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HomeMy WebLinkAbout78-68 . . . -- THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 78-68 Being a by-law to authorize the execution of a development agreement between the Corporation of the Town of Newcastle, and Darlington Industrials Limited and Marilyn Carswell, by the Mayor and Clerk of the Town of Newcastle WHEREAS Council of the Corporation of the Town of Newcastle deems it desirable to enter into a development agreement with Darlington Industrials Limited and Marilyn Carswell with respect to the development of parts of Lots 27 and 28, Broken Front Concession, in the Geographic Township of Darlington, in the Region of Durham, now described as Parts 1 to 47, Plan lOR-708. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS: 1. THAT the Corporation of the Town of Newcastle, Darlington Industrials Limited and Marilyn Carswell, enter into the agreement, a true copy of which is annexed hereto as Schedule "A" and that the Mayor and Clerk be authorized to execute the agreement and affix the corporate seal of the Corporation of the Town of Newcastle thereto. 2. THAT the Town Solicitor hold the agreement referred to in paragraph 1 hereof, in escrow until Darlington Industrials Limited and Marilyn Carswell execute the amending agreement and deliver deeds for the lands more particularly described in Schedules "E" and "F" of the agreement dated the 26th day of June, 1978 (Schedule "A"). BY-LAW READ a first and second time this 14th day of August, 1978. BY-LAW READ a third and final time this 14th day of August, 1978. THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: R. Bruc Deputy - Gertrude Clerk E. I~;~ .~ ~ C b' c.P Lt~11- IJ- -z: , ~ J,.:14 '" -It- 7 g-t f and , ... . , . ~j, THIS AGREEMENT made this;:2.~ -q;day of J7 , A.D. 1978. . {, ,M.. ,. 4 i.' B ET WEE N: DARLINGTON INDUSTRIALS ~IMITED and MARILYN CARSWELL, hereinafter called the "Owner" OF THE FIRST PART THE CORPORA~ION OF THE TOWN OF NEWCASTLE, hereinafter called the "Municipality" OF THE SECOND PART. WITNESSETH THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "said lands"; AND WHEREAS the Owners warrant that they are the registered owners of the whole of the said lands (save and except Parts 7, 8, 9, 10, 12, 39 and 40) of which Darlington Industrials Limited is the owner of Parts 13 to 26 inclusive, 30, 31, 34, 35, and 38, and Marilyn Carswell is the owner of Parts 1, 2, 3, 4, 5, 6 , 11, , 27, 28 , 29, 32 , 33, 36 , 37, 41, 42, 43 , 44, 45, 46 , and 47, Plan IOR-708; AND WHEREAS the Owners warrant that they intend to apply to The Durham Land Division Committee, hereinafter called the "Committee" for approval of a consent to convey parts of the said lands; AND WHEREAS the Owners have consented to enter into this Agreement with the Municipality; AND WHEREAS in this Agreement "Owner"may include 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 the Owners warrant that they have, or will enter into an agreement with the appropriate Public Utilities Commission, or other authority or company having jurisdiction in the area of the said lands for the design and installation of the utilities referred to in Schedule "H" and hereinafter called "Utilities"; AND WHEREAS in this Agreement "Director" means the Director of Public Works of the Town of Newcastle, or such duly qualified Engineer as may be appointed by the Council of the Municipality to act in his place; AND WHEREAS the Owners acknowledge that the lands will not be serviced by municipal water or sewer systems and each building or structure to be erected or altered shall be supplied by in- dividual wells or private water supply systems and by private sewage disposal systems as approv~d and/or required by the Region of Durham Health Unit. < , i. .' e . . ~ , .......' - 2 .-- NOW THEREFORE in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the parties hereto agree as follows: CERTIFICATION OF OWNERSHIP I. The Owners shall, at the time of execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality cert- ifying as to the title of the said lands and setting out the names of all persons having an interest in the said lands and the nature of their interest. 2. The Owners shall, at the time of execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor and addressed to tbe Municipality cert- ifying as to the t~tle 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 REQUIRED 3. The Owners shall, at the time of execution of this Agreement, provide the Municipality with a certified copy of a reference plan of survey for the said lands prepared by a registered Ontario Land Surveyor showing the proposed layout as approved "by Council., Such reference plan shall be attached hereto as Schedule "B" and hereinafter called the "Plan". The Plan shall also contain the stamp of Regional approval. The "Plan" shall be deposited in the Registry Office prior to the issuance of any certificate that consent has been given for the conveyance 'of any part of the "Plan". PAYMENT OF TAXES 4. The Owners shall, at the time of execution of this Agreement, pay all Municipal taxes outstanding against -the said lands, as set out in Schedule "c" hereto. The Owners further agree to pay any Municipal taxes which may become due and payable by them in respect of any of the said lands prior to the sale by the Owners of such lands. PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Owners shall, at the time of 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 execution of this Agreement. PAYMENT OF DRAINAGE CHARGES 6. The Owners shall, at the time of execution of this Agreement, pay all drainage charges assessed under The Drainage Act, 1975, and The Tile Drainage Act, 1971, as amended, against the said lands, as set out in Schedule "c" hereto, including the commuted value of any such charges falling due after the execu~iort of this Agreement. .. e , . , '\ "",'" - 3 - .-' DEDICATION OF EASEMENTS 7. The Owners shall, at the time of execution of this Agreement, deliver to the Municipality executed transfers of easements free and clear of all encumbrances as set out in Schedule "D" hereto. If, subsequent to the registration of the Plan, further easements are required for utilities or drainage or other purposes, the Owners agree to transfer to the Municipality such further easements upon request. DEDICATION OF LANDS INCLUDING ONE FOOT RESERVES 8. The Owners shall, at the time of execution of this Agreement, deliver to the Municipality executed deeds of conveyances sufficient to vest in the Municipality, or where applicable, in any other public authority or person absolute:tttle in fee simple, free and clear of all liens, charges, encum- brances and .easements, as set out in Schedule "E" hereto. Such conveyance shall include the dedication by the Owners to the Municipality of the lands required by the terms of The Planning Act, R.S.O. 1970, Chapter 349, as amended, from time to time to be dedicated for public purposes other than for highways. DEDICATION OF LANDS FOR PUBLIC HIGHWAYS 9. The Owners shall, at the time of execution of this Agreement-, convey to the Municipality a title .-in-feesimple free from all encumbrances for the parcels of land listed in Schedule "F" for the purpose of public highways. The convey- ance to the Municipality of such lands shall be subject to a reservation to the Owners of a right-of-way over said lands until such time as said roads have been laid out and established as a public highway by a by-law of the Town. REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS IO. The aforementioned transfer of land and transfers of easements shall be prepared and registered by the Owners at the Owners' expense. MUNICIPAL WORKS REQUIRED II. The Owners shall be responsible for the construction and installation of the services more par~icularly referred to in Schedule "G" hereto (hereinafter called "the Works"). Until the issue of a Certificate of Acceptance, as hereinafter pro- vided, the Works shall remain the property of the Owners, and the Owners 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. UTILITIES REQUIRED 12. The Owners, shall be responsible for entering into agree- ments with the appropriate 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 as more particularly referred to in Schedule "H" hereto. The electrical supply and telephone systems shall be installed under- ground. Electricity may be supplied above ground from the over- head Ontario Hydro lines traversing the lands as of the date of this Agreement, except that all wiring and street lights shall be underground and except that if new electrical distribution line s .are requ ired to serve the lands such I ines shall be in- stalled underground. . . e - .\ - 4 - .' ' ~....\ OWNERS' ENGINEER 13. The Owners shall retain a competent Professional Engineer, approved by the Municipality, and registered by the Association of Professional Engineers of Ontario, and hereinafter called the "Owners' Engineer", to administer this Agreement, whose duties are set out in Schedule "I" hereto. DESIGN OF WORKS 14. The Owners agree that the design of all the Works shall comply with the latest Design Criteria and Standard Detail Draw- ings of the Municipality. In the event of any dispute as to such standards, or in the event of any dispute as to such design requirements, the decision of the Director shall be final. APPROVAL OF ENGINEERING DRAWINGS 15. The Owners shall, pr~or 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- 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 revision and further approval, and no work shall be done unless in accordance with the said revised and approved drawings. APPROVAL OF GRADING AND DRAINAGE PLAN 16. The Owners shall, prior to the issuance of any Authorization to Commence Works, as provided herein, have received the written approval of the Director of a plan, hereinafter called the "Grading and Drainage Plan", and showing thereon all proposed grading and drainage works for the said lands. If no construction of the Works has commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for revision and ,further approval and no such work shall be done - unless in accordance with the said revised and approved dr~wings. APPROVAL OF SCHEDULE OF WORK 17. The Owners shall, prior to the issuance of any Authorization to Commence Works, as provided herein, have received the written approval of the Director of a schedule, hereinafter called the "Schedule of Work", which sets out the timing sequence in which the Owners propose to construct and install all of the Works and the Owners shall proceed only in accordance with such approved Schedule of Work. APPROVAL OF COST ESTIMATES 18. The Owners agree that, prior to the issuance of any Authorization to Commence Works, as provided herein, the estimated cost of construction and installation of all of the Works ..1; e e . . - 5 - ,,- hereinafter called the "Works Cost Estimate", shall be approved by the Director and entered in Schedule "J" hereto. The said approved Works Cost Estimate shall be deemed to have been included in this Agreement at the date of its original execution, whether or not it was, in fact, so included and whether or not it is, in fact, entered in Schedule "J" hereto. PERFORMANCE GUARANTEE REQUIRED 19. (1) The Owners shall, prior to the issuance of any Authorization to Commence Work, furnish to the Municipality by cash or by means of an irrevocable letter of credit issued by a chartered Canadian bank, guaranteeing the performance by the Owners 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 Authori~ation 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 of credit as pro- vided in subparagraph (I) hereof, are hereinafter collectively referred to as a "Performance Guarantee". USE OF PERFORMANCE GUARANTEE 20. The Owners agree that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Performance Guarantee if the Owners fail to pay any costs payable by the Owners to the Municipality under this Agreement by the due date of the invoice of such costs. INDEMNIFICATION OF MUNICIPALITY AND INSURANCE 21. The Owners covenant and agree to indemnify the Municip- ality against all actions, causes of actions, suits, claims and demands, whatsoever and howsoever caused, which arise either by reason of the development of the said lands, or the undertaking of the design, construction, installation and maintenance of the Works and Utilities. The Owners agree to iQdemnify the Municipality with respect to all such claims notwithstanding the issuance of a Certificate of Release provided for in this Agreement. The Owners shall also provide the insurance called for in Schedule "K" of this Agreement. / . e . . ,~ ,,- - 6 - " REQUIREMENTS FOR AUTHORIZATION, TO COMMENCE WORKS 22. The Owners shall not commence the construction or installation of any of the Works without the written per- mission of the Municipality, hereinafter called an "Authorization to Commence Works". The Owners shall only commence those Works permitted by the Authorization to Commence Works. In addition to any other requirements con- tained herein, no Authorization to Commence Works shall be issued for any of the Works until: (I) The Plan has been deposited in the Registry Office; and (2) The Owners have paid to the Municipality any outstanding charges against the said lands; and (3) The Owners have dedicated to the Municipality any transfers of easement as set out in Schedule "D" hereto; and (4) The Owners have dedicated or conveyed to the Municipality any lands as set out in Schedules "E" and "F" hereto; and (5) The Owners shall deliver letters from the appropriate Public Utilities Commission, or authority or company having jurisdiction, stat- ing that satisfactory agreements have been entered into for the design and installation of the Utilities as required by paragraph 12 of this Agreement; and (6) The Owners have appointed an approved Engineer as required by paragraph 13 of this Agreement; and (7) The Owners have received the written approval of the Director for the Engineering Drawings as required by paragraph IS of this Agreement; and (8) The Owners have received the written approval of the Director for the Grading and Drainage Plan as required by paragraph 16 of this Agree- ment; and (9) The Owners have received the written approval of the Director for the Works Cost Estimate, asrequired.wby paragr-aph 18 of-this Agreement; and (10) The Owners have deposited with the Municipality the Performance Guarantee applying to that stage '; of the Plan for which the Owners are seeking such Authorization to Commence Works as required by paragraph 19 of this Agreement; and . . e e .\ - 7 - , ); (II) The Owners have deposited with the Municipality any policies of insurance as required by para- graph 21 of this Agreement. APPROVAL OF CONTRACTORS 23. The Owners agree that any contractor employed by the Owners to construct or install any of the Works shall be approved by the Municipality in writing prior to the ~ontract being made and in the case of services under the jurisdiction of the Public Utilities Commission shall be approved by the Public Utilities Commission. Such contract shall provide that employees or agents of the Municipality may, at any time, inspect the work of such contractor pertaining to the said lands and shall have the power to stop any such work in the event that, in their opin~on, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Municipality. PROVISIONS FOR CONSTRUCTION AND INSTALLATION 24. All of the Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Director. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in writing by the Director. All construction on the said lands shall be carried out in accordance with the regulations for construction as set out in Schedule ":L" hereto. SEQUENCE OF CONSTRUCTION AND INSTALLATION 25. The Owners shall, upon the issuance of an Authorization to Commence Work, proceed to construct and install all of the applicable ,Works continuously and as required by the approved Schedule of Works. COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION 26. The Owners shall, within two (2) years of the date of issuance of an :Authorization to Commence Works, complete the construction and installation of all of the Works authorized in such Authorization to Commence Works. ADDITIONAL FACILITIES OR WORK REQUIRED 27. If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owners shall construct or install such additional facilities and perform such additional work as the Municipality may request from time to time. INCOMPLETE OR FAULTY WORK 28. If, in the opinion of the Director, the Owners are not prosecuting or causing to be prosecuted the Works required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if thi said work is being improperly done, or if the Owners neglect or abandon the said w~rk, or any part of it, before completion, or unreasonably delay the execution of the same, or if in any other manner the said work is not being done properly - 8 ,-~ . and promptly in full compliance with the provisions of this Agreement, or in the event that the Owners neglect or refuse to do over again any work which may be rejected by the Director as defective or unsuitable, or if the Owners in any other manner in the opinion of the Director make default in performance under this Agreement, then in any such case the Director on the authority of the Council of the Municipality may notify the Owners and their surety in writing of such default or neglect and if the Owners fail to remedy such default or neglect within ten (IO) clear days after the giving of such notice or within such further period of time as may be specified in the notice then the Municipal Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owners or their surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owners shall forth- with be notified. The cost of such work shall be calculated by the Director,-whose decision shall be final.-- It is understood and agreed that the total costs shall include a management fee of thirty percent (30%) of a contractor's charges to the Municipality (including any charges for overhead and profit), or, if such work is undertaken by the Municipality, thirty percent (30%) of all labour, materials and machine time charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Owners of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. '. ENTRY FOR EMERGENCY REPAIRS 29. The Owners agree that, at any time, and from time to time, employees or agents of the Municipality may enter the said lands f~r the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Municipality, nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owners from any of their obligations under this Agreement. DAMAGES OR RELOCATION OF EXISTING SERVICES e 30. The Owners agree to pay the cost of repairing any damages to any services which without limiting the generality of the foregoing shall include road, water, electrical, gas, telephone, cable television or sewer systems, and the cost of relocating any existing services, caused by the development of the said lands, or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Director and/or the authorities responsible for such services. The Owners further agree to pay the cost of moving any of the Works installed under this Agreement, in driveways or so close thereto as in the opinion of the Director, interfere with the use of the driveway. USE OF WORKS BY MUNICIPALITY e 31. The Owners agree that any of the Works may be used by the Municipality, or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Municipality, nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owners from any of their obligations under this Agreement. .. ." " . - 9 - USE OF SAID LANDS 32. The Owners agree 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 REQUIRING SITE PLAN 33. (a) The Owners covenant and agree that, if required by the Municipality, the Owners shall enter into a site plan agreement with the Municipality respecting the development of any lot for which the Municipality requires a site plan agreement an~ -the Owners covenant and agree that any building or structure shall be constructed in accordance with the terms of the said site plan agreement. . K ~ . . (b) The Owners agree that the Lots 45, 46 and 47 of the Plan annexed hereto as Schedule "Bu are unsuitable for building purposes and that no application for a building permit for the erection of any structure or structures thereon will be made by the Owners. REQUIREMENTS FOR BUILDING PERMITS 34. (I) Neither the execution of this Agreement by the Municipality, nor the approval by the Municipality of the Plan for registration, nor the issuance by the Municipality of any Certificate of Acceptance, shall be deemed to give any assur- ance that Municipal building permits, when applied for, will be issued in respect of any of the said lands. The Owners agre that no application for any building permit in respect of any of the said lands shall be made until: (i) all the roads which are required to be constructed under this Agreement to provide access to the proposed building, have been constructed to at least the completed granular base and in any event to a stage approved by the Director as sufficient to permit their use by such vehicles as may be required during the construction of the proposed building; and (ii) all of the Works required to be constructed and installed under such roads, have been constructed and installed to the approval of the Director; and (iii) all of the Utilities required to be constructed and installed under such roads have been constructed and installed to the approval of the authorities having juris- diction over such Utilities; and (iv) the Owners have deposited the Occupancy Penalty fee as required by paragraph 37 of this Agreement; and 1ft :I~ . . e e . ,. - IO - (v) in addition, the Owners agree that no applic- ation for any building permit shall be made in respect of any part of the said lands until the Owners or their successors in title have entered into a Site Plan Agreement, as contemplated by Section 35(a) of The Planning Act, with the Municipality respecting the development of such part, if such Site Plan Agreement is required by the Council of the Town. REQUIREMENTS FOR SALE OF LANDS 35. The Owners agree not to sell any or all of the said lands until: (I) the Municipality has registered against the title to such lands any grant of easement in respect of such lands; and (2) the Owners have obtained from the prospective purchaser, a covenant that such purchaser agrees to provide the Municipality with any grants of easement required for utility or drainage purposes upon the written request of the Municipality; and (3) the Owners have obtained from the prospective purchaser a license to permit the Owners to enter upon such lands to perform their oblig- ations under this Agreement; and (4) the Owners have inserted in the agreement to purchase entered into by the prospective purchaser, notice that the lands are subject to the covenants and obligations set forth in the Agreement. REQUIREMENTS FOR AUTHORIZATION TO OCCUpy 36. The Owners shall not permit any building on the said lands to be occupied, and no one shall occupy such buildings, without the written permission of the Municipality, herein- after called an "Occupancy Permit". In addition to any other requirements contained herein, or required Federal, Provincial or Municipal laws, no Occupancy Permit shall be issued for any building until: / (1) all of the roads which are required to be constructed under this Agreement which will provide access to such building, have had to the written approval of the Director; and all of the storm sewage system required to ~ ~~' be constructed and installed to service such '-[/1 'I~ building, has been constructed and installed to the written approval of the Director, and the building has been connnected thereto; and (2) (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 jurisidction over such Utilities; and /7~'~ - ~ , 1 . .-' - 11 - .. . (4) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the authority having jurisdiction; and (5) the Owners' Engineer has provided the Director with written confirmation that the lot where such building is located, conforms to the Grading and Drainage Plan, or has received the approval in writing of the Director with respect to any variance to the Grading and Drainage Plan. OCCUPANCY PERMIT e 37. The Owners agree to deposit with the Municipality the sum of Seven hundred and fifty dollars ($750.00) at such time as a building permit is issued with respect to a lot and the said sum of Seven hundred and fifty dollars ($750.00) shall be forfeited to the Municipality in the event that occupancy occurs prior to completion of the services and roadways and the issuance of an Occupancy Permit. The Municipality shall return the deposit, without interest, or penalty, to the Owners at such time as the unit is ready for occupancy in accordance with Agreement, or as required by Federal, Provincial or Municipal laws, provided that the said unit has not been occupied prior to its being so ready for occupancy or prior to the Occupan-cy-Permi-t having been issued. It is understood that- this provision is severable and distinct and ~s in addition to any other rights which the Municipality may have at law or in equity to stop or enjoin occupancy of any building on the said lands in contravention of paragraph 36 hereof. MAINT:~NANCE OF ROADS AFTER OCCUPANCY 38. If any building on the said lands is occupied, the Owners agree to maintain all of the roads, which are required to be constructed under this Agreement, and which provide access to such building, until a Certificate of Acceptance has be~n issued for such roads, as provided herein, such roads shall be: (1) maintained at all times in a well drained, dust free and mud free condition, fit for normal vehicular traffic, to the approval of the Director; and . (2) snow-plowed and sanded, so as to permit their use by normal vehicular traffic to the approval of the Director. REQUIREMENTS FOR CERTIFICATE OF COMPLETION . 39. The Owners agree that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the purpose of this Agreement until the Director has provided the Owners with written confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other require- ments contained herein, no Certificate of Completion shall be issued until: - 12 - " ~ '" (I) all of the Works authorized by the Author- zation to Comm~nce Works have been inspected by the Director and the Municipal Council has approved the written report of the Director that such Works have been constructed and installed in accordance with the latest version of the Engineering Drawings approved by the Director; and . (2) the Owners have provided the Municipality with a statutory declaration that the Owners have paid all accounts except for holdbacks not exceeding fifteen percent (15%) of the value of the Works, payable in respect of the con- struction and installation of all of the Works authorized by such Authorization to Commence Works and that there are no outstanding claims relating to such Works. All unpaid accounts other than holdbacks must be enumerated; and (3) the Owners have provided the Municipality with a letter from the Public Utilities Commission, or other authorities or company having juris- diction in the area of the lands that the Utilities have been installed to the satisfaction of such Public Utilities Commission or other authority or company having jurisdiction. e PERIOD OF REQUIRED MAINTENANCE OF WORKS 40. The Owners shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period of two (2) yea r s . MAINTENANCE OF MUNICIPAL AND PRIVATE LANDS e 41. The Owners shall cut all weeds and grasses on all parts within the Plan which from time to time have not been conveyed by consent of the Land Division Committee, including any part which has been conveyed to the Municipality, except for Part I, Plan IOR-708, and insofar as the parts conveyed to the Municip- ality, the ,Owners shall continue to cut all weeds arid grasses until such time as a Certificate of Acceptance is issued for all Works located on the said part. The said weeds and grasses shall be cut as often as is necessary in the opinion of the Director. MAINTENANCE GUARANTEE REQUTRED 42. In order to guarantee that all defects in the Work, which become apparent after the issuance of a Certificate of Com- pletion, for such Works, will be properly repaired and replaced, and all weeds and grasses are cut as required by paragraph 41 hereof, the Owners shall, prior to the issuance of the, Cert- ificate of Completion for such Works, lodge with the Munic- ipality a Maintenance Guarantee in the form of cash or 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 e ~ 13 - ,-' . Maintenance Guarantee shall be subject to the approval of the Municipal Solicitor, and the Municipal Treasurer, and shall guarantee the Works for two (2) years from the date of com- pletion. USE OF MAINTENANCE GUARANTEE. 43. The Owners agree that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Maintenance Guarantee if the Owners fail to pay any costs, payable by the Owners to the Municipality under this Agreement, by the due date of the invoice of such costs. REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE 44. The Owners agree that the Municipality shall not be obliged to release to the Owners the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and e (2) the Owners have deposited with the Munic- ipality the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Owners have provided the Municipality with a statutory declaration that the Owners have paid all accounts payable except the holdback not exceeding fifteen percent (15%) of the cost of the Works, in respect of the construction and installation of the Works for which such Performance Guarantee was required and that there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE e 45. The Owners agree that any of the Works covered by a Certificate of Completion shall not be accepted nor deemed to be accepted for the purpose of this Agreement until the Director has provided the Owners with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been in- spected by the Director and the Municipal Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 40 of this Agreement. OWNERSHIP OF WORKS BY MUNICIPALITY e 46. The Owners agree 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 Owners shall have no right or claim thereto, other than as Owners of land abutting a road in which such Works are installed. . . . e t ."~ ~ - 14 - REQUIREMENTS FOR RELEASE ,OF MAINTENANCE GUARANTEE 47. The Owners agree that the Municipality shall not be obliged to release to the Owners the unused portion of any Maintenance Guarantee until: (I) a Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee was required; and (2) the Owners have provided the Municipality with a statutory declaration that the Owners have paid all accounts payable in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required and that there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF RELEASE 48. The Municipality agrees to provide the Owners with a written release for the said lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any other requirement contained herein, the Certificate of Release shall not be issued until: (I) Certificates of Acceptance have been issued for all of the Works; and (2) a registered Ontario Land Surveyor, approved by the Municipality, has prov~ded the Munic- ipality with written confirmation that, at a date,not earlier than the end of the maintenance period described herein, he has found or re- ~ placed all standard iron bars as shown on the Plan and survey monuments of all block corners, the ends of all curves, other than corner roundings, and all points of change in direction -of roads on the Plan; and (3) the Municipal Council has, by resolution, declared that the Owners were not in default of any of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owners under this Agreement with the exception of the Owners' responsibility for drainage as provided herein and the Owners' acceptance of the conditions for applying for Municipal building permits as provided herein. RESPONSIBILITY FOR DRAINAGE 49. Even after the issuance of the Certificate of Release the registered owner of each lot on the Plan shall have the sole responsibility for providing and maintaining adequate drainage of surface waters from such lot. . . . - - 15 - , INTEREST IN SAID LANDS 50. The Owners hereby charge all their interest in the said lands with the obligations set out in this Agreement. PAYMENT OF MUNICIPAL COSTS 51. Every provision of this Agreement by which the Owners are obliged in any way shall be deemed to include the words "at the expense of the Owners" unless the context otherwise requires. The Owners shall reimburse the Municipality for all administrative, planning, legal, engineering and inspect~ ion costs incurred by the Municipality and those agents employed by. the Municipality in connection with the development of said lands. UNPAID CHARGES 52. The due dates of any sum of money payable herein unless a shorter time is specified shall be thirty (30) diys after the date of the invoice. Interest at one percent (l%) per month shall be payable by the Owners to the Municipality on all sums.of money payable herein, which are not paid on the due dates, calculated from such due dates. NOTIFICATION OF OWNERS 53. If any notice is required to be given by the Municipality to the Owners in respect of this Agreement, such notice shall be mailed or delivered to: Darlington IndustriahLimited and Marilyn Carswell, ,5:27-) Bloor Street West, P.O. Box 33, Toronto, Ontario, M5S ~Y5 Bowmanville, Onto LIe 3K8 ~,~) or such address as the Owners have notified the Municipality, in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. REGISTRATION OF AGREEMENT 54. The Owners hereby consent ~a ~he registration ot this- Agreement by the Municipality and covenant and agree not to register or permit the registration of any documents after reg- istration of the Plan on any land included in the said Plan unless this Agreement and any deeds, easements or other documents required to be furnished thereunder have first been registered against the t~tle to the land included in the Plan. NEGOTIATION OF AGREEMENT 55. The O~ners agree that the Municipality may, at its option, in the circumstances set out below on thirty (30) days written notice to the Owners, declare this Agreement to be subject to renegotiation, whereupon the Owners agree not to undertake any c~nstruction or installation of any of the Works until this Agreem~nt has been renegotiated. This Agreement may be subject to renegotiation if no construction or installation of any of the Works has commenced within two (2) years from the date of execution of this Agreement., .. . . - - 16 - ASSIGNMENT OF AGREEMENT 56. The Owners shall not assign this Agreement without prior written consent of the Municipality and no such assignment shall relieve the Owners of any of their obligations under th is Agr eemen t. JOINT AND SEVERAL LIABILITY 57. The Owners hereby acknowledge and agree that they are , jointly and severally liable for all covenants given by them, or either of them, under this Agreement. APPLICATION TO LAND DIVISION COMMITTEE 58. Provided that all the terms of this Agreement have been fulfilled by the Owners and provided further that application for consent to convey part of the lands comply with the Official Plans and Zoning By-laws from time to time in force affecting the lands, the Municipality will not oppose any application by the Owners to the Land Division Committee of the Region of Durham for consents to convey part of the lands. ROAD CLOSING 59. The Municipality agrees to take all necessary steps to close up Parts 9, 10, 39 and 40 of the Plan, and to convey Parts 9, IO, 39 and 40 in accordance with the provisions of The Municipal Act, R.S.O. 1970, Chapter 284, as amended, to ~~ abutting owners. h../{j~ SUCCESSORS ~ ~~ 60. This Agreement shall enure to the benefit of and be binding upon all of the parties hereto, and its or their respective heirs, executors, administrators, successors or assigns. SCHEDULES TO AGREEMENT 61. The following schedules, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, together with all provisions contained therein are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: Schedule "A" "Legal Description of said lands" Schedule "B" - "Reference Plan" Schedule "c" - " Charges against said lands" Schedule "D" - "Grants of easements to be dedicated" . . . . . ~ .-' - 17 - " Schedule "E" - Schedule "F" - Schedule "G" - Schedule "H" - Schedule "I" - Schedule "J" - Schedule "K" Schedule "L" - Schedule "M" - "Lands to be dedicated" "Lands for Public Highway" "Works required: "Utilities required: "Duties of Owners's Engineer" "Cost Estimate" Insurance Policies required" "Regulations for donstruction" "Use of said lands" IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED In the presence of ) DARLINGTON INDUSTRIALsLIMITED, ) Per: ) ) ) ) ) :I #! ~1'7~~) ~r In'AaI''uft A Marilyn Carswell ~ of THE CORPORATION OF THE TOWN OF ) NEWCASTLE, : pe~~ ) ) . . . e- '\, " " SCHEDULE "A" LEGAL DESCRIPTION OF SAID LANDS ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, and being composed of part of Lots 27 and 28, Broken Front Concession in the Geographic Township o~-Darlington, in the Region of Durham and now described as Parts I to 47,Plari.lOR-708. THIS IS SCHEDULE "A" to the Agreement between Darlington In- dustrial Limited and Marilyn Carswell and T~c~oration of the Town of Newcastle, da ted the ~,,~ day 0 ~'1 1978. DARLINGTON Per: -1ft!' C:t,~ ~~w.d1. Marilyn Carswell THE CORPORATION OF THE TOWN OF NEWCASTLE, i I i I I I ! ! 1- PART- - -, ._~. ...'.--- - -----:----.---..,.-- ~--..- ----- --- - - - -- -_. - - -- - ,---- - ---.-.,... ...--- .~ -~. -. -- -. - - ~ -- ."- .... --- --.,.,- ~_.--.. -- '~"---'---"~-~- _.- , - - , .. PLAN OF SURVEY ,'OF PARTS OF LOTS 27AND 28, BROKEN FRONT CONCESSION, GEOGRAPHIC TOWNSHIP' OF DARL/NGTO'N 1 (FORM,ER COUNTY OF DURHAM) NOW WITHIN THE LIMITS OF THE TOWN OF NEWCASTLE REGIONAL' MUNICIPALITY OF DURHAM " SCALE: I inch = 100 feet M.D. BROWN O.L.S. 1976 ~ E A~ff ~ 'III M91e Lot28,8.FQ:Il --\ / lOf27,BFCon '. / ^ I I ()'/'/ '\ !\ 11"'/::- \ RJ C S M N,t / -\L_L il-\, ~\.....t': 593.83' ~ _ -1!19rch JO,!}]i ~_ Dote ' ' Fd N,t (1106) ~O,'\ [) 433 99' 17 4340'- ---- FMT 16 434 03' Pl rJ WIt, _~{k~iP~._~I1~_ ?~Slgna'ur. ~~': ~~_u, ~_ C'.- .. ..... ._~. -- ,- O-~O,RfGIST,RARFORJHfREGISTRY OI'IIS/'NOFNEWCASTlE(N9/0). - N pt') ENLARGEMENT NOT TO SCALE 9 1 Q J) '1J (r PART ~ l.() ~ e- N ''l. . pt') <:> I) . ~ z SJ ,.., ~ -10 tt') o ~ Z ..... 0: ~ ~ to '0 ~ I j f i i I , t (:d NiUIt061 u ? - ~ ~ -~ ;t ~ Z- t; ~ ,. l' "'-",- '.. i 1----- ~ ---- ___ _ _ _ /4-- - - -----N73oi6'E---~- -, --------- - - --- -----______ _u______ N73020'E ____ __ _ ___. _ 31.33'-l "" ()\l,/^!\'rC , //7------ .1 HLL IVI-l.t h/L 3E II/lEE,\; 0.907 ~I ~_c_",'_S",M ~ --------- --I--- -'------, -'- ,<=A(IJ06-J _I' - A' 730 ' ~ ' " rv --~.!.... -..1Q..L ____ __ __ ___ '. Fd(J10IS) N73020'I'~ l~~-i()o--- ------- - --- --~ ~ ----=::::--- -8400' ---A-- 9183' 162 ,Nsr I "I2~Zl3 FdOl06J I r03 '20 l ',- N.W,Angrt I N83o,-.1J ----~ lJC.2 4l 4, . LotZ8,8,FCon '1,j2 2(\'''- 100.00 -----+------- ';J . 'An"E ' v c: ~d2~',,~~~Jl) N73020'E Fd ((I06J N630()1'"tV J ~ , I ~ ^"~fo~ I ~ ~ 0 \' I t,; .f!J,~ I s- ~.i~ N13020'E --- _,i 216.00' N 73020 E -....., ~ "- L.....-.{ " ,1/ ~" ~ 1<...)/ '", \) ~ //1 "- / , , ;" ~ "'it! 1 , '_. U' V / /,>- I I I I " I " " . '-,- I I "J t AIl~!t _~ __LlO'zr, 8 FC?n_ ':) " ,- ------- / ~ l"" -....., // C'^' X tit!' / / /C ,/ ,. , I f " t t r 1, PART 16 PART 17 ., I I i 10 'J) a()/~ 0 ---:::: - - _~~~_ ~-~-~l \ PART 21 \ -- -- ---- ----- ---" -- " \ i N 73020'E ex ),'\jC;[S :.3!O;'JS \ ' ; - ~ \ 433 99' -- -- --- -'- ~, " , -----. ~ -, ----- --'-- t3RO/<Et'J ';.,8 26>9.>,~ "'-, ' 474.W') "'{.~). ,) ,~'" ----- _" _~IOO__ '\Sl' 0/0 1--~ ~~ // ' o~;o>,SSj 1(0 ~~~ 90 + 1-.>. <;~'\ '/0' ~ Oo~..? S 99, ~' ~~ --~--- -~. ( I I I 593.83' -----1 __ CQ()^ IT , I \ I "J , Q) (\j .;J3'1 0- N 73020'( \ \ \ 4976" , 19002 , P{;: iIW~ t t 1181':"'1 ..J'jl 29' --~ "I 730 20'f. N 13020 f N 73020'e 4340." 43403' "'-- r"''''-",- -- - -- ---- I ! 19002 Pl0 r"-.'-........ '. '......... - t -PL~ j N13020'E I I I I 8 Oi N fs ,{~ 'I "I~ 1 i~ h Fd (1I06) Nil ~ ~1 ;- T~ ~. r--' -- ~ 8 ~ ... /<) '''-... 1<1/,1 "-.. /<.. I "- ~7)- ~ - ~ O('\J r-- <:S- o o (\.i . ~. ;z ':t . I.D Q) 1'). '0) 2 t1) (\J iJ) ~ ,:;j ? PART 15 -OJ <t o <t PART -t'j ,.... (\.i (1'\ ,.... 9 I'- ,]'; 1<': II- ,;0 \, l- S .. 23015 8 I") ,.... ~<\I ,.... l t: ~ 'l> u c: .'> lJ' ? ~ \ -) ~ ~~ \0 0 <\If'. <t Z 22 ~ :> J <I .r ~ ~ Q' a 2 ~ (n 0- t: ~ Pl.~ I ~---- o 434 52' 21726' N 13020'E 21126' ---+ I 1 in s: -[I ~ /'<i -~ ~--\ * cf'" ('oJ ':>~v .':c ! ~t ; I'- I :? C\" '=' 1<\ Pli6 l- V) w ~ PART PART 23 27 C) 2: -I'- N. <3 " oN' I'- ~O \~ <\I "i- ;;: PART 24 - j t; .s N73020'e 100 .00' t! cc tr, C\" Fd,(II06) -~ <t I'(') o t: 2 Cl Q ~ ,r-, '-.-.I ,20~ <9 3 L()T PART' PART ")Q L'-.) LC)T ~ <t I I . I- , ~ ,I - Fd(1005J-'- I Fd (1106) .3: <t I'(') o ,.... 2 -OJ .;; ~ ~ ~ o I'- 2 ~ -"t ,..., o f'.- 2 ~ -~ o {i) N Z SCHEDULE - - f I PART 13 14 - ~ (,()-,.... /'I") '1' ;~ 2 PART 19 -~ iA: 2009' 'J' ~-k: 20 08' ~ IN580/9'47"E z ~J640 ~9'59''E , A:1189~ P\. 631\' (:12.66 c: i ,8.11" ! A: I - R : 636 II N65018 54 E _ ' , C :: \ 38 6' A :: 139,~1t:.10 II' R - -J , ' N64018'2\' E. R : 6)6 I I 12 , C: \ 1)4 ' A: 155,10 I \'?\... A: 125 31, P\...~ t C ~ 1?5 t 7 - . <- " \ N6l)o 38' 41 E \ \ !A:(:2913' --1N58039'35'f ~ (0 't o 'E z PART ,\1\.; oj "\ 2 N7iO/7'30"f --50 !4' ! lee 6<' z W 14I ~ I- ~ I I -t f\.rJ 19000' 82381' N~ 25381' N 72000'40"f ~ 190,00' --+ - PV i9000' f\.~ C0 I (-J <D I (\J ~I I (j) a:g I ~ I ~}I //' ,/ i N 710,7'30"E j - JO/09' _: f\. ,v,t 3647 N 12~.XJ'40"E .~ PART ~ ~ J la .~ --- N72000'40"E Pl.-5161'1 PL 0 225.00' I j ,.... ~ ~ 2 N 71059'20"f ~L:.. 369 17' R :570,11' A: 146 19', C :: :45 7~ NEAo 39'59 E ':B PART " .~ PlrJ 92592' ,9825 . 100' /f NI2ood40"E - I Pl.~_ s' 22500 LOCATION AREA (Acres) ------.~~~ -'- .-- 2,765 2,0/6 -- '485 0050 --- 0000' 0002 0034 0002 . 0 176 0359 0549 .0077 1.262 1087 N nOll' 3O"E j(J8 28' 225_00 Pl." A..rJ " z h- (t) x w A:: 118 15' I ( :: 106 30' i---- N63008'20'wi . -I{) 1'-' 'Ii) (X) (1'\ lJ' r;:., -(1'\ "t -~ Q Nl/o/i30"f -5116' N f'<') <t rr, w (J z. ~ L.~ ......----- :-- <0 ~ I'- ~ - ;;.' ~ lOT fRONT 28, BROKEN CONCESSION 25 c ~ ~ _ 'f. ':-" Z '-U W a< ~ ')J ~ _ " i :;s '-lJ (\J 1 (\) L : - r- I Q:, .~' tt' > v' f\ t1) I r~ ,~/ / , ' , , -. \07 ~ <1\ N <t: N PART 43 ,.- N ~ CJ 12J <.~ $ 0_ : p~ ...!- ~ ..... 0 0::: ~ st z a: PART 38 PART PART .35 34, PART, 31 PART 30 PART t; s- F-I~()N\T .~ ~ o ,.... 2- C()NC~ ESSfC)N , ~ . 2 ,\ ~ .~ ~ 2, ~' ~ o 'E z ~ -'f' t'f'; o ,.... 2 3: -<:S- f'<') o t: z DP()'/E N' ,.=J I \ I \ - I, 1- 0::: rt ~ -"t I'(') N 7/01 iY)"E ~ /00'-,,2 \ \1 { -~ '\ /9828 'V1IOI? 3O"~ 140.45' ~J 7/0;,' 30"[ 225 14 I N1IoI130"E 22504' /I.J 7,ol7'.30"f 2 2 5 04 'VT,O'7'_~"E 16674' N!lOl7'30"E 22504' NltO,7'.30"E 225 ()4' i -- -- ~ ~_I ;;~ ~~ Z I .- t Pl " ,', I .~ l; , 'ra N.! ~ j / (1106) j -/28 ~-f5 810 ! Z ,S3 g ~ I ' I~" ~- I . , f ;:-."> , I'd ,v" l -J j (M'r.;) :~, 20, OOWU' <! I l' r i -, I or:-::CQ\ Ie'} I q,.,,'!...' , 1Il...L.,., PART E/.\SE:\1E!\J ; PART ,'NST 32 f\ ,') 1 '\I -- 'PART :8G~.~ PART, .f I 1. r'_JI: 'I Ie PART 41 N9 PLJ 37 l ,(,~t 22504' -----._-~-- --~-- .. ------- -- -------- ----- ------. --- -.--------- 36 33 PART - ,70373 22504' '. 29 f\.rJ 22504' 22504" 22504 t I< 1"9'S Ng D~poslted Plan Ng 401 of shown High -NOy os on ,,~ ~ o (\ $;) ? F -ese/rent, ",,9 20256 , I'\;'2 li~,~t --' r. ----:--0 !lLMJc J(~~1. '!(),' CJ c::::r ~ '-'" O~ " . ...;.. , l CAUTION: THIS PLAN IS NOTA PLAN OF SUBDIVISION WITHIN THE MEANING OF SECTION 29,32 OR 33 OF THE PlANNING ACT. , SURVEYOR'S - , I HEREBY CERtiFY THAT , .. ,CERTIFICATE ,i, ~ARING REFERENCE The astfonomJC beorlnq d the Easterly J,m,t of lot 27. Broken Front Concession.Ge09rophlc Township of Oor!l~gton, shown cis NI 10 34'W 'on DepoSited Plan N~ N29?76,govems alJ beOrj~g~showr1 hereon', II. 1 , t fhls survey and, plan ore correct and In9'<;O((tone~ ,l\';!~ the S,ur'Vey's Aet ' W:d ~he_Reg,stry .detand the requlp,tlons m~de t~e(~":'nd~" . , . 2. fhe survf!'j was c(Xl'lpl ~ted on the 2j',,.; day of Ot:~. t976, + .~ --+- '~' . , " Denotes Cut Stone Monument' ~otes'. square Iron Bo( 48"looq. NOI e/~Cf;r " /9/b Denotes 5Ia"sql,/ore Iron Bar 24 "'onq_ Denotes 3/4" round Iron ,Bar 24 If fong PL _ Denote splanted. . - "! ~ ~ ~,.:' . "- -~~--- -- - ---- --- SCHEDULE "B" .-- REFERENCE PLAN THIS IS SCHEDULE "B" to the Agreement between Darlington Industrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the day of 1978. / If! {3/LL iJ ~~Il-QUH~l. Marilyn Carswell THE CORPORATION OF THE TOWN OF NEWCASTLE, C "i r " c e SCHEDULE "c" CHARGES AGAINST SAID LANDS 1977 taxes and interest and penalties - NIL - THIS IS SCHEDULE "c" to the Agreement between Darlington Industrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the '.2.'~ day ofa~ 1978. I I Per: THE CORPORATION OF THE TOWN OF NEWCASTLE, per:~ ~ 3~ -7 May , . . ,-~ . SCHEDULE liD" GRANTS OF EASEMENTS TO BE DEDICATED The location of easements will be determined after the roads have been constructed and it is acknow- ledged and agreed by the Owners that the Town may require easements pursuant to paragraph 7 of the Agreement, but without limiting the generality of the foregoing the Owners will convey to the Municipality a drainage easement across Lot 42 Plan IOR-708, 20 feet in perpendicular width along the whole of the easeterly limit of the said Lot 42. e THIS IS SCHEDULE "D" to the Agreement between Darlington Industrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the ~6~ day of q..u..J."1 1978. LIMITED, Per: J IV: t5~f /I Y ..~ (I . ~ALPr ) ..1!nALJ l'o-I H. Marilyn Carswell _ , :::::=ZN;:2N OF NEWCASTLE, . Mayor ~ . SCHEDULE "E" . LANDS TO BE DEDICATED ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham, and being composed of parts of Lots 27 and 28, Broken Front Concession, Geographic Township of Darlington, (formerly in the County of Durham) and now described as Parts I, 5, 6, 16, 17, 20, 21, 26 and 27, according to Plan IOR-708. THIS IS SCHEDULE "E" to the agreement between Darlington In- dustrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the ~~t::i. day of q~ 1978. e DARLINGTON INDUSTRIALS LIMITED, THE CORPORATION OF THE TOWN OF NEWCASTLE, per~ #'~ ~ Mayor ' . . .' SCHEDULE "F" LANDS FOR PUBLIC HIGHWAY ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the Town of Newcastle, in the Regional Municipality of Durham and being composed of parts of Lots 27 and 28, Broken Front Concession, Geographic Township of Darlington, (formerly in the County of Durham), and now described as Parts II and 18, according to Plan IOR-708. e THIS IS SCHEDULE "F" to the agreement between Darlington In- dustrial Limited and Marilyn Carswell and The C::.:1,~ation of the Town of Newcastle dated the 2" ~ day of q 1978. DARLINGTON INDUSTRIAL~LIMITED, Per: C~~APd~ {I ~/L(~.J hAo u/--lil Marilyn Carswell THE CORPORATION OF THE TOWN OF NEWCASTLE, . Clerk . ,-~ SCHEDULE "G" WORKS REQUIRED r_ 1. STORM DRAINAGE SYSTEM The Owners agree to construct, install and maintain a complete storm drainage system to serve the said lands, including all ditches, culverts, swales and any other appurtenances and equipment in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. The Owners agree to produce Engineering Drawings to the satisfaction of the Director of Public Works. The Owners shall also, at no expense to the Municipality, arrange in a manner satisfactory to the Director, for the disposal of all storm water in and from the subdivision which may be obstructed by the Owners' development. II. ROADWAYS The Owners shall construct and install, to the satisfaction of the Director, and as according to the Town of Newcastle's Design Criteria and Standard Drawings, the following services on the streets shown on the Plan: e (a) the grading and paving of all streets; (b) the grading and paving of all driveways between the edge of pavement and property line, including the installation of la" diameter culvert; (c) the installation of street lighting on all streets; (d) the seeding and mulching of the ditches between the edges of the shoulders and the property line; (e) the supply and erection of all traffic signs and permanent street name signs. III. FENCING AND LANDSCAPING . The Owners agree to provide, erect and maintain fenc- ing according to the Town of Newcastle's Design Criteria and Standard Drawings, in the following locations: (a) fencing to a height of 4 feet on all lands abutting any residential and park land; - (b) landscaping on the 17 ~oot road widening along the Baseline Road. The landscaping will be Austrian Pine of a minimum height of 6 feet, and the trees will be planted in clumps of five (5) and each clump shall be spaced 20 feet apart. Deciduous trees (mapl~ or ash) will be planted between each clump; . e . . ,,- " - 2 - (c} deciduous trees (maple or ash) will also be planted abutting residential property. The trees will be a minimal heights 01 6 feet and spaced a maximum of 10 feet apart; (d) all trees planted must be under the super- vision of a horticulturist or nurseryman, and all trees must be guaranteed for one year from the date of planting; (e) the grading and seeding on Part I of Plan lOR-70S are to be to the satisfaction of the Director of Public Works. IV. EXTERNAL SERVICES The Owners agree to construct and install the follow- ing services out~ide of the P~an to the satisfaction of the Director and in accordance with the Town of Newcastle's Design Criteria and Standard Drawings: (a) the paving of the road allowance between Lots 26 and 27 from the extension easterly of the south limit of Part 18 Plan IOR-708, to the Baseline Road; (b) any ditching on both sides of that portion of the road allowance referred to in sub- paragraph (a) of this section; (c) ditching improvements as required along the Baseline Road abutting the roads. THIS IS SCHEDULE "G" to the Agreement between Darlington In- dustrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the 2'C(day o~~ 1978. I DARLINGTON Per: ~~ ~kJ LUdL, Marilyn Carswell THR_COREORATION OF_THE TOWN OF NEWCASTLE, ';,.-? per:~ ~~ ~ Mayor Clerk -~' SCHEDULE "H" UTILITIES REQUIRED . (I) ELECTRICAL SUPPLY SYSTEM The Owners shall arrange with the Bowmanville Public Utilities Commission and/or Hydro Electric Power Commission of Ontario for the design, provision and installation of an above ground/underground electrical supply system to serve the said lands, including all appurtenant poles/manholes, service connections, apparatus and equipment, in the locations as ~pproved by the Director. All electrical services are to be installed underground except where the Director and the appropriate public authority determine other- wise. (2) STREET LIGHTING SYSTEM .4t The Owners shall arrange with the Bowmanville Public Utilities Commission and/or Hydro Electric Power Commission of Ontario for the design, provision and installation of a complete street- lighting system to serve the said lands on behalf of the Municipality in whose ownership the system shall vest upon completion, including all appurt~ enant apparatus and equipment of such types and in such locations as approved by the Director. The Owners shall furnish written evidence satis- factory to the Director that such arrangements have been made prior to the issuance of any auth- orization to commence works. (3) TELEPHONE SYSTEM - The Owners shall arrange with the Community Telephone Limited and/or Bell Canada for the design, provision and installation of an above- ground/underground telephone system to serve the said lands, including all appurtenant poles/ manholes, service connections, apparatus and equipment, in the locations as approved by the Director. ;"... ....2 e ."',..... - 2 - . All telephone services are to be installed underground except where the Director and the appropriate public authority determines otherwise. THIS IS SCHEDULE "H" to the Agreement between Darlington In- dustrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the '2G,"'ct. day ofql..~ 1978. Per: z DARLINGTO i ~ ~---f'-O/v> lo~dl Mar1 yn Carswell ~ . e - . - . . " " SCHEDULE "I" DUTIES OF OWNERS' ENGINEER (I) DESIGN WORKS AND PRIVATE WORKS The Owners' Engineer shall design all of the Works. (2) PREPARE DRAWINGS, PLANS AND DOCUMENTS The Owners' Engineer shall prepare the follow- ing for the approval of the Director: .' (a) the Engineering Drawings; and (b) the General Grading and Drainage Plan; and (c) the Schedule of Work; and (d) the Works Cost Estimate. The approval of the Director shall not absolve the Owners or the Owners' Engineer of the responsibility for any errors or omissions in the ~bove drawings~ plans and documents. (3) REPRESENT OWNERS AND OBTAIN APPROVALS The Owners' Engineer shall act as the Owners' re- presentative in all matters pertaining to the construction and installation of the Works and shall co-operate with the Municipality to obtain the necessary approvals for constiuction and installat- ion. (4) PROVIDE RESIDENT SUPERVISION The Owners' Engineer shall provide fully qualified supervisory,' layout and inspection staff to provide continuous service during all phases of the con- struction and installation of the Works and to perform the following: (a) check field layout including the checking of line and grade as laid out by the contractors and, where required, restaking; and (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; and (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Director; and ....2 . e e e " ,,,~' - 2 - (d) provide co-ordination and scheduling of the construction and installation in accordance with the timing provisions contained herein, and the requirements of the Director; and (e) investigate and report to the Director any unusual circumstances which may arise during construction ahd installation; and (f) obtain field information during and upon com- pletionof the construction and installation 'required to modify the Engineering Drawings to produce the As-constructed Drawings. (5) MAINTAIN RECORDS The Owners' Engineer shall maintain all records pertaining to the construction and installation. (6) PROVIDE PROGRESS REPORTS The Owners' Engineer shall piovide the Director with reports on the progre~s of the construction and installation on a monthly basis, or at such other interval as approved by the Director. (7) PREPARE AS-CONSTRUCTED DRAWINGS The Owners' Engineer shall prepare the As-constructed Drawings for the approval of the Director. THIS IS SCHEDULE "I" to the agreement between Darlington In- dustrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, da ted the .A ~ t:< day ofq ~ 1978. Per: ~/{~/r) ,&LJ {~v~-1, Marilyn Carswell THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: /;;e;~ ~/ Mayor SCHEDULE"J" . COST ESTIMATE Rough Grading $ 3,400.00 "B" Gravel 17,000.00 "A" Gravel 5,600.00 Asphalt 25,000.00 Sod Ditches 4,000.00 $ 55,000.00 e THIS IS SCHEDULE "J" to the Agreement between Darlington In- dustr~al Limited and~Marilyn Carswell and The Corporation of the Town of Newcastle, dated the ::?6d.. day of. CJ~ 1978. -, I DARLINGTON $!!~/~ Per: ~AA1r) f;a/lo/~il. Marilyn Carswell THE CORPORATION OF THE TOWN OF NEWCASTLE, e &,v ~ ----- ----. e ,"'1"'- SCHEDULE "K" . INSURANCE POLICIES REQUIRED (I) TYPE OF COVERAGE REQUIRED The Owners shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipal Treasurer and Quly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Municipality against all damages or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; and (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other ihings used to construct or in- stall any of the Works or any of the Utilities or any part or parts thereof respectively; and e (c) any injury to any person or persons including workmen employed on the said lands and the public; and (d) any loss or damage that shall or m~y result from the storage, use or handling of explosives; and (e) any loss or damage that shall or may result from the drainage nf surface waters on or from the said lands; and (f) any loss or damage that shall or may result from the disposal 0 f ef f luen t 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 ind~rectly by reason of the Owners undertaking the development of the said lands together with any or all of the Works and Utilities pertaining thereto. e (2) AMOUNTS OF COVERAGE REQUIRED The policy or policies of insurance shall be issued jointly in the names of the Owners and the Municipality and shall provide the following minimum coverages: e (a) $500,000.00 for loss or damage result from bodily injury to, or death of, anyone person; and (b)I,OOO,OOO.OO for loss or damage resulting from bodily injury to, or death of, two or more persons arising out of the same accident; and ....2 - 2 - (c) $500,000.00 for anyone occurrence of property damage. . The issuance of such policy or policies of insurance shall not be construed to relieve the Owners from responsibility for other or larger claims for which it may be held responsible. (3) EXEMPTIONS OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; and (c) any collapse or subsidence of any building, structure or land from any cause; or e (d) any storage, handling or use of explosives. THIS IS SCHEDULE "K." to the Agreement between Darlington In- dustrial Limited and Marilyn Carswell and Theq Cr oration of the Town of Newcastle, datedi the .:< 6~ day 0 ~ 1978. I ~M.:t~~-t" (jH H. Marilyn Carswell e THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: e SCHEDULE "~,, .. REGULATIONS FOR CONSTRUCTION - (I) REQUIREMENTS FOR BLASTING The Owners shall, prior to commencing any blasting, obtain from the Director, permission to carry out the blasting operation. (2) REMOVAL OF TOP SOIL The Owners shall not remove any top soil from the said lands except for construction purposes and such top soil must remain within the limits of the said lands unless otherwise approved by the Municipality. (3) DUMPING OF FILL OR DEBRIS e The Owners agree to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed, any fill from any lands to be dedicated to the Municipality, other than the roads within the limits of the said lands, without the written consent of the Director. (4) DISPOSAL OF CONSTRUCTION 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 Owners and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owners agree to deliver a copy of this clause to each and every builder obtaining a building permit for any part of the said lands. (5) QUALITATIVE AND QUANTITATIVE TESTS The Owners agree that the Municipality may have -qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be paid by the Owners. e (6) MAINTENANCE, CLOSING OR USE OF EXTERNAL ROADS The Owners shall, at all times during the life of this Agreement, ensure that all public roads abutting the said lands and all public roads used for access to the said lands, during any construction on the said lands, shall be maintained i~ a condition eq~al t~that now exist~ng and to the approval of the Dir ec tor-:lf damaged.' ,the Owners agree to restore immediately, and at their expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Director. No public road outside the limits of the said lands shall be closed with- out the prior written approval of the authority having e ....2 ,,' " - 2 - ~ jurisd~ction over such public road. The Owners agree 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 allow- ance. e (7) MAINTENANCE OF INTERNAL ROADS The Owners 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 ba~e course and repair and replace such base course, where necessary, to the approval of the Direetor 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) CLEANING OF STREETS e Any debris or mud deposited on any street within the development, or on any abutting streets adjoining the development, by traffic from the development during the construction of the municipal services, shall be removed immediately and if the same is not removed the Municipality may on one day's notice to the Owners, remove the same, at~the Owners' expense. The Owners shall at all tim~s during the construction of the municipal services keep the streets and boulevards in the developmentHclear and free of all materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. THIS IS SCHEDULE "L" to the Agreement between Darlington In- dustrial Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the ;z.6~ day of CJ _;~ 1978. ' I ----J Per: e ~~A'{~ /'4.A-Ql"~.I.I, Marilyn Carswell THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: / /~ ~-<- ~ -/ Mayor ' e . . e e . , . . SCHEDULE "11" ,-~ USE OF SAID LANDS 1.1 Permitted Uses - No person shall use any of the lands, or erect, alter, or use any building or structure on such lands for any purpose except in accordance with the following provisions: (I) an assembly, bottling, processing, manufacturing or incidential use, carried out within a wholly enclosed building or structure except abnoxious uses, which uses shall include those uses more particularly described as follows: - an arsenal; - asphalt production; - livestock sheds and pens or stock yards; - cement, lime or sulphate works; - coke manufacturing; - garbage incineration; - commercial garbage disposal operation, including any vehicles or equipment used in such operation, but not including those accessory or incidental to a use permitted in the defined area; - extraction of oil from fish; - manufacturing, refining or processing of hydro cloric acid, nitric acid, picric acid, sulphuric acid or any sulphtirous ac~d; - manufacture or storage of explosives or fire works; - wool pulling or wool scouring; blood boiling; - bone boiling; - refining coal oil or petroleum products; - extracting oil or,petroleum products; - storing hides; - abattoir or commercial slaughterhouse; - a piggery; - tallow melting; - soap boiling; - tripe boiling; - tanning hides or skins; - manufacturing gas; - manufac~uring glue; - commercial manufacturing of fertilizers from dead animals or from human or animal waste; - a track for the racing of motor vehicles or motor cycles or of go-carts; ...,2 . . '. e t (ii) - 2 - ,-~ a junk yard, salvage yard, automobiie wrecking yard, or the collection, storage or sale of junk, salvage, partially or completely dismantled motor vehicles or trailers, or parts of motor vehicles or trailers; - locating or storing on any land for any pu~pose whatsoever any disused railroad car, street car body, truck body, or trailer without wheels, whether or not the same is situated on a foundation; _ any use is prohbiited which from its nature or the materials used therein is declared under The Public Health Act or any Regulations adopted ther~under to be a noxious trade, business or manufacture; _ any other use that fails to comply with the follow- ing standards of performance: Type of Emission Maximum Emission Permissable (a) Noise Imperceptible at any point on any lot line (b) odours, Toxic or corrosive Ga'ses Nil (c) Vibration Imperceptible outside the building (d) Glare -and-Heat Impercep~ible outside the building (e) Electromagnetic Imperceptible outside the building - (f) Sanitary Sewage To the capacity of the sanitary sewage disposal system approved by The Durham Regional Health unit and provided that no dis- charge of effluent shall flow out- side the boundary of the lot either above or below ground (g) Water and Fluids Water or fluids of any nature or kind used in any way in any process undertaken upon any lot shall be discharged into a re- ceptacle designed for their':- containment and in no event shall such water or fluids'be discharged freely either above or below ground upon such lot and no water or fluids shall flow outside the boundary of .the lot either above or below ground, ,except through a municipally installed sewage system a warehouse for the storage of goods and material within a wholly enclosed structure, except explosives, fireworks, live animals, hides, tripe4 garbage, refuse, human or animal waste, or anything which from its nature is declared under The Public Health Act or any Regulation adopted thereunder to be noxious. --- ....3 .. . . . . .. . - 3 - ,,- (iii) a retail store or service shop accessory or incid- ental to a use permitted in the defined area, pro- vided such retail store or service shop shall not occupy greater than 20 per cent of the total gross floor area of the building or structure. 1.2 Lots adjacent to Highway 401 - No person shall use any lot or erect, alter or use any building or structure any part of which lies within 500 feet of the centre line of Highway 401, except in accordance with the following. provisions: (a) Ground Floor Area (Minimum) - 10,000 square feet (b) External Design: (i) all plans and specifications~for~all'buildings and structures shall be designed in accordance with accepted architectural principles, and approved by Council, such approval not to be unreasonably withhela. (ii) the exterior of the wall or walls of any build- ing or structure facing Highway 401 and the ad- joining two side walls of such building or structure shall be of brick, stone, architectural block, or glass construction, provided that the following facing materials may be used to a max- imum of 40 percent of the total surface area of each wall: - stainless steel; - decorative glazed terra cotta; - ceramic veneer; - precast stone or concrete panels; - aluminum; - bronze; - steel with protective glazed enamel or porcelain finish; - asbestos siding and/or wood fences, doors and fascias. 1.3 Parking - For every building or structure to be erected or altered one parking space shall be provided and maintained upon the same lot on which the principal use is located for every 500 square feet, or fraction thereof, of the total aggregate floor area, or fraction thereof, of the total aggregate floor area of all storeys of all buildings on a lot, including the floor area of any basement but not any cellar or subcellar, provided that parking in the front yard and exterior side yard shall be limited to one space for every 2,000 square feet of gross floor area of any structure or building erected on the lot, and no portion of any parking lot in any front yard or exterior side yard shall be closer than 8 feet to the front lot line or exterior side lot line. ....4 . .." .. . . . . , .-- - 4 - 1.4 Outside storage - Save and except parking, all permitted uses and other operations, incidental thereto, including storage, shall be carried on within the confines of a building. A storage area with roof but without side walls may be permitted up to the ground floor area of the building, provided that any exposure thereof to a public roadway shall be adequately screened. 1.5 More restrictive by-law to govern - In the event that any of the-provisions rif-apy:restri~ted' ar~a by-law passed by the Town impose greater restrictions upon the use of the lands than contained in this Schedule, then such greater restrictions shall govern the use of the lands. THIS IS SCHEDULE "M" to the Agreement between Darlington In- dustrical Limited and Marilyn Carswell and The Corporation of the Town of Newcastle, dated the '26i:1.. day o~~ 1978. I --, ~~hL(dI~, Marilyn Carswell THE CORPORATION OF THE ,TOWN OF NEWCASTLE, , AMENDED MARCH 1972 Dye & Durham limited - Toronto. Canada AFFIDAVIT OF SUBSCRIBING WITNESS Form No, 347 .. I, JOSEPH C. VICTOR, of the City of Oshawa, in the Regional Municipality of Durham, Solicitor, make oath and say: I am a subscribing witness to the attached instrument and I was present and saw it executed at the City of Oshawa by Marilyn Carswell. .See footnote .See footnote I verily believe that each person whose signature I witnessed is the party of the same name referred to in the instrument. SWORN before me at the Ci ty of Oshawa, in the Regional Municipality of Durham, this l8thday of May, 19 78. . . Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add "after the instrument had been read to him and he appeared fully to understand it". Where executed under a power of attorney insert "(name of attorney) fI3 attorney for (name of party)"; and for next clause substitute "1 verily believe that the person whose .ignature 1 witne..ed wa. authorized to execute thc instTtlment as attorney for (name)", MARCH. 1979 AFFIDAVIT AS TO AGE AND SPOUSAL STATUS I/W~ MARILYN CARSWELL, of the Town of Newcastle, in the Regional Municipality of Durham, · If attorney see footnote make oath and say: When I executed the attached instrument, " I!'fN!f!}' wa s at least eighteen years old, . Within the meaning of section 1(f) of The Family Law Reform Act. 1978:- Strike out inapplicable clauses. a) I was a spouse. This is not a matrimonial home, as provided under Section 42(3) ~-~~~~~~M~ft~~, of The Family Law Reform Act, 1978. et- -waS-ffiY-~. "Not a Matrimonial Home, etc. see footnote. Resident of Canada. etc. . ~i!l=~ SWORN before me at the of Oshawa, in the Regiona Municipality of Durham, City this 31 day of Y11-()UIA),"r) ,_~--a.A-'o UJ--e/1. .Where affidavit made by attorney substitute: "When 1 executed the attached instrument as attorney for (name), he/she was (spousal Btat.... and. if applicable. name of spOUBe) ",ithin the meaning of Section 1(/) of The Family Law Reform Act. 1978. qnd when he/she executed the power of attorney, he/she had attained the age of majority", "Where spouBe does not ioin in <>T ClfflBe1,t. Bee Secti"", ~2(3) of The Family La1fJ Reform Act.t978 (or complete separa.te alfida,,;t), ...... __1f-... ....... P 0-1:::0.... :::s 0<11 0> ~ -r-Z :1 ir ~ ,!!:!, is. (")0>0 ... ell m:::l . ~ -, ... 0 00'" '!:::. ;:co. . -'< :::!~ 0 20 ~ <11= "T1OQ ~ -, -<-. ~' &l~ s:~ Ql '< ~ - Ci' U> _0 ~ ::r -. ~ ", (i)' :5. ;d ell -U -'0' I~ ~:::l '""'== 1--'0 ~o .....0 ,..... c: - ~t? 32 C) f CD (1) - ~~ -......J c.o g -' -'0> N <Ilell CO ...- (1)- L-r-J 2S' ~.~ ~ ell 2 S"o 0 ... . - CD.... e= t i C\.o iii" Ql- <Il ;II ... 0 is - ""-DArED: . .,'" 't ''- , ., ." ,",,', .-. .. . ~ . BET WEE N: .. ~ DARLINGTON INDUSTRIAL LIMITED and MARILYN CARSWELL and THE CORPORATION OF THE TOWN OF NEWCASTLE :._~._J . DEVELOPMENT AGREEMENT . ..... SIMS MORTON McINERNEY & BRADY, Barristers and Solicitors, 117 King Street, Whitby, Ontario .