HomeMy WebLinkAbout78-56
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THE CDRroRATION OF THE
TOWN OF NEWCASTLE
By-Law No. 78-56
A By-law to authorize the entering into a
Subdividers Agreement with Claret Investments
and Rexgate Holdings Ltd.
WHEREAS Council has approved the setting out and
construction of a Subdivision.
AND WHEREAS it is a condition of such approval that the
Subdivider enter into a Subdivers Agreement:
NOW THEREFDRE the Council of the Corporation of the Town
of Newcastle hereby ENAcrs AS FDllDWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle, and seal
with the Corporate Seal an Agreement between Claret
Investments and Rexgate Holdings Ltd. and the said
Corporation dated 6 ~ day of 7/..4 <:.- ~! 1978
which is annexed hereto on Schedule "A".
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READ a first, second and third tnne and finally passed this
6th day of July 1978.
~~ ~_L__ /
G. B. Rickard, Mayor .7"
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THIS AGREE'IENT made in quintuplicate this
day of / 1978 . � L
B E T W E E N :
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Municipality"
OF THE FIRST PART
and
CLARET INVESTMENTS LIMITED and
REXGATE HOLDINGS LIMITED ,
hereinafter called the "Owner"
OF THE SECOND PART
and
GLENN HOMER REYNOLDS , FRANCES MARION STACEY
and GLADYS LOUISE WINDLAD,
hereinafter called the "Mortgagee"
OF THE THIRD PART
WITNESSETH THAT:
WHEREAS the lands affected by this Agreement , which are described
in Schedule "A" hereto , are hereinafter called the "Lands" and
constitute 44 . 80 acres ;
AND WHEREAS the Owner warrants that it is the registered owner
of the Lands ;
AND WHEREAS the Owner warrants that the Mortgagee is the only
mortgagee of the Lands ;
AND WHEREAS the Owner warrants that it has applied to the
appropriate Minister of the Government of Ontario ,. hereinafter
called the "Minister" for approval of a plan of subdivision of
the Lands ;
AND WHEREAS to comply with the Minister ' s conditions for such
approval , the Owner has consented to enter into this agreement
with the Municipality;
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AND WHEREAS the Owner warrants that it has entered , or will
enter into an agreement with the Corporation of the Regional
Municipality of Durham, hereinafter called the "Region" to
construct , install and maintain certain public works - for the
Region;
AND WHEREAS the Owner warrants that it has or will enter into
an agreement with the appropriate Public Utilities Commission
or other authority or comp:,.ny having jurisdiction in the area
of the said Laiids for the design and installation of the
utilities referred to in Schedule "H" and hereinafter called
"Utilities" ;
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AND WHEREAS in this Agreement "Owner" includes an individual,
an association, a partnership , or a corporation, and wherever
the singular is used herein, it shall be construed as including
the plural;
AND WHEREAS in this Agreement "Director" means the Director of
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Public Works of the Town of Newcastle, or such duly qualified
Engineer as may be appointed by the Council of the Municipality
to act in his place.
NOW THEREFORE in consideration of the mutual agreements and
covenants and promises herein contained , and other good and
valuable consideration, the parties hereto agree as follows :
CERTIFICATION OF OWNERSHIP
1. The Owner shall, at the time of the execution of this
Agreement , provide the Municipality with a letter signed by an
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Ontario Solicitor and addressed to the Municipality certifying
as to the title of the said Lands and setting out the names of
all persons having an interest in the said lands and the nature
of their interest .
2 . The Owner shall, at the time of the execution of this Agreement ,
provide the Municipality with a letter signed by an Ontario Solicitor
and addressed to the Municipality certifying as to the title to
any land which is to be conveyed to the Municipality or over
which easements are to be granted to the Municipality pursuant
to the terms of this Agreement .
COPY OF PLAN AND AGREEMENTS REQUIRED
3. Subject to paragraph 63 (3) hereof , the Owner shall, at the
time of the execution of this Agreement , provide the Municipality
with as many copies as the Municipality requires of the plan
of subdivision for the said Lands , which plan shall be the plan
prepared for approval by the Minister . The said plan is attached
hereto as Schedule "B" and is hereinafter called the "Plan" .
The Owner shall also furnish to the Municipality at the time
of the execution of this Agreement one copy of the said Plan
containing the stamp of approval of the Regional Municipality
of Durham, and a copy of the subdivision agreement entered into
between the Owner and the Regional Municipality of Durham with
respect to the said Plan if such approval and/or Agreement
is in existence at the time of the execution of this Agreement . If
the approval or agreement with the Regional Municipality of Durham
is not available at the time of the execution of this Agreement ,
the Owner agrees to provide the Municipality with the Plan with
the stamp of approval of the Regional Municipality of Durham
and a copy of the Subdivision Agreement entered into with the
Regional Municipality of Durham, immediately after approval
is granted or the agreement signed . The Owner shall also
furnish to the Municipality at the time of the execution of this
Agreement one copy of each of the agreements entered into
with the Public Utilities Commission or other authority or
company having jurisdiction in the area of the said lands for
the design and installation of the utilities , or , if such
agreement or agreements are not in existence at the time of the
execution of this Agreement , the Owner agrees to provide the
Municipality with a copy of each such agreement immediately
after such agreement . is signed.
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PAYMENT OF TAXES
4 . The Owner shall, at the time of the execution of this
Agreement , pay all Municipal taxes outstanding against the
said lands , as set out in Schedule "C" hereto . The Owner
further agrees to pay any Municipal taxes which may become due
and payable by it, in respect of any of the said Lands , prior
to the sale by the Owner of such lands .
PAYMENT OF LOCAL IMPROVEMENT CHARGES
5 . The Owner shall, at the time of the execution of this
Agreement , pay all charges with respect to existing local
improvements assessed against the said Lands , as set out in
Schedule "C" hereto . Such charges shall include the
Municipality' s share of any local improvements which serve the
said Lands and shall include the commuted value of such
charges including charges falling due after the date of
the execution of this Agreement .
PAYMENT OF DRAINAGE CHARGES
6 . The Owner shall, at the time of the execution of this
Agreement, pay all drainage charges assessed under The Municipal
Drainage Act , 1975 , and The Tile Drainage Act , 1971, against
the said Lands , as set out in Schedule "C" hereto , including
the commuted value of such charges falling due after the
execution of this Agreement .
PAYMENT OF DEVELOPMENT CHARGES
7 . The Owner shall pay all development levies in the
amounts and at the times set out in Schedule "D" hereto . Not-
withstanding the provisions of Schedule "D" as to the times
at which the development charges shall be paid , the Owner shall
prior to the issuance of any building permit in respect of
any lot or block, pay all remaining development charges assessed
against the said lot or block.
DEDICATION OF EASEMENTS
8 . (1) The Owner shall at the time of the execution of this
Agreement, or such later date as may be agreed by the Owner the
Municipality but not later than the registration of the Plan,
deliver to the Municipality executed transfers of easements
free and clear of all encumbrances as set out in Schedule "E"
hereto .
(2) If, subsequent to the registration of the Plan, but
prior to the issuance of a building permit in respect of any
lot or block, further easements are required for utilities or
drainage, or other purposes , in respect of any lot or block
within the Lands , the Owner agrees to transfer to the Municipality
such further easements upon request . The Municipality shall not
unreasonably request such further easements , and in no event
shall a further easement be requested which would prevent the
erection . of a dwelling on any such lot or block.
DEDICATION OF LANDS
9 . The Owner s.hall, at the time of the execution of this Agree-
ment , or such later date as may be agreed by the Owner and the
Municipality but not later than the registration of the Plan,
deliver to the Municipality executed deeds of conveyance ,
sufficient to vest in the municipality or where applicable
in any other public authority or person absolute title in
fee simple, free and clear of all liens ; charges , encumbrances
and easements , the lands set out in Schedule "F" hereto . Such
conveyance shall include the dedication .by the Owner to the
Municipality of the lands required by the terms of The Planning
Act , R . S . O . 1970 , Chapter 349 , as amended , from time to time to
be dedicted for public purposes , other than for highways , unless
the Municipality has agreed to accept cash in lieu of such lands ,
as provided herein .
CASH IN LIEU OF LANDS
10 . The Owner agrees that , if the Municipality agrees to accept
cash in lieu of the dedication by the Owner to the Municipality
of lands for public purposes , other than highways , the amount
of such cash payment shall be as set out in Schedule "F" hereto .
The Owner further agrees to pay to the Municipality any such cash
payment as set out in Schedule "F" hereto , at the time of the
execution of this Agreement .
REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
11 . The aforementioned deeds and grants of easements -shall be
prepared by the Owner and registered at the Owner ' s expense at the
same time as the Plan is registered . In such deeds and grants of
easements the registered number of the Plan shall be left blank
and the Owner hereby authorizes the Municipality to insert such
Plan number after registration of the Plan.
LANDS FOR SCHOOL PURPOSES AND SECONDARY OPTION
12 . (i) The Owner shall , at the time of the execution of this
Agreement, deposit with the Municipality a letter from each and
every School Board having jurisdiction over the sair+ Lands stating
that arrangements satisfactory to each and every School Board have
been made respecting the acquisition of any lands necessary for I
school purposes to serve the said Lands .
(ii) In the event that a School Board which has an option to
acquire any lot or block within the plan and does not exercise its
option, the Owner hereby agrees to notify the Clerk of the Municip-
ality in writing that the School Board has not exercised its option
and the Owner hereby grants to the Municipality an irrevocable option
to acquire such lands upon the same terms and conditions as the School
Board could have acquired the property , except that the Municipality
shall exercise the option hereby granted , in writing , within sixty
(60) days of receipt of notification from the Owner that the Board
has failed to exercise its option and , the purchase of such lands
by the Municipality shall be completed within ninety (90) days of
the exercise of its option .
MUNICIPAL WORKS REQUIRED
13 . The Owner shall be responsible for. the construction and
installation of the services and landscaping more particularly
referred to in Schedule "G" hereto (hereinafter called "the Works") -
Until the issue of a Certificate of Acceptance as hereinafter
provided , the Works shall remain the property of the Owner and
the Owner shall be fully responsible for their maintenance.
After the issuance of a Certificate of Acceptance, the Works
shall vest in and become the responsibility of the Municipality .
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UTILITIES REQULRED �
14 . The Owner shall be responsible for entering into agree-
ments with the appropriate Public Utilities Commission or
other such authority or company having jurisdiction in the
area of the said Lands for the design and installation of the
Utilities as more particularly referred to in Schedule "H" .
OWNER' S ENGINEER
15 . The Owner shall retain a competent Professional Engineer , .
registered by the Association of Professional Engineers of
Ontario and hereinafter called the "Owner ' s Engineer" , to
administer this Agreement , whose duties are set out in Schedule
" I" hereto .
DESIGN OF WORKS
16 . The Owner agrees that the design of all the Works shall
comply with the Design Criteria and Standard Detail Drawings of
the Municipality. In the event of any dispute as to such stand-
ards or in the event of any dispute as to such design requirements
the decision of the Director shall be final .
APPROVAL OF ENGINEERING DRAWINGS
17 . The Owner shall , prior to the issuance of any Authorization
to Commence Works as provided herein , have received the written
approval of the Director for all drawings of all of the Works
hereinafter called the "Engineering Drawings" . If no construct- f
ion of the Works has commenced within two (2) years of the date
of approval of the Engineering Drawings , the Engineering Drawings
shall be resubmitted to the Director for re-approval and further
revision if required by the Director , and no work shall be done
unless in accordance with the said revised and re-approved draw-
ings .
APPROVAL OF GRADING AND DRAINAGE PLAN
18 . The Owner shall , prior to the issuance of any Authorization
to Commence Work as provided herein, have received the written
approval of the Director of a plan ,hereinafter called the
"Grading and Drainage Plan" , and showing thereon all proposed grad-
ing and drainage works for the said Lands . If no construction of
the Works has commenced within two (2) years of the date of approval
of the Grading and Drainage Plan, the Grading and Drainage Plan
shall be resubmitted to the Director for re-approval and revision
if required by the Director and no such work shall be done unless
in accordance with the said revised and re-approved drawings .
APPROVAL OF TREE PRESERVATION PLAN
19 . The Owner shall , prior to the issuance of any Authorization
to Commence Works as provided herein, have received the written
approval of the Director of . a plan of the said Lands , hereinafter
called the "Tree Preservation Plan" and showing thereon-.
(1) the location and- approximate. size of all existing trees
over 12" in circumference at 5 ' above the ground ; and
( 2) the location of all existing trees referred to in sub-
paragraph (1) hereof intended to b-e removed during the
development of the said Lands .
No work shall be done and no such trees removed until the
Tree Preservation Plan is approved and only then , in accordance
with such approved Plan. It is agreed by the Municipality
that nothing in this paragraph shall prevent the Owner from
"removing trees that would otherwise prevent it from carrying
out the Works or from utilizing any lot or block by reason of
its inability to site a dwelling on such lot or block because
of such trees .
STAGING OF WORKS
20 . If the Owner wishes to construct and install the Works
and Utilities in stages , the Owner shall , prior to the issuance
of any Authorization to Commence Work as hereinafter provided ,
prepare for the approval of the Council of the Municipality,
a plan hereinafter called. the "Staging Plan" which divides
the Plan into stages for the construction, installation and
maintenance of the Works and Utilities . The Owner shall not
proceed until such Staging Plan has been approved by Council
of the Municipality , and shall proceed only in accordance with
such approved Plan, except as it may be subsequently amended
with the approval of the Council of the Municipality.
APPROVAL OF SCHEDULE OF WORKS
21 . The Owner shall , prior to the issuance of any Authorization
to Commence Work, as hereinafter provided , receive the written
approval of the Director of a schedule (hereinafter called the
"Schedule of Works") which sets out the timing sequence in
which the Owner proposes to construct and install all of the
Works and Utilities and , where the installation of the Works
and Utilities are to be staged the Owner shall prior to the
Authorization to Commence Work for each such stage receive the
written approval of the Director of a Schedule of Works for
such stage . The Owner shall proceed only in accordance with
the approved schedule , except as it may be subsequently amended
with the approval of the Director .
APPROVAY, OF COST ESTIMATE
22 . The Owner agrees that , prior to the issuance of any
Authorization to Commence Work, as hereinafter provided , the
estimated cost of construction and installation of all of the
Works , hereinafter called the "Works Cost Estimate" shall be
approved by the Director and entered in Schedule "J" hereto .
If the Municipality has approved a Staging Plan for the said
Lands , the Owner further agrees that the estimated cost of
construction and installation of the Works for each stage, here-
inafter called a "Stage Cost Estimate" shall be approved by
the Director and entered in Schedule "J" hereto .
PERFORMANCE GUARANTEE REQUIRED
23 (1) The Owner 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 , guaranteeing the
performance by the Owner of the provisions
of this Agreement . . Such cash or irrevocable
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.
. (2) all documents furnished under this paragraph
shall be approved by' the Treasurer and the
solicitor of the Municipality .
(3) The cash or irrevocable letter as provided
in subparagraph (1) hereof are hereinafter
collectively referred to as a "Performance
Guarantee" .
USE OF PERFORMANCE GUARANTEE
24 . The Owner agrees that the Municipality may at any time,
by resolution of Municipal Council , authorize the use of all
or part of any Performance Guarantee if the Owner fails to
pay any costs payable by the Owner to the Municipality under
this Agreement by the due date of the invoice for such costs .
INDEMNIFICATION OF MUNICIPALITY AND INSURANCE
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25 . The Owner covenants and agrees to indemnify the Municipality I
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 Owner agrees to indemnify the
Municipality with respect to all such claims notwithstanding
the issuance of a Certificate of Release provided . for in this
Agreement . The Owner shall also provide the insurance called
for by Schedule "K" of this Agreement .
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REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS
26 . The Owner shall not commence the construction or install-
ation of any of the Works without the written permission of
the Municipality,hereinafter called an "Authorization to Commence
Works" . The Owner shall only commence those Works permitted by
the Authorization to Commence Works . In addition to any other
requirements contained herein, no Authorization to Commence
Works shall be issued for any of the Works until :
(1) the Plan has received final approval from the Minister ; and
(2) the Plan has been registered ; and
(3) the Owner has delivered copies of the Plans and Agreements
as required by paragraph 3 of this Agreement ; and
(4) the -Owner has paid to the Municipality any outstanding
charges against the said lands require-d by paragraph 7 of this
Agreement ; and
(5) the Owner has' coj�veyed to the Municipality any easements
as required by paragraph 8 of this Agreement , and such ease-
ments have been registered ; and i
(6) the Owner has conveyed to the Municipality any lands and
paid any cash as required by paragraphs 9 and 10 of this
Agreement , and any such conveyance has been registered ; and
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( 7 ) The Owner shall deliver letters from the appropriate
-Public Utilities Commission , or- authority or company having
jurisdiction , stating that satisfactory agreements have been
entered into for the design and installation of the Utilities
as required by paragraph 14 of this Agreement ; and
(8) the Owner has appointed an Engineer as required by para-
graph 15 of this Agreement; and
(9) the Owner has received the written approval of the Director
for the Engineering Drawings as required by paragraph 17 of this
Agreement ; and
(10) The Owner has received the written approval of the Director
of the landscaping required as part of the Works and more partic-
ularly referred to in Schedule "G" ; and
(11) the Owner has received the written approval of the Director
for the Grading and Drainage Plan as required by paragraph 18
of this Agreement ; and
(12) the Owner has received the written approval of the Director
for the Tree Preservation Plan as required by paragraph 19 of
this Agreement ; and
(13) the Owner has received the written approval of the Director t
for the Staging Plan as required by paragraph 20 of this
Agreement ; and
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(14) the Owner has received the written approval of the Director
for the Schedule of Works as required by paragraph 21 of this
Agreement ; and
(15) the Owner has received the written approval of the Director
for the Works Cost Estimate and/or Stage Cost Estimate as
required by paragraph 22 of this Agreement ; and
(16) the Owner has deposited with the Municipality the Performance
Guarantee applying to that stage of the Plan for which the Owner
is seeking such Authorization to Commence Works as required by
paragraph 23 of this Agreement ; and
(17) the Owner has deposited with the Municipality any policies
of insurance as required by paragraph 25 of this Agreement ; and
(18) The Owner has paid all Municipal costs as required by para-
graph 59 of this Agreement as of the date of the issuance of the
Authorization to Commence Works ; and
(19) the Owner has paid all sums due to the Municipality for over-
sizing as required by paragraph 54 (2) of this Agreement .
REQUIREMENTS -FOR AUTHORIZATION. OF SUBSEQUENT STAGES
27 . If the Municipality has approved a Staging Plan for the said
Lands , the Owner shall require an Authorization to Commence Works
for each stage of the Plan . If the Municipality has _issued an
Authorization to Commence Works for one stage of the Plan , in add-
ition to any other requirements contained herein, no Authorization
to Commence Works shall be issued for any subsequent stage of the
Plan until :
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(1 ) the Stage Cost Estimate for such stage has been approved
by the- Director and entered in- Schedule "J" hereto ; and
(2) the Owner has deposited with the Municipality the Performance
Guarantee applying to that stage of the Plan for which the Owner
is seeking such Authorization to Commence Works .
INSPECTION AND STOP WORK
28 . The contract with any contractor employed by the Owner to
construct or install any of the Works shall provide that
employees or agents of the Municipality may , at any time , inspect
the work of such contractor pertaining to the said Lands and the
Director, after consultation with the Owner ' s Engineer , shall have
the power to stop any such work in the event that , in their
opinion, work is being performed in a manner which may result
in a completed installation that would not be satisfactory to
the Municipality .
PROVISIONS F'OR CONSTRUCTION AND INSTALLATION
29 . All of the Works shall be constructed and installed in
accordance with the Engineering Drawings as approved by the
Director. No variation from the Engineering Drawings shall be
permitted unless such variation is authorized in writing by the
Director. All construction on the said Lands shall be carried
out in accordance with the regulations for construction as set
out in Schedule "L" hereto .
SEQUENCE OF CONSTRUCTION AND INSTALLATION
30 . The Owner shall, upon the issuance of an Authorization to
Commence Works , proceed to construct and install all of the
Works continuously and as required by the approved Schedule of 1
Works.
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
31 . The Owner shall , within two (2) years of the date of the
issuance -of an Authorization to Commence Works , complete the - con-
struction and installation of all of the Works authorized in
such Authorization to Commence Works with the exception of the
curbs , sidewalks , final coat of asphalt , final lot grading , drive-
way approaches , sodding and tree planting .
ADDITIONAL FACILITIES OR WORK REQUIRED
32 . 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 Owner shall , until the con-
clusion of the maintenance guarantee period , construct or install
such additional facilities and perform such additional work as
the Municipality may request from time to time.
INCO'_•iPLETE OR FAULTY WORK
33 . If , in the opinion of the Director, the Owner is not pro-
secuting or causing to be prosecuted the Work required by this
Agreement, in such a manner that it will be completed
within the time specified for such completion, or if the said
Work is . being improperly done , or if the Owner neglects or
abandons the said Work , or any part of it , before completion ,
-- o-r unreasonably delays the execution of the same , or if in
any other manner the said Work is not being done properly and
promptly in full compliance with the provisions of this Agreement ,
or in the event that the Owner neglects or refuses to do over
again any Work which may be rejected by the Director. asldefective
or unsuitable , or if the Owner in any other manner in the opinion
of the Director may default in performance under this Agreement ,
then in any such case the Director on the authority of the
Council of the Municipality may notify the Owner and his surety
in writing of such default or neglect and within ten (10) clear days
after the giving of such notice or within such further period of
time as may be specifiied in the notice, the Municipal Council .
shall thereupon have full authority and power immediately at its
option to employ a contractor or such workmen as in the opinion
of the Director shall be required for the proper completion of
such work at the cost and expense of the Owner or his surety ,
or both. In cases of emergency , in the opinion of the Director ,
such work may be done without prior notice , but the Owner shall
forthwith be notified . The cost of such work shall be calculated
by the Director , whose decision shall be final . It is understood
and agreed that the total costs shall include a management fee
of thirty (30%) percent of a contracor ' s charges to the Municipal-
ity (including any charges for overhead and profit) or , if such
work is undertaken by the Municipality, thirty (30%) percent
of all charges incurred to complete the work, it being hereby
declared and agreed that the assuming by the Owner of the obligat-
ions imposed by this clause is one of the considerations without
which the Municipality would not have executed this Agreement .
ENTRY FOR EMERGENCY REPAIRS
34 . The Owner agrees that , at any time and from time to time,
employees or agents of the Municipality may enter the said lands
for the purpose of making emergency repairs to any of the Works .
Such entry and repairing shall not be deemed an acceptance of any
of the Works by the Municipality , nor an assumption by the Munic-
ipality of any liability in connection therewith , nor a release
of the Owner from any of its obligations under this Agreement .
DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
35 . (1) The Owner agrees . to pay the cost of repairing any damages
to any services which without limiting the generality of the fore-
going shall include road , water , electrical , gas , telephone , cable
television or sewer systems , and the cost of relocating any exist-
ing services , caused by the development of the said Lands or any of
the work required by this Agreement , provided all work is to be done
to the satisfaction of the Director and/or authorities responsible
for such services . The Owner further agrees 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 .
(2) The Owner agrees to , if the well or private water supply
of any person outside the Plan is in-terferred with or dewatered
as a result of the. construction or installation of the Works :
(a) where the interference to a well or private water
supply is short term duration (i . e. during the
course of dewatering and excavation and within one
month of the completion of dewatering) make avail-
able to the affected party, a temporary supply of
water at no cost to the affec-ted party; or
(b) where the interference to a well or private water
supply is of a long term duration , at the option
.of the Owner and at his expense connect the affected
party to the Municipal water supply system or provide a new
well or private water system so that water supplied to the
affected party shall be of a quality and quantity at least
-- - equal to -the quality and quantity of water
enjoyed by the affected party prior to the
interference.
USE OF WORKS BY MUNICIPALITY
36 . The Owner agrees that any of the Works may be used by the
Municipality, or other authorized persons , for the purposes for
which the Works are designed . Such use of any of the Works
shall not be deemed an acceptance of any of the Works by the
Municipality nor an assumption by the Municipality of any
liability in connection therewith , nor a release of t-he Owner
from any of his obligations under this Agreement .
USE OF SAID LANDS
37 . The Owner agrees that the said Lands shall not be used for
any purpose other -.than that set out in Schedule "M" hereto
without the prior written consent of the Municipality.
LANDS UNSUITABLE FOR BUILDING
38 . The Owner agrees that the lots and blocks of the Plan
which are set out in Schedule "N" hereto are unsuitable for
building purposes and that no application will be made for a
building permit for the erection of any structure on any such
lot or block until the conditions outlined in Schedule "N"
hereto for such lot or block have been satisfied to the approval
of ;:the Director and/or any other authorities having jurisdiction.
LANDS REQUIRING SITE PLAN
39 . The Owner covenants and agrees that no application for any
building permit in respect of the lots or blocks of the Plan
which are set out in Schedule "0" shall be made until the Owner
has entered into a Site Plan Agreement with the Municipality
respecting the development of such lot and unless the application
for a building permit complies in all respects with the terms of
the said Site Plan Agreement .
REQUIREMENTS FOR BUILDING PERMITS
40 . Neither the execution of this Agreement by the Municipality
nor the approval by the Municipality of the Plan for registration,
nor the issuance by -.the Municipality of any Certificate of Accept-
ance shall be deemed to give any assurance that building permits
when applied for will be issued in respect of any of the said
Lands . The Owner agrees that no application for any 'building
permit in respect of any of the said Lands shall be made until :
(1) all easements for Utilities or drainage,
or other purposes across the lot or block in
respect of which a building permit is pro-
posed to be issued- have been transferred
to the Municipality; and
(2) all the roads which are required to be
- constructed under this Agreement to
provide access to the. proposed building,
have been constructed to at least the com-
pleted granular base .
( 3) all of the Works required to be con-
structed and installed. under such roads
have been constructed and installed to
the approval of the Director ; and
(4) all of the Utilities required to be con-
structed and installed under such roads
have been constructed and installed to
the approval of the authorities having
jurisdiction over such Utilities ; and
(5) the Owner has provided the Director with
a mylar and four copies of a street number-
ing plan satisfactory to the Municipality
and each street number shall permanently
apply to the lot or block shown on the
Plan and shall be provided by the Owner
to all subsequent owners ; and
(6) the balance of all Development Levies
have been paid in respect of the lot or block
in the Plan for which the building permit
is applied for ; and
(7) the Owner has deposited the Occupancy
Penalty fee as required by paragraph 44
of this Agreement ; and
(8) if the application for a building permit is
in respect of any lot or block set out in
Schedule "N" the Owner has fulfilled the
conditions with respect to the lots and
blocks as set out in Schedule "N" as
required by paragraph 38 of this Agreement ;
and
(9) if the application for a building permit
is in respect of any lot or block as set
out in Schedule "0" the Owner has entered
into a Site Plan Agreement with respect to
the lots or blocks as set out in Schedule
"0" as required by paragraph 39 of this
Agreement .
MODEL HOMES
41 . (1) Notwithstanding the provisions of paragraph 40 of this
Agreement , the Owner may apply for building permits for up to
twenty (20) model homes on the lands , provided that such applic-
ation is- in conformity with the requisite by-laws of the
Municipality and The Building Code, 1974 , and provided that all
b'ui: dir.g permit fees , occupancy penalty and appropriate develop-
ment levies as provided for in this Agreement have been paid
or provided .
(2) The -Owner agrees that any model home shall be used for
display purposes. only and shall not be occupied for any reside nt--
ial purpose until such time as the provisions of paragraph 43
of this Agreement have been complied with and if such model home
is occupied for residential purposes contrary to this paragraph
the provisions of paragraph 44 shall apply .
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REQUIREMENTS FOR SALE OF LANDS
42 . The Owner agrees 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) where no building permit has been issued
in respect of any lot or block proposed
to be sold , the Owner has obtained from the
prospective purchaser a covenant that such
purchaser agrees at any time prior to the
issuance of_ a building permit , to provide
the Municipality with any grants of easement
required for utility or drainage purposes
upon the written request of the Municipality;
and
(3) the Owner has obtained from the prospective
purchaser a licence to permit the Owner
and/or Municipality, to enter upon such
lands to perform its obligations under this
Agreement; and
(4) the Owner has inserted in the agreement to
purchase entered into by the prospective
purchaser , notice that the lands are subject
to the covenants and obligations set forth
in this Agreement .
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REQUIREMENTS FOR AUTHORIZATION TO OCCUPY
I
43. Notwithstanding the requirements of any statute regulation
or by-law for the issuance of any permit authorizing the
occupancy of any dwelling or other structure , the Owner shall
not permit any building on the said Lands to be occupied , and
no one shall occupy such building without the written permission
of the Municipality hereinafter called an "Occupancy Permit-" .
In addition to any other requirements contained herein , no
Occupancy Permit shall be issued for any building until :
(1) all of the roadswhich are required to be
constructed under this Agreement , which
will provide access to such building , have
had the application of the base course of
asphalt , to the written approval of the
Director ; and
(2) al.l of the storm sewage system required to
be constructed and installed to service
such building has been constructed and .
installed to the written approval of the
Director , and the building has been connected
thereto ; and
(3) all of the Utilities , save telephone and
cable T.V. required to be constructed and
installed and connected to the building have
been so constructed , installed and connected
to the written approval of the authorities
having jurisdiction over such Utilities ; and
(4 ) the building has been connected to and
is serviced by a water supply and sewage
disposal system to the written approval
of the authority having jurisdiction ;
and
(5) the Owner ' s Engineer has provided the
Director with written confirmation that
the lot or block, where such building is
located , conforms to the Grading and
Drainage Plan , or has received the written
approval of the Director with respect to
any variance to the Grading and Drainage
Plan.
OCCUPANCY PERMIT
44 . Prior to the issuance of the first building permit the
Owner agrees to lodge with the Municipality an irrevocable
letter of credit issued by a chartered Canadian bank in the
amount of $10, 000. 00 to guarantee that occupancy does not
occur in respect of any lot or block before the issuance of
an Occupancy Permit for such lot or block. In the event that
occupancy occurs in respect of any lot or block before the
issuance of an Occupancy Permit contrary to paragraph 43 ,
the sum of $2 , 000 . 00 shall be immediately forfeited to the
Municipality for each such lot or block and upon forfeiture
the Owner shall immediately restore the letter of credit to
the full amount of $10 , 000 . 00 so that the amount of security
deposit on hand with the Municipality is always equal to
$10, 000 . 00 . The letter of credit shall be released to the
Owner at such time as the last unit is ready for occupancy
in accordance with the terms of this Agreement or at such
earlier date as may be mutually agreed in writing by the
parties .
MAINTENANCE OF ROADS AFTER ACCEPTANCE
45 . (1) Notwithstanding any other requirement in this Agreement
to maintain the Works , if any building on the said Lands is
occupied , the Owner shall maintain all of the roads , which
are required to be constructed and which provide access to
such building , until a Certificate of Acceptance has been
issued for such road . The Owner shall :
(a) maintain the roads at all times in a well
drained , dust and mud free condition , fit
for all normal vehicular traffic , to the
approval of the Director ; and
(b) during the course of installation of the
Works and Utilities provide and maintain
safe and adequate access to all occupied
buildings .
(2) The Municipality agrees to snowplow and sand paved
subdivision roadways . Until the roadways are vested in - the
Municipality the Owner shall pay fifty (50%) percent of the
actual cost of snowplowing and sanding such roadways .
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(3) The provision of any work or service by the
Municipality under paragraph 34 or subparagraph ( 2) of this
paragraph , shall not in any way constitute approval or
assumption of the road and the road shall not be deemed
to have been assumed until a Certificate of Acceptance has
been issued .
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
46 . The Owner agrees that the construction and installation
of any of the Works authorized in an Authorization to
Commence Works shall not be deemed to be completed for the
purposes of this Agreement until the Director has provided
the Owner with written confirmation thereof , referred to here-
in as a "Certificate of Completion" . In addition to any
other requrements contained herein, no Certificate of
Completion shall be issued until :
(1) Such of the Works authorized by the
Authorization to Commence Works , for
which a Certificate of Completion is
required , have been inspected by the
Director , and the Municipal Council has
approved the written report of the
Director that such Works have been
constructed and installed in accordance
with the latest version of the Engineering
Drawings approved by the Director ;
and
(2) the Municipality is satisfied that ,
in respect of the construction and
installation of all of the Works auth-
orized by such Authorization to
commence Works , there are no outstanding
claims relating to such Works .
PERIOD OF REQUIRED MAINTENANCE OF WORKS
47 . The Owner shall from the date of the issuance of a
Certificate of Completion maintain all of the Works covered
by such Certificate of Completion for a period of two (2)
years .
AINTENANCE GUARANTEE REQUIRED
48 . In order to guarantee that all defects in the Works ,
which become apparent after the issuance of a Certificate of
Completion for such Works , will be properly repaired or
replaced , the Owner shall , prior to the issuance of the
Certificate of Completion for such Works , lodge with the Mun-
icipality a Maintenance Guarantee in the form of cash or an
irrevocable letter of credit from a chartered Canadian bank,
and in •an amount equal to ten percent (10%) of the estimated
cost of the Works as set out in Schedule "J" hereto . The
form of the Maintenance Guarantee shall be subject to the
approval of the Municipal Solicitor , and the Municipal
Treasurer , and shall guarantee the W.crks for two (2) years
from the date of completion .
USE OF MAINTENANCE GUARANTEE
49 . The Owner agrees that the Municipality may at any time ,
by resolution of Municipal Council , authorize the use of all
or any part of any Maintenance Guarantee if the Owner fails
to pay any costs , payable by the Owner to the Municipality
under this Agreement , by the due date of the invoice for such
costs .
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REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
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50 . The Owner agrees that the Municipality shall not be
obliged to release to the Owner the unused portion of any
Performance Guarantee until :
(1) a Certificate of Completion has been issued
for the Works for which such Performance
Guarantee was required ; and i .
(2) the Owner has deposited with the Municipality
the Maintenance Guarantee applying to those
Works for which such Performance Guarantee
was required ; and
(3) the Municipality is satisfied that in respect
of the construction and installation of the
Works for which such Performance Guarantee
was required , there are no outstanding claims
relating to such Works .
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
51 . The Owner agrees that any of the Works covered by a
Certificate of Completion shall not be accepted , nor deemed to
be accepted , for the purpose of this Agreement , until the
Director has provided the Owner with written confirmation there-
of , referred to herein as a "Certificate of Acceptance" . In
addition to any other requirements contained herein, no Certif-
icate of Acceptance shall be is-sued until all of the Works
covered by such Certificate of Completion -have been inspected 1 =
by the Director and the Municipal Council has approved the
written report of the Director that all such Works have been j .
maintained to the approval of the Director for the period set "
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out in paragraph 45 of this Agreement . I :
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bw E?:S? l Or ZtiORKS. BY MUNICIPALITY
52 . The Owner agrees that , upon the issuance of a Certificate
of Acceptance , the ownership of all of the Works covered by
such Certificate of Acceptance shall vest in the Municipality
and the Owner shall have no right or claim thereto , other
than as an Owner of land abutting a road in which such Works
are installed .
REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
53 . (1) The Owner agrees that the Municipality shall not be '
obliged to release to the Owner the° unused portion of any
Maintenance Guarantee until :
(a) a Certificate of Acceptance has been
issued for the Works for which such
Maintenance Guarantee was required ;
and
E .
(b) the Municipality is satisfied that ,
in respect of the maintenance of all
of the Works for which such Maintenance I
Guarantee was required , there are no
outstanding claims relating to such
Works-.
(2) The Municipality shall release to the Owner the unused
portion of any Maintenance Guarantee upon fulfillment of
Clause (a) and (b) of subparagraph (1) hereof .
REQUIREMENTS FOR CERTIFICATE OF RELEASE l
54 . Upon compliance with subparagraphs (1) , (2) , and (3)
hereof , the Municipality agrees to provide the Owner with a
written release for the said Lands , referred to herein as the
"Certificate of Release" , in a form suitable for registration
or deposit in the applicable Registry or Land Titles Office .
In addition to any of the requirements contained herein, the
Certificate of Release -for such sfage shall not be issued until :
(1) Certificatc-s of Acceptance have been issued
for all of the Works ; and
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(2) a registered Ontario Land Surveyor ,
approved by the Municipality, has provided
the Municipality with written confirmation
that at a date not earlier than the end
of the maintenance period described herein,
he has found or replaced all standard iron
bars as shown on the Plan and survey monu-
ments at all block corners , the end of all
curves , other than corner roundings , and
all points of change in direction of roads
- on the Plan; and i
(3) the Municipal Council has , by resolution ,
declared that the Owner is not in default
of any of the provisions of -this Agreement .
The Certificate of Release shall operate as a discharge of
the land described therein of all obligations of the Owner
under this Agreement with the exception of the Owner' s
responsibility . for drainage as provided herein and the Owner ' s
acceptance of the conditions for applying for municipal
building permits as provided herein.
REOUIR£"i£NTS FOR - OVERSIZED OR EXTERNAL SERVICES
55 . (1) In the event that the Owner is required to install
oversized services (hereinafter called "Oversized Services ")
or services outside the limits of the Plan of Subdivision
(hereinafter called "External Services ") which are more part-
icularly set out in Schedule "P" hereto , the Municipality
agrees that upon a developer of lands outside the Plan of
Subdivision connecting to such Oversized or External Services ,
to pay to the Owner that portion of the cost of the Oversized
or External Services (which is also set out in Schedule "P")
that is equal to the proportion of the excess capacity of such
Oversized or External Services which is estimated to be
utilized by such developer . The excess capacity of such Over
sized or External Services shall be t-he capacity of such
services estimated to be available after the Owner has fully
developed the lands . The portion of such Oversized or
External Services estimated to be utilized by a developer
of lands outside the Plan of Subdivision shall be calculated
by the Director , whose decision shall be final . In determining
z
the cost of the Oversized or External Services there shall be
added annually from the first anniversary of the issuing
of the Certificate of Completion to the costs set out in
Schedule "P" a sum equal to the interest on the amount of the
unpaid balance from time to time of the cost of the Oversized
or External Services calculated from the date of the issuance
of the Certificate of Completion, at the highest prime lending
rate charged during the previous year by the Bank of Montreal
at its main branch in the City of Toronto , plus two percent
(2%) .
(2) In the event that payment is required to be made under
this paragraph by the Municipality before the issuance of a
Certificate of Completion , no interest shall be added to the
cost of Oversized or External Services .
(3) In the event that payment is required to be made under
this paragraph by the Municipality before the first anniversary
of the issuance of the Certificate of Completion, interest shall
be calculated at the highest prime rate charged by such bank,
Plus two percent (2%) from the date of the issuance of the
Certificate of Completion to the date of payment . Interest shall
be calculated on a per diem basis to the date of payment .
CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY
56 . The Owner hereby agrees to carry out or cause to be carried
out to the satisfaction of the Central Lake Ontario Conservation
Authority , all matters more particuarly set forth in Schedule
hereto .
RESPONSIBILITY FOR DRAINAGE
57 . Even after the issuance of the Certificate of Release the
registered owner of each lot or block on the Plan shall have
the sole responsibility for providing and maintaining adequate
drainage of surface waters from such lot or block.
, INTEREST IN SAID LANDS
58. The Owner hereby charges all its interest in the
said Lands with the obligations set out in this Agreement .
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PAYMEAN T OF MUNLCIPAL COSTS
59 . (1) Every provision of this Agreement by which the
Owner is obliged in any way shall be deemed to include the
words "at the expense of the Owner" unless the context
otherwise requires .
(2) The Owner upon the execution of this Agreement
shall reimburse the Municipality for all reasonable legal ,
planning,engineering and other technical advice and
assistance actually incurred by the Municipality in connection
with the preparation for and attendances at the Ontario
Municipal Board hearings for the draft approval of Subdivisions
18T-76027 and 18T-76048 and approvah of the Municipality ' s
By-laws 77-12 and 77-13 .
(3) The Owner shall reimburse the Municipality for
all reasonable legal expenses actually incurred for the pre-
paration , registration of this Agreement , and the legal
services contemplated by the terms of this Agreement , which
shall include review of performance guarantee and the prepar-
ation of any release .
(4) The Owner shall have the right to inspect , upon
reasonable notice, during regular business hours , such accounts,
invoices , time records and other documents and calculations
of charges for which the Town is seeking reimbursement .
(5) The Owner shall pay to the Municipality for all
engineering and inspection costs in accordance with the pro-
visions of Schedule "R" hereto .
UNPAID CHARGES
60 . The due dates of any sum of money payable herein, unless
a shorter time is specified , shall be thirty (30) days after
the date of the invoice . Interest at one (1%) percent per
month shall be payable by the Owner 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 OWNER
61 . If any notice is required to be given by the Municipality
to the Owner in respect of this Agreement , such notice shall
be mailed or delivered to :
Courtice Heights Developments ,
c/o A. Starkman , Esq . ,
Suite 506 ,
1300 Yonge Street ,
Toronto , Ontario
M4T 1X3
or such address as the Owner has notified the Municipality,
in writing, and any such notice mailed or delivered shall be
deemed good and sufficient notice under the terms of this
Agreement.
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REGISTRA-T.ION .OF AGREEMENT
62 . The Owner and Mortgagee hereby consent to the registration
of this Agreement by the Municipality and covenant and agree
not to register or permit the registration of any document
after registration of the plan of subdivision on any land in
cluded in the said Plan unless this subdivision 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.
RENEGOTIATION AND AMENDMENT OF AGREEMENT
63 . (1) The Owner agrees that the Municipality may at its
option in the circumstances set out bel-ow on thirty (30) days
written otice to the Owner , declare this Agreement to be
subject to renegotiation, whereupon the Owner agrees not to
undertake any construction or installation of any of the Works
until this Agreement has been renegotiated . This Agreement
may be subject to renegotiation if :
(i) the Minister approves a Plan of Subdivision for the said
lands which is substantially different from the Plan attached
hereto as Schedule "B" or
(ii) The Plan of Subdivision is not finally approved by the
Minister and registered within eighteen (18) months of the
date of the execution of this Agreement ; or
(iii) the agreement between the Owner and the Regional Municipality
of Durham has not been executed at the time of the execution
of this Agreement , or such agreement has been executed
and is subsequently amended, and the provisions of such
agreement affect materially the location or sizing of any
of the Works to be supplied and installed under the terms
of this Agreement ; or
(iv) no construction or installation of any of the Works has com-
menced within two (2) years from the date of registration
of the plan ,
and failing agreement , this Agreement shall be null and void .
(2) The parties may from time to time by mutual agreement
amend the terms of this Agreement and any of the Schedules but
an amendment shall only be effective if in writing and executed
under the seals and hands of the proper officers of each party.
(3) The parties hereto acknowledge that at the time of the
execution of this agreement , only a red lined copy of the plan
of subdivision is in existence and all descriptions in this
Agreement and the Schedules annexed hereto refer to the descriptions
in the red lined plan annexed hereto as Schedule "B" . Upon the
final plan of subdivision being approved by the Minister of Housing
the final plan shall be substituted for the red lined plan
annexed as Schedule "B" and all amendments necessary or requisite
shall be made to conform with the descriptions used in this Agreement
and the Schedules , (and without limiting the generality of the
foregoing, in particular Schedules
and "Q") with the final plan of subdivision .
MUNICIPALITY TO ACT PROMPTLY
64 . Wherever the Municipality , or the Solicitor, or the Treasurer
for the Municipality, or the Director, is required to take action
pursuant to this Agreement , or is required t.o make a decision or I
render an opinion, or give confirmation or give authorization,
f
permission or approval, then such action, decision, confirmation,
authorization, permission or approval shall be made promptly and
in all respects the Municipality and its officers , servants or -
agents shall act reasonably.
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ASSIGNMENT OF- AGREEMENT
65 . The Owner shall not assign this Agreement without prior
written consent of the Municipality and no such assignment
shall relieve the Owner of any of his obligations under
this Agreement .
SCHEDULES TO AGREEMENT
66 . 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" - "Plan of Subdivision for final
approval"
Schedule "C" - "Charges against said lands"
Schedule "D" - "Development charges"
Schedule "E" - "Grants of easements to be
dedicated"
Schedule "F" - "Lands and/or cash to be dedicated"
Schedule "G" - "Works required"
Schedule "H" - "Utilities required"
Schedule " I" - "Duties of Owner ' s Engineer"
Schedule "J" - "Cost Estimates :
Schedule "K" - "Insurance policies required"
Schedule "L" - "Regulations for construction"
Schedule "M"• - "Use of said lands"
Schedule "N" - "Lands unsuitable for building"
Schedule "0" - "Lands requiring site plan"
Schedule "P" - "Oversized and/or External Services"
Schedule "Q" - "Central - Lake- Ontario Conservation
Authority ' s Works"
Schedule "R" - "Administration Fees'
67 . The Mortgagee does hereby postpone his mortgage to this
Agreement with the intent that this Agreement shall . take effect-
as though dated , executed and registered prior to the mortgage
and the Mortgagee covenants and agrees that in the event that
he obtains ownership of the said lands by foreclosure or other-
wise, he shall not use or develop the said lands except. in
conformity with the provisions of this Agreement .
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SUCCESSORS
68 . This Agreement shall enure to the benefit of and be bind-
ing upon all of the parties hereto , its , his or her
respective heirs , successors , administrators , successors or
assigns .
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals the day and year first above written and the
parties hereto have hereunto affixed their corporate seals by
the hands of their proper officers duly authorized in that
behalf.
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of ) Per :
Mayo
/ e r k
) CLARET INVESTMENTS LIMITED,
)Per :
)REXGATE HOLDINGS LIMITED,
) Per : e
m
)
)
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
SCrEDULE "A"
-LE-GAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract of land and premises ,
situate lying and being in the Town of Newcastle , in the Regional
Municipality of Durham, formerly in the County of Durham, being
composed of part of Lot 31 , Concession 3 of the Geographic Township
of Darlington, the boundaries of said parcel are described as
follows :
PREMISING that the bearings mentioned hereafter are astronomic and
are referred to the North 18 degrees 37 minutes West of the East
limit of said Lot 31 , Concession 3 , for the said Town of Newcastle ;
COMMENCING at a point in the East limit of said Lot 31 , distant
395 . 50 feet measured north 18 degrees 37 minutes West therein from
the South East angle thereof ;
THENCE NORTH 18 degrees 37 minutes West along the said East limit
of said Lot 31 , a distance of 1 , 316 . 37 feet to a point ;
THENCE SOUTH 72 degrees 28 minutes West a distance of 1 , 321 . 40
feet to a point in the West limit of said Lot 31 ;
THENCE SOUTH 18 degrees 37 minutes East along a fence marking the
existing limit between Lots 31 and 32 , a distance of 1 , 326 . 00 feet
to a point ;
THENCE NORTH 72 degrees 40 minutes East a distance of 170. 00 feet
to a point ;
THENCE SOUTH 18 degrees 58 minutes East a distance of 145 . 50 feet
to a point ;
THENCE NORTH 72 degrees 40 minutes East a distance of 76 . 77 feet
to a point ;
THENCE SOUTH 18 degrees 37 minutes East a distance of 235. 75 feet
to a point in the South limit of said Lot 31 ;
THENCE NORTH 72 degrees 40 minutes East along the said south limit
a distance of 80 . 00 feet to a point ;
THENCE NORTH 18 degrees 37 minutes West a distance of 200 . 00 feet
to a point ;
THENCE NORTH 72 degrees 40 minutes East a distance of 80 . 00 feet
to a point ;
THENCE SOUTH 18 degrees 37 minutes East a distance of 200 . 00 feet
to a point in the south limit of said Lot 31 ;
THENCE NORTH 72 degrees 40 minutes East along the said south limit
a distance of 265 . 12 feet to a point ;
THENCE NORTH 17 degrees 20 minutes West a distance of 235 . 75 feet
to a point ;
THENCE NORTH 72 degrees 40 minutes East a distance of 65. 00 feet
to a point ;
THENCE SOUTH 17 degrees 20 minutes East a distance of 235 . 75 feet
to a point in the south limit of said Lot 31 ;
THENCE NORTH 72 degrees 40 minutes East along said south limit a
distance of 82 ..00 feet to a point ;
THENCE NORTH 16 degrees 38 minutes West a distance of 204 . 72 feet
to a point ;
THENCE NORTH 18 degrees 54 minutes West a distance of 177 . 00 feet
to a point ;
THENCE NORTH -71 degrees 04 minutes East a distance of 495 . 50 feet
to the point of commencement .
THE ABOVE DSCRIB-ED PARCEL OF LAND contains by admeasurement an
area of 44 . 80 acres more or less.
THIS SCHEDULE is Schedule "A" to the Agreement which has been
authorized and approved by By—law No ..��/ �'6,(Df the Corporation
of the Town of Newcastle , enacted and passed the 6--(z day of
19 7'9
SIGNED, SEALED 6 DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of )
Mayor
Clerk
) CLARET INVESTMENTS LIMITED,
)Per :
)
)REXGATE 'HOLDINGS LIMITED,
) Per :
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
CHARGES AGAINST SAID LANDS
(1) MUNICIPAL TAXES
NIL
(2) LOCAL IMPROVEMENT CHARGES
NIL
(3) DRAINAGE CHARGES
NIL
THIS SCHEDULE is Schedule "C" to the Agreement which has been
authorized and approved by By—law No .' � of the Corporation
of the Town of Newcastle, enacted and passed the 11, day of
"I 197g' .
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of )Per :
~ Ma or
Ir
✓ —�
Clerk
) CLARET I �� VESTMENTS LIMITED,
)Per :
)REXGATE •HOLDINGS LIMITED,
) Per :
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise k'indlad
SCHEDULE "-D"
DEVELOPMENT CHARGES
The Owner shall pay to the municipality development charges
of $ 438 , 000 . 00(calculated at the rate of $1 , 500 . 00 for each
dwelling unit) which shall be paid as follows :
25% of the aforesaid sum forthwith -upon the
date of final approval by 'the Minister of Housing;
15% of the aforesaid sum at the date of
the issuance of the building permit for
the first dwelling unit.
15% of the aforesaid sum on the first
anniversary of the issuance of the build
ing permit for the first dwelling unit , or
upon the issuance of the building permit
for 117th dwelling unit whichever date is
the sooner .
- 15% of the aforesaid sum on the second
anniversary of the issuance of the build-
ing permit for the first dwelling unit or
upon the issuance of the building permit
for the 161st dwelling unit whichever date
is the sooner.
15% of the aforesaid sum on the third
anniversary of the issuance of the build-
ing permit for the first dwelling unit or
upon the issuance of the building permit
for the 205th dwelling unit whichever date
is the sooner .
the remainder of the aforesaid sum on the
fourth anniversary of the issuance of the
building permit for the first dwelling unit
or upon the issuance of the building permit
for the 249th dwelling unit whichever date
is the sooner .
For the purposes of this Schedule and the Agreement, Development
Levies actually paid to the 2•iun.icipality shall be applied in the
first instance on a pro-rata basis against all lots or blocks
within the Plan upon which 'it is contemplated by this Agreement
that residences shall be built but , upon the issuance of the
first building permit and thereafter , the Development Levies shall
be first applied in full satisfaction of the Development Levies
owing on the lots or blocks in respect of which the building
permits have been issued and the balance of any Development Levies
actually paid to the ?•j'unicipality (if any) shall be applied on a
pro-rata basis against all lots or blocks within the Plan upon
which it is contemplated by this Agreement that residences shall
be built but for which no building permit has been issued .
(Page l of 2.)
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For the pur-poses -o.f this Schedule and the Agreement, the number
of building perm-its issued shall be the aggregate of all build -
ing permits issued with respect to any lot or block within the
Plan whether issued to the Owner or any other person .
THIS IS SCHEDULE "D" to the Agreement which has been authorized
and approved by By-law No . ,,-7 J L, of the Corporation of the
Town of Newcastle , enacted and passed on the day of
1978
SIGNED, SEALED & DELIVERED ) THEN CORPORATION OF THE TOWN OF
NEWCASTL
In the presence of )
Per :
Mayor
� G
Clerk
) CLARE , INVESTMENTS LIMITED,
)Per :
)RE}GATE HOLDINGS LIMITED,
) Per • � t A4�rt .w -
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Z.'indlad
SCHEDULE "E"
GRANTS OF EASEMENT TO BE DEDICATED
The Owner shall deliver 'Co the Municipality in a form satisfactory
to the Municipality the following easement-s :
(a) temporary 60 ' radius turning circles at;
(i) westerly terminus of Devondale Street
(ii) westerly terminus of Alderbrook Drive
(ii 1 ) c,c-.jst(,rTy of A-1clorbrook Drive
(iv) southerly tcrminus of Abbeywood Ci-_-osccrit
TI-11S SC1TI,'DUJ_'_D,1,- is Schedule to the agreement whicl� has been
authorizcd and approvo(d by -,3y--I-,i.w No ,-7 � ',of the Corporation of
'/ b
the aik-id passed day of
Towr) of Newcasi-je, enacl-.0,6
-1-974-
THE, CORPORATIDN OF THE TOWN OF NEWCASTLE
(SEAL)
OWNER:
-S IL-
T-
(SEAL)
MORTGAGEE:
(SEAL)
(Page 1 of 1)
SCHEDULE "F"
LANDS AND/OR CASH TO BE DEDICATED
(1) DEDICATION OF LANDS
The owner shall deliver to the Municipality in a form satis-
factory to the Municipality deeds to the following land:
(a) Block A for park purposes
(b) Blocks B and C for open space purposes
(c) Blocks TT,J,M,N,O&P for road widenings
(d) Blocks G, I,K,L,Q,-iZ&S l' reserves
AND/OR
(2) CASH IN LIEU OF LANDS
The Owner shall pay to the Municipality, in lieu of the
dedication by the Owner to the Municipality of lands in the
amount of five percent (50) of the said lands, cash in the
amount of '($
THIS SCH.'I'DULE is Schedule "F" to the agree ent which has been
authoriz,-ad and approved by By-law No. of the Corporation of
the Town of Newcastle , enacted and passed the day of
_L97
THE CORPORATION OF THE TOWN OF NEWCASTLE
OWNER:
(SEAL)
MORTGAGEE :
(SEAL)
(Page 1 of 1)
SCHEDULE "G"
1 . STORM SEWER SYSTEM
The owner shall construct , install, supervise and maintain
a complete storm drainage system, for the removal of upstream
storm water and storm water originating within the said lands,
including storm sewer mains , manholes , service connections ,
catchbasins and leads , open channels , storm outfalls and any
other appurtenances as may be required in accordance with the
Town of Newcastle' s Design Criteria and Standard Drawings .
The Owner agrees to produce Engineering Drawings for the storm
drainage system, to the satisfaction of the Director of Public
Works .
The Owners shall use their best efforts to obtain easements ,
external to the said lands , at no expense to the Municipality,
for the disposal of storm water from the said lands .
2 . ROADWAYS
The Owner shall construct and install the following services on
the various streets , shown on the Plan as follows :
(a) DEVONDALE STREET 32-ft . pavement width
GOLDPINE STREET 32-ft . pavement width
all other streets 28-ft . pavement width
(b) the grading and paving of all streets , including the
installation of a Granular "A" and Granular "B" material
in order to provide a proper base for paving , and as per
the Town of Newcastle' s Standard Drawings .
(c) the Owner shall construct install , complete sidewalks
in accordance with the Town ' s Design Criteria and Standard
Drawings and Engineering`Drawings approved by the Director of
Public Works , on the following streets :-
i) MOSSGROVE COURT north side
ii) ALDERBROOK COURT
(east of Goldpine) north side
iii) FIRWOOD AVENUE both sides
iv) BROADLANDS CRESCENT outside of crescent
v) LONGWOOD COURT east side
vi) ABBEYWOOD CRESCENT Inside of crescent
vii) DEVONDALE STREET both sides
viii) GOLDPINE AVENUE both sides
ix) ALDERBROOK DRIVE
(west of Goldpine) both sides
(d) The Owner shall construct curbs and gutters on both
sides of all streets , as per the Town of Newcastle' s Design Criteria
and Standard Drawings .
(e) The Owner agrees to the grading and paving of all driveways
between the curbs and sidewalks , in accordance with the Town of Newcastle ' s
Design Criteria and Standard Drl ;aings . In areas where there are no side-
walks ; driveways will be paved to the property line.
(f) 'Tbe, Owner agrees to construct , install and maintain
Street Lighting, in accordance with the Town' s specifications, on
all streets and walkways, to the satisfaction of the Director of
Public Works .
(g) The Owner agrees to the topsoiling and sodding of the
boulevards between the curbs and the property -line, as according
to the Town of Newcastle '_s Design Criteria and the satisfaction of
the Director of Public Works .
(h) Traffic signs and permanent street-name signs , provided
and erected to the satisfaction of the Director of Public Works and
as per the Town' s Design Criteria and Standard Drawings .
SCHEDULE "G"
ROADWAYS , continued
(i) The Owner shall provide, plant and maintain under the
supervision of a qualified horticulturist or nurseryman (and
guarantee for one year from the date of planting) one tree on each
lot , as per the Landscaping Plan approved by the Director of Public
Works . The trees to be as follows :
CRIMSON KING MAPLE and NORWAY MAPLE
6 ft . to 8 ft . in height , one-inch caliper, staked
and bagged if necessary.
3. PEDESTRIAN WALKWAYS :
The Owner shall construct , install and maintain complete pedestrian
walkways, including all appurtenant fencing and lighting, in accordance
with the Town' s Design Criteria and Standard Drawings and Engineering
Drawings as approved by the Director of Public Works .
4 . TEMPORARY TURNING CIRCLE:
The Owner shall provide and grant to the Town any temporary- easements
as required by the Town' s Standard Drawings , and construct and maintain
such turning circles to the satisfaction of the Director of Public Works .
5 . CONSERVATION WORKS :
In addition to the work required by the Schedule Q. The Owner
shall construct, install and maintain certain conservation works
within the Plan, such as retaining walls , drainage channels and
watercourse channelization works , including all appurtenant fences
and all other apparatus , in accordance with the Engineering Drawings
as approved by the Director of Public Works , on the following lands
to be dedicated to the Municipality:
. . . drainage channel across Blocks A,B , and C
6 . FENCING
The Owner agrees to provide , erect and maintain fencing , as per the
Town' s Design Criteria and Standard Drawings and as per the Engineering
Drawings approved by the Director of Public Works , on the following
locations (all fencing to be four feet in height) : -
(a) Blocks "G" and "I"
(b) Along the rear and/or flankage of S69 to 73 (inclusive) ,
S38 to 44 (inclusive) , S47 to 55 (inclusive) .
(c) Along the rear and/or flankage of all Lots backing
onto open space areas .
7 . LOT GRADING:
The Owner_ agrees to rough-grade all blocks and parks , to the
satisfaction of the Director of Public Works , and as according to the
Tree Preservation and Lot Gradir_' Plan.-
8 . EXTERNAL WORKS:
The Owner agrees to pay one-half the cost of the reconstruction
of those portions of Trull' s Road abutting his lands . The reconstruction
program will include:
I
I
SCHEDULE "G"
--EXTERNAL WORKS , continued
i) storm sewer system and all appurtenances
ii) installation of Granular "A" and "B" paving to be
32 ft . wide
iii) curb and gutter and sidewalks
iv) sodding of boulevards .
v) paving of driveway approaches
vi) street lighting
vii) any regional works required .
All work to be completed to the Town of Newcastle ' s
Design Criteria and Standard Drawings , and as per the Engineering
Drawings approved by the Director of Public Works .
(b) The Owner agrees to supply and erect trees (CRIMSON KING
MAPLE or MOUNTAIN ASH) , one-inch caliper, staked and bagged if necessary
and guaranteed for one year, as follows :
. . along the easterly limit of the Plan
of Subdivision (Blocks "I" and "G") .
THIS SCHEDULE is Schedule "G" to the Agreement which has been
authorized and approved by By-law No -73 -)'�- of the Corporation of
the Town of Newcastle, enacted and passed on the day of
197K
SIGNED , SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of ) Per • ,
Mayor
Clerk
CLARET I ESTMENTS LIMITED ,
Per:
REXGATE HOLDINGS LIMITED,
Per:
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
SCHEDULE "H"
UTILITIES REQUIRED
(1) ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the Orono Public Utilities
Commission , Newcastle Public Utilities Commission,
Bowmanville Public Utilities Commission and/or Ontario
Hydro Electric Power Commission, for the design , provision
and installation of an electrical supply system to serve
the lands , in the locations as approved by the Director .
All electrical services are to be installed underground .
The Owner shall also make any necessary arrangements
with any T.V. Cable Company in order that the installation
of any such system shall take place so far as possible
contemporaneously with the installation of other services
so as to cause minimum disruption of municipal services .
(2) STREET LIGHTING SYSTEM
The Owner shall arrange with the Orono Public Utilities
Commission, Newcastle Public Utilities Commission,
Bowmanville Public Utilities Commission and/or Ontario
Hydro Electric Power Commission for the design, provision
and installation of a complete street lighting system to
serve the said Lands on behalf of the Municipality in whose
ownership the system shall vest upon completion including
all appurtenant apparatus and equipment , in the locations
as approved by the Director . The Owner shall furnish
written evidence satisfactory to the Director that such
arrangements have been made prior to the issuance of any
Authorization to Commence Works .
(3) TELEPHONE SYSTEM
The Owner shall arrange with the Community Telephone Limited
and/or Bell Canada for the design, provision and installation
of a telephone system to serve the said Lands , as approved
by the Director . All telephone services are to be installed
underground .
(4) GAS SUPPLY SYSTEM
The Owner shall arrange with Consumer ' s Gas Company Limited
for the design, provision and installation of a complete
C, supply system to serve the said Lands , including gas
mains , and all appurtenant manholes , laterals , service
connections , apparatus and equipment in the locations as
approved by the Director .
(5) CABLE TELEVISION
The Owner shall arrange with- the Cable Television Company
having authority to provide its services within the area of
the Plan of . Subdivision for .the design, provision and
installation .of a complete cable television distribution
system to serve the said Lands . All cable television services-
are to be installed underground.
THIS SCHEDULE is Schedule "H" to the Agreement which has
t
been authorized and approved by By-law No .V of the
Corporation of the Town of Newcastle , enacted and passed the
day of 197 `
SIGNED , SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of )Per :
Ma or
f
f/ 7
/// lerk
) CLARET INVESTMENTS LIMITED,
)Per :
)REXGATE 'HOLDINGS LIMITED,
) Per
Glenn Homer Reynolds
t
Frances Marion Stacey
Gladys Louise Windlad
I�
" I
DUTIES OF OWNER ' S ENGINEERS
- (1 ) DESIGN WORKS AND PRIVATE WORKS
The Owner ' s Engineers shall design all the Works .
PREPARE DRAWINGS , PLANS AND DOCUMENTS
The Owner ' s Engineers shall prepare the following for the
approval of the Director :
(a) the Engineering Drawings ;
(b) the Grading and Drainage Plan;
(c) the Landscaping Plan;
(d) the Schedule of Work;
(e) the Staging Plan;
(f) the Works Cost Estimate ; and
(g) the Stage Cost Estimate .
The approval of the Director shall not absolve the Owner or
the Owner ' s Engineer of the responsibility for any errors
or omissions in the above drawings , Plans or documents .
(2) REPRESENT OWNER AND OBTAIN APPROVALS
The Owner ' s Engineer shall act as the Owner ' s representative
in all matters pertaining to the construction and installation
of the Works and shall co-operate with -the Municipality to
obtain the necessary approvals for construction and install-
ation.
(3) PROVIDE RESIDENT SUPERVISION
The Owner ' s Engineer shall provide fully qualified supervisory
layout and inspection staff to provide continuous service
during all phases of the construction and installation of the
Works and the Private Works and to perform the following:
(a) provide field layout including the provision of line
and grade to the 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
(d) provide co-ordination and scheduling of the construction
and installation in accordance with the timing provision
contained herein and the requirements of the Director ; and
(e) investigate and report to ..the.- Director any unusual
circumstances which may arise during the construction
and installation; and
(f) obtain field information, during and upon completion of
the -construction and installation, required to modify the
Engineering Drawings to produce -the As-constructed drawings .
(4) MAINTAIN RECORDS
The Owner ' s Engineer shall maintain all records pertaining to
the construction and installation .
(S) PROVIDE PROGRESS REPORTS
The Owner ' s Engineer shall provide the Director with reports
on the progress of the construction and installation on a
Mon-t.nl} .bas-is-, or at such other interval as approved by the
Di--rector
(6) PREPARE AS—CONSTRUCTED DRAWINGS
The Owner ' s Engineer shall prepare the As—constructed Draw-
ings for the approval of the Director .
THIS SCHEDULE is Schedule "I" to the Agreement which has been
authorized and approved by By—law No . X' ?'of the Corporation
of the Town of Newcastle , enacted and passed on the {c
day of 197
SIGNED, SEALED & DELIVERED ) THE 'CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of )Pe
Mayon
lerk
) CLARET I ESTMENTS LIMITED,
)Per :
) v
)
)REXGATE 'HOLDINGS LIMITED,
) Per :
)
Glenn Homer Reynolds
Frances Marion Stacey
i
Gladys Louise Windlad
I
SCHEDULE "J"
ESTIMATED COST OF WORKS :
STORM SEWERS (including pipes , manholes , catchbasins and
connections , headwalls and appurtenances 503 , 750 . 00
INTERNAL ROADS (including fine grading , Granular bases ,
asphalting, curbs and gutters , sodding
and boulevards) 542 , 500 . 00
ROUGH GRADING 50 , 000. 00
CONCRETE SIDEWALKS 55 ,200 . 00
CHAIN LINK FENCE 45 , 500 . 00
UNDERGROUND HYDRO DISTRIBUTION SYSTEM 267 , 375 . 00
ENGINEERING & CONTINGENCIES 219 , 650 . 00
TOTAL ESTIMATED COST OF SERVICES 1-, 683, 974 . 00
Therefore, the Performance Guarantee has been based on Preliminary
Estimates only and, when the final Engineering Drawings have been
approved by the Director of Public Works , a revised Cost Estimate
of the Works , Underground Hydro , Engineering and Contingencies shall
be prepared by the Owner' s Engineer and submitted to the Director of
Public Works for his approval . This revised Cost Estimate shall be
used as a basis to adjust the Performance Guarantee if the Estimate
increases or decreases .
THIS Schedule is Schedule "J" to the Agreement , which has been authorized
and approved by By-Law No . ` s of THE CORPORATION OF THE TOWN
OF NEWCASTLE, enacted and passed this &-tz- day of
197 .
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of ) Per::
Mayor
Clerk
CLARET NVESTMENTS LIMITED,
Per :
REXGATE HOLDINGS LIMITED ,
Per :
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
I
SURANCE POLICIES REQUIRED
( 1) TTPES OF COVERAGE REQUIRED
The Owner 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 damages for :
(a) any loss or damage that shall or may happen to any
of the Works or any of the Utilities or to any part
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 install any of the Works
or any of the Utilities or any part or parts thereof
respectively; and
(c) any injury to any person or persons including work-
men employed on the said Lands and the public ; and
(d) any loss or damage that shall or may result from the
storage , use or handling of explosives ; and
(e) any loss or damage that shall or may result from the
drainage of surface waters on or from the said Lands ;
and
(f) any loss or damage that shall or may. result from the
disposal of effluent from any sewage disposal works ;
and
(g) any loss or damage that shall or may happen to any
public road or to any other property of the Municipality
or to the property of any other person either directly
or indirectly by reason of the Owner undertaking the
development of the said Lands together with any or all
of the Works and Utilities pertaining thereto ;
(2) AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly
in the names of the Owner and the Municipality and shall
provide the following minimum coverages :
(a) $500 , 000 . 00 for loss or damage resulting from b-odily
injury to , or death of , any one person ; and
(b) $1 , 000, 000 . 00 for loss or damage resulting from
bodily injury to , or death of , two or more persons
arising out of the same accident ; and
(c) $500, 000 . 00 for any one occurrence of property damage.
The issuance of such policy or policies of -insurance
shall not be construed to relieve the Owner from
responsibility for other or larger claims for which
it may be held responsible.
(3) E?EMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no cover-
age exemptions or limitations for :
(a) any shoring , underpinning , raising or demolition of any
building or structure ; or
(b) any pile driving or caisson work ; or
(c ) any collapse or subsidence of any building ,
structure or land from any cause; or
(d) any storage, handling or use-. of explosives .
THIS SCHEDULE is Schedule "K" to th`e Agre�e�ent which has been
authorized and approved by By-law No.�? of the Corporation
of the Town of Newcastle, enacted and passed this , ��
day of 197g .
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE
In the presence of )Per :
ay or
Clerk
) CLAR1 INVESTMENTS LIMITED ,
)Per :
)REhGATE 'HOLDINGS LIMITED,
)Per :
a
Glenn Honer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
SCHEDULE "L"
REGULATIONS FOR CONSTRUCTION
(1) REQUIREMENTS FOR BLASTING
The Owner shall , prior to commencing any blasting, obtain
from the Director , permission to carry out the blasting
operation .
(2) REMOVAL OF TOP SOIL
The Owner shall not remove any top soil from the said Lands
except for construction purposes.-;a:nd such top soil must re-
main within the limits of the said Lands .
(3) DUMPING OF FILL OR DEBRIS
The Owner agrees to neither dump , or permit to be dumped ,
any fill or debris on, nor to remove, or permit to be re-
moved any fill from any lands to be dedicated to the Munic-
ipality other than the roads within the limits of the said
Lands , without the written consent of the Director .
(4) DISPOSAL OF CONSTRUCTION GARBAGE
All construction garbage and debris from the said Lands must
be disposed of in an orderly and sanitary fashion in a dumping
area off the said Lands provided by the Owner and approved by
the Director . The Municipality shall not be responsible for
the removal or disposal of garbage and debris . The Owner
agrees to deliver a copy of this Clause to each and every
builder obtaining a building permit for any part of the said
Lands .
(5) QUALITATIVE AND QUANTITATIVE TESTS
The Owner agrees that the Municipality may have qualitative
or quantitative tests made of any materials or equipment
installed or proposed to be installed . The costs of such
tests shall be paid by the Owner.
(6) MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall , at all times during the life of this Agree-
ment 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 . The Owner shall maintain, at all times, all
such roads free of dust and mud originating from the lands
during the course of construction . If damaged , the Owner
agrees to restore immediately , and at its expense, such road
to a condition equal to that existing at the time of such
damage and to the approval of the Director . No public road
outside the limits of the said Lands shall be closed without
the prior. written approval of the authority having jurisdiction
over such public road . The Owner agrees not to use or occupy
any untravelled portion of any public road allowance without
the prior written approval -of the authority having jurisdiction
over such public road allowance .
S C i i_Dli1,E L
( 7) Y1AINTENA;NCE O-F' INTERNAL ROADS
The Owner shall , prior to the placement of the final
surface treatment on any road required to be constructed
under this Agreement , remove any contamination of the
base course and repair and replace such base course ,
where necessary , to the approval of the Director , in order
that the construction of such road shall not have suffered
due to any use of the base course as a temporary road .
(8) WEED AND RAT CONTROL
After the commencement of construction the Owner shall
institute upon the Lands a programme of weed and rat
control to the satisfaction of the Director .
THIS SCHEDULE is Schedule "L" to the Agreement which has been
authorized and approved by By-law No .7� -( of The Corporation
of the Town of Newcastle, enacted and passed on the
y-L day
of �G�-��ij 19 7�j
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of )
Per •
M y or
/Clerk
) CLARET INVESTMENTS LIMITED,
)Per :
)REXGATE 'BOLDINGS LIMITED,
) Per : a, � C
F
Glenn Honer Reynolds
Frances Marion Stacey
Gladys Louise 'Windlad
i
�C t-JL Lt,
USE -OF SAID LANDS
The Owner agrees that the said lands shall not be used for
any purpose other than as set out in the following table :
LOT OR BLOCK NUMBER LAND USE
In accordance with provisions
ALL of Restricted Area By-law No .
77-12
THIS SCHEDULE IS Schedule "M'-' to the agreement which has been
authorized and approved by By-law No ^ �• ' of the Corporation
of the Town of Newcastle , enacted and passed the �cd2
day o f 19 7 ,�.
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of )Per :
Mayor
Clerk
) CLARET INVESTMENTS LIMITED,
) Per :
G/
)REXGATE 'HOL•DINGS LIMITED,
) Per .
Glenn Homer Reynolds
Fr-ances 'Marion Stacey
Gladys Louise Windlad
SCHEDULE "N"
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a Building
Permit for the erection of any structure on any of the said lands
listed in the following table until the conditions listed in the
following table have been satisfied to the approval of the Director
and/or any other authorities having jurisdiction.
LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED
(a) S23, 526, S35 Submission of Site Plan showing
access onto Firwood Avenue
(b) S24 , 525 , 534, S74 , S75 , SD45 . Roads fronting lots are extended
to satisfaction of the Town.
(c) S100 to S104 inclusive Temporary turning circle granted
by the Owner
(d) Blocks "D" , "E" , "F" . Approval of Site Plan or Subdivision
Plan for adjacent lands .
This Schedule is Schedule "N" to the Agreement which has been
authorized by By-Law No . ,_1Y of THE CORPORATION OF THE TOWN
OF NEWCASTLE, enacted and passed this -pz_, day of 7c�—L -�
197
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE
In the presence of ) Per:
Mayor
Cler
CLA INVESTMENTS LIMITED
Per :
n
REXGATE HOLDINGS LIMITED,
Per:
8
)
Glen Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad.
i
DS 1; E0UIhI_N-G_ SI7r _PL�,
The Own er. agsees that no application will be made for a build-
ing permit for the erection of . any structure on any of the lands
listed in the following table until a site plan agreement has
been entered into with the Municipality and the building permit
complies in all respects with the terms of the site plan agree-
ment .
I
(fi
. 1
LOT OR BLOCK NUMBER
AS PROVIDED IN SCHEDULE "Q"
1
1
THIS SCHEDULE is Schedule "0" to the Agreement which has been
authorized and approved by By-law No .-7';1-�'(f the Corporation
of the Town of Newcastle , enacted and passed on the L_ T-Z_ day
of j L; 197 gf F
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE,
In the presence of }per :
ayor
f
/ C 1 e r
} CLAR� INVESTMENTS LIMITED,
) Per :
)
)REXGATE HOLDINGS LIMITED,
) Per :
z
}
Glenn Homer Reynolds
r
Frances Marion Stacey
} Gladys Louise Windlad
}
SCHEDULE '.'P"
OVERSIZED AND/OR EXTERNAL SERVICES AND THE REIMBURSEMENT FOR THE
OVERSIZED AND/OR EXTERNAL SERVICES
1 . EXTERNAL ROAD SYSTEMS :
(a) Trull' s Road North
(i) From Highway #2 to Nash Road (Urban Section)
1, 000 ft . long (inc. Structure $58 , 000 . 00)
TOTAL COST 208 , 000 . 00
Town Share 208 ,000 . 00
Developer ' s Share - nil -
(ii) From Nash Road to Devondale Street (Urban Section)
1, 300 ft. long
TOTAL COST 230 , 000 . 00
Town Share (440 ft) 153, 890. 00
Developer' s Share (860 ft) 76 , 110 . 00
(iii) From Devondale Street to the north limit of
the subdivision (Suburban Section)
450 ft . long
TOTAL COST 40 ,850 . 00
Town Share 20 , 425 . 00
Developer' s Share 20 , 425 . 00
COST OF CONSTRUCTION 478, 850 . 00
TOWN SHARE 382 , 315 . 00
DEVELOPER' S SHARE 96 , 535 . 00
Engineering &
Contingencies TOTAL COST 71 , 827 . 00
Town Share 57 , 347 . 00
Developer ' s Share 14 , 480. 00
Therefore . . . .
TOTAL ESTIMATED COST OF CONSTRUCTION 550, 677 . 00
TOTAL ESTIMATED TOWN SHARE 439 , 662 . 00
TOTAL ESTIMATED DEVELOPER' S SHARE 111 , 015 . 00
(b) Nash Road
(i) From Trull ' s Road to Goldpine Avenue (Urban Section)
900 ft. long
TOTAL COST 135 , 000 . 00
Town Share (470 ft . ) 102 , 750 . 00
L,_veloper ' s Share (430 ft) 32 , 250 . 00
(ii) From Goldpine Avenue to west limit of Subdivision
(Urban Section)
520 ft. long TOTAL COST 78 , 000 . 00 -
Town Share 78 , 000 . 00
Developer ' s Share - nil -
COST OF CONSTRUCTION 213 , 000 . 00
TOWN SHARE 180 , 750 . 00
DEVELOP-ER' S SHARE 32 , 250 . 00
Engineering &
Contingencies TOTAL COST 313950 . 00
Town Share 27 , 112 . 00
Developer ' s Share 4 , 838 . 00
ore . . . . . . .
TOTAL ESTI'1ATED COST OF CONSTRUCTION 244 , 950 . 00
TOTAL ESTIMATED TO1%N SHARE 207 , 862 . 00
TOTAL ESTIMATED DEVELOPER ' S SHARE 37 , 088 . 00
The above figures are extremely preliminary . cost based on data received
from the Owner ` s Engineer . These estimated costs will be required to be
undated and revised when the final Engineering Drawings have been approved
by the Director of Public Works . Therefore , any financial commitments by
the Owner , in payment to the Town for his share of the External Roads shall
be updated when the final Engineering Drawings have been approved , and the
Cost Estimates revised and approved by the Director of Public Works .
There shall be no reimbursement by the Municipality to to the Owner
for improvements to the external roads .
2 . STORM SEWERS :
As according to Section 55 and Schedule "G" ( 1) of the Subdivision
.greement hereto attached , the Town agrees to reimburse the Owner
for all excess capacity required by E:•:ternal Drainage Area through
the said lands . All calculations required will be completed by the
O,7ner ' s Engineer and approved by the Director of Public Works
The Estimated Cost of this Oversizing is . . . . 100 , 000 . 00
THIS SCHEDULE IS Schedule "P" to the Agreement which has been
authorized and approved by By-law No .`-7�. . of the Corporation
of the Town of Newcastle , enacted and passed on the Cn
j CW
day of ��`"�I 197
SIGNED , SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE
In the presence of
Per :
Mayor
/TIkNVESTMENTS CLA_ LIMITED ,
Per :
) . REXGATE HOLDINGS LIMITED; -
Per :
C'Ier.n
Gladys Louise WindlaH
SCHEDULE
CENTRAL LAKE ONTARIO CONSERVATION
AUTHORITY ' S WORKS
1 . Prior to the issuance of the Authorization to Commence
Works , the Owner shall prepare detailed engineering
and drainage plans for the removal of the storm water
from the Lands , including erosion and siltation control,
which plans shall be approved by The Central Lake
Ontario Conservation Authority and the Ministry of
Natural Resources .
2 . The Owner shall not alter the tributary of Farewell
Creek that traverses Block A, without the written
permission of The Central Lake Ontario Conservation
Authority.
3 . The Owner shall develope Lots SD6 to SD 15 and L10 to
L 22 , all inclusive, Lot S8 , Lots S55 to S69 and S74
to S87 , all inclusive, according to site plans accept-
able to the Town of Newcastle and The Central Lake
Ontario Conservation Authority, which site plans shall
indicate existing and final grades , the location of
all buildings and structures , site drainage and
vegetation .
4 . The Owner shall prior to the initiation of any grading
or construction on the lots indicated in paragraph
3 of this Schedule , and prior to the rough grading of
the roads crossing or abutting Blocks A , B or C , to
erect a snow fence around the boundaries of Blocks B
and C , including those areas of the blocks abutting
road allowances , and around the boundary of Block A
including the eastern limits of Lots S55 and S69 .
5. The Owner agrees neither to place or remove fill of
any kind whether originating on the site or elsewhere,
nor alter any existing vegetation in Blocks A, B and
C without the written consent of The Central Lake
Ontario Conservation Authority.
6 . The Owner agrees to carry out the conditions of
approval that may be imposed by The Central Lake
Ontario Conservation Authority or the Ministry of
Natural Resources , under paragraphs 1 to S inclusive
of this Schedule , and to abide by the conditions stated
on any permits issued for the site by The Central Lake
Ontario Conservation Authority under Ontario Regulation
824-73 .
THIS SCHEDULE is Schedule "Q" to the Agreement which has been
authorized and approved by By-law.- No .--' -�-/ of the Corporation
of the Town of Newcastle , enacted and passed on the ( day
of c ut 197g .
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
NEWCASTLE
In the presence of )Per -
-
ayor
/ Clerk
i�
) CLARE-T INVESTMENTS LIMITED,
)Per : �.
)REXGATE HOLDINGS LIMITED ,
) Per .
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
S CH EDU LE "R"
ADMINISTRATION FEES FOR DEVELOPMENT
Estimated Costs of Works Engineering Fees
Less than $50, 000 . 00 Actual cost of services
up to a MAXIMUM of
$3 , 500. 00
$50, 000 . 00 to $100, 000 . 00 $3 , 500 . 00 or 4% of the {
estimated cost of services -
whichever is greater
$4 , 000 . 00 or 3. 5% of the
$100 , 000 . 00 to $500 , 000 . 00
estimated cost of services -
whichever is the greater
$500, 000 . 00 to $1 , 000 , 000 . 00 $17 , 500 . 00 or 3% of the
estimated cost of services -
whichever is greater
$1, 000, 000 . 00 to $2 , 000 , 000 . 00 $30 , 000 . 00 or 2 . 5% of
the estimated cost of
services - whichever is
greater
$2 , 000, 000 . 00 to $3 , 000 , 000 . 00 $50 , 000 . 00 or 2 . 25% of
the estimated cost of
services -
whichever is greater
$3 , 000 , 000 . 00 to $4 , 000 , 000 . 00 $67 , 500 . 00 or 2% of
the estimated cost of
services -
whichever is greater
i
For the purposes of this schedule cost estimates as specified
in Schedule "J" for Underground Hydro Distribution System shall
not be included -for the -purposes of calculating administration
fees as .contemplated by this schedule .
i
. I
-2-
I
THIS IS SCHEDULE "R" to the Agreement which has been authorized
and approved by By-law No .-75-)� of the Corporation of the Town
of Newcastle, enacted and passed this Lf- day of
197
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE TOWN OF
In the presence NEWCASTLE,
Per:
Mayor
Clerk
CLARET NVESTMENTS LIMITED
Per:
REXGATE HOLDINGS LIMITED
P
)
Glenn Homer Reynolds
Frances Marion Stacey
Gladys Louise Windlad
E
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