r 0 - v :i d e d S II C h r eta j 1 s t: 0 reo r s e r v ice s 110 P s h all not O('I'IIPY gre;l!r'r Ihnn 70 pc'r cellt of the lot,11 r;ross floor area of the building or structure. 1.2 Lots adjacent to Highway liOl- No person shall use any lot or or structure any part of which line of Highway 401, except in provisions: erect, alter or use any building lies within 500 feet of the centre accordance with the following (a) Ground Floor Area (Minimum) - 10,000 square feet (b) External Design: (i) all plans and specifications for all buildings and siructures shall be designed in accordance with accepted architectural principles, and approved by Council, such approval not to be u n r C ;1 S 0 11 a b 1 y w i L h h e I d . (i i) the exterior of the wall or walls of any build- ing or structure facing Highw3Y 401 and the ad- joining two side walls of such building or structure shall he of hrick, stone, architcctura h lac k, 0 r g 1 ass (' 0 11 :.; t r \I c t: i 0 11, pro v i cl [> d t 11 a t t 11 e [ 0 11 0 win g fa c i!l g 1Il;1 t c ria Ism a y be use d to a III a x- im1lm of ~O pprcpl1t of the total surface area of each wall: - s t :l 'j n 1 f\ ~.; s ~.; t (l t) 1 ; - dccor~tjve gla~cd terra cotta; - c c r ;1 m j c v C' n c (. r ; - precast stone or concrete panels; - aluminum; -- hrunzc; steel \"Llh protc('Live glazed ;]1l;]1llC'1 or pO r eel :1 i 11 f i /1 i :; Ii ; - asbestos siding and/or 1'.'000 fences, doors :1 11 d r ;1 :; cia :; . For C '/ cry h ui 1 d j 11 g 0 r s t: rue L 1I r C t: 0 ]1 C ere c t e d 0 r a 1 t: (~ r C' d U 11 cpa r k i 11 g S P <l C e s h :11 1 h c P ( 0 vi d C 0 .1 11 d TTI ai n t.1 i 11 r' d \J po nth C' S i1 me] 0 t: () n I.: ld c 11 the prineip;]] 11SI~ 'is lO(':lt"cl for ev('ry 500 S<]11are fr'et, or fr..lctil)11 th.'r,'of, (J[ llil~ llll:.ll .1g.:~re:,;:ltc~ f1n,)!" ;\U~I'!, or fractlon t1l('I.('of, of t 11 (~ t: n tal ;] g :.; r "l;;] t (' fIn 0 I~ :1 r e.1 0 f :1 1 1 :; lor C' y S 0 fall b u i 1 din g son a lot, i 11 C 1. u dill g t: h e f 1 0 0 r are a 0 [ ;1 n y has C'Tn e n t b 11 t not any eeL 1 a r o L- S lJ bee 1 1 ;1 r, pro v ide cl t: h;1 t p;] r k i 11 g i 11 L h e f r () 11 t Y il r d a 11 d e x t c r i or side ynrd :;h:l11 be Jj.111tod to one ~;j):ll:C for evr~ry 2,000 ::;quare [,..:t of gross flour :Ire;) of :1ny :;lrllct:llre ()r blJildi11g erc~ctcd on th~ l'Jt, ;lnd no jlt)l.ti,)n or ;111Y p:lrking 1'11. in :Iny fr')111: Y;lrd or ('xterior s i J e ya r d s h :1 11 bee] 0 s C' r t 11 ;j 11 8 f (' C' t tot h e [r 0 11 t lot I i n e 0 r e >: t (~ r i 0 r sid e lot: I i Il e . . . . . /, ~. - q .. 1.5 More restrictive by-l~w to govern - In the event thilt any of the-provisions of any restricted area by - 1 a \. p n sse d by the To \. n i!ll P 0 S e ~ r l';l L err c s L r i c t j 0 n S \J P Ll n L 11 e use of the lands then contained in this Schedule, then such greater restrictions shall govern the use of the lRnds. THIS IS SCHEDULE "N" to the Agreement between Solina Investment Limited and The Corporation of the Town of Newcastle, dated the 26th day 01 April ,1978. SOLINA .~i'rVESTMENTS LIMITED, ,/........ Per'/ /~.t:::-s. T 11 E C 0 I{ P 0 H ^ T ION () I" TilE T 0 \~ N 0 F N E \~ C ^ S T L E , I'I'T: ~ . ~~ c.. -- ~ --... ~ . DATED the day of .8 . .f SOLINA INVESTI:1ENTS LIMITED At"J D THE CORPORATION OF THE TOM1 OF NE~CASTLE AGREEMENT Jones & Jones, Barristers & Solicitors, 130 King St. E. , OSHA ViA, Ontario 1mb f1;:::i '7 ~ ~q{()\ ~t~~~ ~ 1 ',,'