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
',,'