HomeMy WebLinkAboutPD-75-93
THE
DN: AGREE. GPA
OF THE TOWN OF
File #: PLN 30.1
C{
Meeting: General Purpose and Administration Committee
Date: Monday, May 3, 1993
File #
PD-75-93
#:
#
Subject: MODIFICATIONS TO THE TOWN'S SUBDIVISION AGREEMENT
TOWN OF NEWCASTLE
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-75-93 be received;
2. THAT Council endorse the core subdivision agreement and authorize
the Director of Planning and Development, the Director of Public
Works and the Director of Community Services to make the minor
changes to the core agreement from time to time;
3. THAT the request from Mr. Gervais and Mr. Armoyan for relief of
certain provisions of their respective subdivision agreement be
considered through amending agreements consistent with the
principles of the core subdivision agreement and that the cost of
any amending agreement be borne by the developers; and
4. THAT a copy of Staff Report PD-75-93 and the decision of Council be
forwarded to Mr. Reg Webster on behalf of the sub-committee
representing various developers, the Urban Development Institute
and the Durham Home Builders Association, and to Mr. Gerard Gervais
and Mr. George Armoyan.
1 . BACKGROUND
1.1 Council and Staff have been approached on several ,occasions by the
Development Industry, requesting the Town's consideration and
modifications to the Town's subdivision agreement. Two of the most
recent delegations that have appeared before Council being Nor-Arm
Developments (10M-837 and 10M-838) and Sandbury Building
Corporation (10M-839) involve agreements which have been executed,
registered on title and are nearing their final completion as it
would relate to the "workc" contained within each respective
agreement. Staff would note that in each instance, the developer
~) 4 6
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RECYCLED PAPIER
PAPER RECYCLE
THIS IS PflllHEDON IlECYCLED PAPER
REPORT NO. PD-75-93
PAGE 2
was requesting Council's consideration for relief from the
provisions of their respective subdivision agreements, specifically
wi th respect to the release or reduction of letters of credit
pertaining to street lighting and road maintenance provisions.
1.2 Mr. Reg Webster on behalf of a Committee representing 28
developers, the Urban Development Institute (UDI) and the Durham
Home Builders Association (DHBA) submitted a letter containing some
35 suggested revisions to the Town's subdivision agreement.
1.3 Committee and Council, in consideration of the delegations,
respectfully referred each request to the Chief Administrative
Officer for co-ordination amongst the appropriate staff and
preparation of a staff report to be submitted to the General
Purpose and Administration Committee.
2 STAFF COMMENTS
2.1 In consideration of the written submissions provided by the
Development Industry and their respective Engineering Consultants,
and as well as drawing upon the Town's own experiences in dealing
with agreements over the past few years, a new draft agreement has
been prepared. A copy of this agreement has been provided to the
Members of Committee under separate cover.
2.2 A meeting was arranged and held on April 7, 1993 at which time
staff met with the development industry representatives to discuss
the content of the draft agreement. The draft agreement
incorporated changes to a number of relevant sections and schedules
as contained within the Town's previous subdivision agreement.
2.3 In discussing the content and degree of changes proposed with the
development industry representatives the following items were
highlighted:
.....3
547
REPORT NO. PD-75-93
PAGE 3
2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
2.3.8
section 5.3 - The "Owners' Engineer" and specifications of his
duties outlined in Schedule "I" including additional
responsibilities in the areas of certification of Works and
quality management.
section 5.5 - The ownership of the Engineering Drawings and
the information required to be shown on the engineering
drawings.
section 3.12 and 3.13 - provisions respecting the Performance
Guarantee and Maintenance Guarantee and reduction or release
of these securities.
A re-organization of the components of the "Works" including
a substantial revision to Schedule "G" and restructuring of
the Maintenance Periods for each of the components.
section 5.17 Substantial changes to paragraph 5.17
(Incomplete or Faulty Works and Liens) dealing with remedies
with the Town in the event of breach or failure to perform by
the Owner.
section 5.20 - Paragraph 5.20 dealing with the dewatering of
wells will be applicable for estate residential development
only.
section 4.1 - Postponement of the preparation and approval of
the Tree Preservation Plan until the approval of the
"Engineering Drawings" and the approval of all three
Directors, the Director of Planning and Development, Director
of Public Works and Director of Community Service.
section 5.12 - Provisions dealing with inspections and stop
.....4
[48
J
REPORT NO. PD-75-93
PAGE 4
2.3.9
2.3.10
2.3.11
2.3.12
2.3.13
2.3.14
2.3.15
section 5.22 - Revisions to the timing at which the Town
assumes the cost of street lighting and snow ploughing and to
the applicable maintenance periods.
section 5.24 - Revision to the requirements for the issuance
of a certificate of Acceptance of Works.
section 4.10 - Revisions to the of applicable provisions
related to the Occupancy of Dwellings.
section 3.8 - Revisions to Indemnification of Town.
Article 6 - Introduction of new requirements to secure a proof
of compliance with the Occupational Health and Safety Act and
the Workers Compensation Act.
Introduction of provision in Schedule "L" to permit the Town
to cause the removal and disposal of construction garbage or
debris from the Lands at the cost of the Owner if the Owner
fails to do so after notice is given.
Revisions to the levy payment schedule "D" re: timing of
collection as endorsed by Council recently will be
incorporated in the draft core subdivision agreement.
2.4 Arising from the discussions, mutually agreed upon changes were
noted and incorporated within the draft agreement. However, the
following issues as submitted by the Development Industry have not
been included in their entirety within the proposed agreement:
2.4.1 section 2.7 (2) - "Lands for School Purposes" - this provision
stipulates that if the appropriate school board does not wish
to acquire a school block as shown on a draft plan, then the
Town has an option to acquire same. 'l'he development industry
claimed that the Town may gain financially since the value of
. . . . . 5
549
REPORT NO. PD-75-93
PAGE 5
2.4.2
2.4.3
2.4.5
the land negotiated with the school board is always below
market value, and therefore the Town should not be given the
option to purchase. Staff cannot agree with this request
because the development of park and school blocks have
historically been completed jointly by the Town and the
respective school board. The Town must retain the option of
acquisition to allow for greater flexibility in park planning
and development.
Section 3.16 "Occupancy Permit Deposit" - requested to not
increase the occupancy deposit, delete the reference to
Building code requirements for occupancy and change the name
of the section to "Lot Grading Deposit". It is staffs
position that the changes proposed to the agreement are not
warranted. The need for an increase in the occupancy deposit
is to ensure the Town has sufficient financial security to
guarantee lot grading. The requirement ensuring that the
final occupancy inspection pursuant to the ontario Building
Code is carried out before an Occupancy Permit is issued under
the terms of the Subdivision Agreement provides the Town and
the purchaser with the assurance that the home has received
all necessary approvals and Staff cannot agree to the deletion
of this requirement.
Schedule "J" -The submission of the appropriate letters of
credit requires the G.S.T. to be include within the
calculations. The Development Industry requested its
deletion from the schedule. Staff does not concur, however
has revised this portion of Schedule "J" to be referenced as
the "G.S.T. allowance". This will permit the portion of the
G.S.T. that is available to the Town to be included in the
letter of credit calculation.
Schedule "L" - Paragraph H.3 - "Qualitative and Quantitative
Tests" - the development industry requested that this
.....6
550
REPORT NO. PD-75-93
PAGE 6
2.4.6
3.
3.1
provision be deleted. It is staffs position this provision is
necessary to ensure quality control in the installation of the
Works.
schedule "w" _ the development industry requested revisions
to this schedule. It was suggested that a revised schedule
would be provided. staff would note that a schedule was not
received at the time this report was prepared. Nevertheless,
staff are satisfied that the schedule included in the
agreement which was previouslY endorsed by the Home Builders
Association is sufficient in providing the Development
Industry flexibility in architectural control standards.
CONCLUSION
The subdivision agreement is a very complex document and a lot of
staff time has been expended on arriving at the current proposed
core agreement. We have incorporated many changes as proposed by
the development industry and we have met and consulted with them on
many occasions. In reviewing the suggested changes from the
development industry, staff is always cognizant of the fact the
Town needs to be flexible and yet at the same time to have
appropriate provisions to protect the Town's interest as well as to
protect the residents in the new subdivisions. For this reason,
not all the suggested changes from the development industry are
incorporated.
3.2
The proposed changes to the subdivision agreement would not be
applicable to all existing agreements and their respective
provisions are to be honoured and implemented to their conciusion
as envisioned within each agreement with the exception of the
requests made previouslY to council by Mr. Armoyan of Nor An
Development and Mr. Gervais of Sandbury Builders corporation fOl
relief of certain provisions of their respective agreements whicl
could be concidered 'through amending agreements that are consisten
with the principles of the core subdivision agreement and that th
cost of any amending agreement be borne by the developers. .....
55 'I
REPORT NO. PD-75-93
PAGE 7
3.3 Staff are of the opinion that the changes to the core agreement are
appropriate and beneficial to the continued development of lands
within the Town of Newcastle and therefore request Council to
endorse the core agreement. Over time, minor changes may be
required to the core subdi vision agreement. In order to
facilitate this in a quick and effective manner it is proposed that
the Directors of Planning and Development, Public Works and
Community services be authorized to make all these minor changes to
the core agreement.
Respectfully submitted,
Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P.
Director of Planning
and Development
Lawrence E. Ko
Chief Administ
Officer
/~jUI1~
, Walter Evans P.Eng
Director of Public Works
J eph Caruana
Director of Community Services
LDT*FW*WE*JC*cc
*Attach
28 April 1993
iJ 52
THE CORPORATION OF THE TOWN OF NEWCASTLE
Memorandum
ON: MAYOR
To:
Mayor Diane Hamre & Members of Council
From:
Franklin Wu, M.C.I.P., Director of Planning & Development
Date:
Subject:
26 April 1993
TOWN OF NEWCASTLE - SUBDIVISION AGREEMENT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - MAY 3, 1993
STAFF REPORT PD-75-93
The attached core Subdivision Agreement is provided for your information and
perusal in conjunction with your review of Staff Report PD-75-93 scheduled for
Committee's consideration on May 3, 1993 meeting.
Inasmuch as a copy of the agreement is being provided under separate cover
and not as an attachment to Staff Report PD-75-93, you may wish to bring it to
the General Purpose and Administration Committee meeting on May 3, 1993.
cJ r <:!J-OJ! ~~ 1-/>JJJl'--'
Frank
*jip
DRAFT #8
April 23, 1993
THIS AGREEMENT made in quintuplicate as of this _ day of , 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
- and -
NAME OF PARTY
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
ARTICLE
1.1
1.2
1 . INTERPRETATION AND SCHEDULES . . . . . . . . . . . . . . . . . . . .. 3
Definitions .. ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3
Schedules .............................................. 9
ARTICLE 2. GENERAL ...........................................
2.1 Recitals in Operative Part of Agreement ......................
2.2 Certification'of Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.3 Copy of Plan and Agreements Required ......................
2.4 Transfer of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.5 Transfer of'Lands .......................................
2.6 Registration of Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.7 Lands for School Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.8 Charge on Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.9 Registration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.10 Renegotiation and Amendment of Agreement. . . . . . . . . . . . . . . . . .
2.11 Town to Act Promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.12 Assignment of Agreement .................................
2.13 Replacement of Draft Plan with Final Planes) ..................
2.14 Notification of Owner ....................................
2.15 Successors......."......................................
ARTICLE 3. FINANCIAL ..........................................
3.1 Payment of Taxes .......................................
3.2 Payment of Local Improvement Charges ......................
3.3 Payment of Drainage Charges ..............................
3.4 Payment of Development Charges . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.5 Cash in Ueu of Land Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.6 Performance Guarantee Required ................ . . . .. . . . . : .
3.7 Use of Performance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.8 Indemnification of Town . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
3.9 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.10 Maintenance Guarantee Required. . . . . . . . . . . . . . . . . . . . . . . . . . .
3.11 Use of Maintenance Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.12 Reduction and Release of Performance Guarantee ..............
3.13 Reduction l:'nd Release of Maintenance Guarantee ..............
3.14 Payment of Town's Costs. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
3.15 Unpaid Monies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............................... .
10
10
10
10
11
12
12
12
13
13
13
15
15
15
16
16
16
16
16
17
17
17
18
19
19
19
19
20
21
22
22
23
23
ii
ARTICLE 4. PLANNING. . .... .. . .. .. .. ... . .. . .... . ..... .. . .. ... . .. 25
4.1 Tree Preservation Plan ................................... 25
4.2 Landscaping Plan and Landscaping Requirements ............... 25
4.3 Use of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
4.4 Lands Unsuitable for Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
4.5 Lands Requiring Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
4.6 Requirements for Building Permits .......................... 28
4.7 Model Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
4.8 Architecturp.l Control Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
4.9 Requirements for Sale of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
4.10 Requirements for Occupancy Permit ......................... 33
4.11 Cash in lieu of Lands for Park or Other Public Recreational
Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
4.12 Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
ARTICLE
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5 . PUBLIC WORKS. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .
Town Works Required ...................................
Utilities and Services Required .............................
Owner's Engineer .......................................
Design of Works ................................. . . . . . . .
Engineering Drawings ................. . . . . . . . . . . . . . . . . . . .
Approval of Grading and Drainage Plan ........... " . . . . . . . . . .
Staging of Construction .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Schedule of Works. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Works Cost Estimates and Stage Cost Estimates. . . . . . .
Requirements for Authorization to Commence Works ............
Requirements for Commencement of Subsequent Stages of Works. . .
Inspection and Stop Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction in Accordance with Engineering Drawings . . . . . . . . . . .
Sequence of Construction of Works . . . . . . . . . . . . . . . . . . . . . . . . . .
Completion Time for Construction of Works ...................
Additional Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incomplete or Faulty Works and Liens .......................
Acknowledgement Respecting Emergency etc. Repairs . . . . . . . . . . . .
Damage to Existing Services ...............................
Damage to Neighbouring Wells (Rural Application Only) .........
Use of Works by Town ...................................
Maintenance of Roads after Completion ......................
Requirements for Certificate of Completion . . . . . . . . . . . . . . . . . . . .
Requirements for Certificate of Acceptance . . . . . . . . . . . . . . . . . . . .
35
35
36
36
37
38
39
39
40
40
41
44
44
44
45
45
45
46
48
48
48
50
50
51
52
ill
5.25 Ownership of Works by Town. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
5.26 Requirements for Certificate of Release ...................... 53
5.27 Not Used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
5.28 Cost of Works Referred to in Schedule "G" .................... 53
ARTICLE 6 . COMPLIANCE WITH REGULATIONS .................... 54
ARTICLE 7 . RESPONSIBILITY OF SUBSEQUENT OWNERS . . . . . . . . . .. 54
ARTICLE 8 . TIME OF ESSENCE ................................. 55
ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT
55
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
SCHEDULES TO AGREEMENT
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
"Lands to be Transferred to Town and/or Cash to be Paid in
Lieu Thereof'
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used
"Landscaping Plan" (reduction)
" "Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "G"
Schedule "R"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule "T"
Schedule "u"
Schedule "V"
Schedule "W"
Subdivision Agreement
Page 2
THIS AGREEMENT made in quintuplicate as of this
day of
, 1993.
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the. "Town")
OF THE FIRST PART
- and -
NAME OF PARTY
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS:
A. The lands. owned by the Owner which are affected by this Agreement are
described in Schedule "A" hereto, and are hereinafter called the "Lands";
B. The Owner represents and warrants that it is the registered Owner of the
Lands in fee simple absolute;
C. The Owner represents and warrants that there are no mortgagees or chargee
of the Lands;
D. The Owner has received the approval of the Regional Municipality of
Durham, to draft Plan of Subdivision 18T-_ of the Lands subject to compliance with
certain conditions thereto including the making of Subdivision Agreements with the Region
and the Town, respectively;
E. The Owner has applied to the Region for approval of a final Plan of
Subdivision of the Lands and to the Region and the Town, respectively, for the making of
the aforesaid Subdivision Agreements;
Subdivision Agreement
Page 3
F. The Owner represents. and warrants that it has 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 and services referred to in Schedule "H" and hereinafter called the "Utilities and
Services";
G. The Owner represents and warrants that it will enter into Agreements with
the Region and the Town to satisfy their respective requirements, financial and otherwise
in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision
18T-_;
H. This Agreement is made pursuant to the provisions of Subsection 51 (6) of the
Planning Act and is authorized by By-law 93-_ passed on 1993.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of
Canada, now paid by each Party to the others (the receipt whereof by each Party is hereby
acknowledged), the Parties hereto covenant and agree to and with each other as follows:
ARTICLE 1- INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Applicant" means an individual, an association, a partnership or
corporation who applies for the necessary building permits for the lots or
blocks covered by this Agreement.
(b) "Appropriate Authority" means the Town, the Region, a Ministry of the
Crown in right of Ontario or other authority or agency considered to be
appropriate for the purpose by the Director.
(c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3.16(1)
of this Agreement.
(d) "Authorization to Commence Works" has the meaning assigned to it in
palaglaph 5.10 of this Agreement.
Subdivision Agreement
Page 4
(e) "Building Code Act" means the Building Code Act RS.O. 1990 c. B. 13, as
it may be amended or replaced from time to time.
,
(f) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24
of this Agreement.
(g) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23
of this Agreement.
(h) "Certificate of Release" has the meaning assigned to in it paragraph 5.26 of
this Agreement.
(i) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(j) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c.
C.30 as it may be amended or replaced from time to time.
(k) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Schedule "G" of this Agreement.
(1) "Conncil" means the Council of The Corporation of the Town of Newcastle.
(m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this
Agreement.
(n) "Development Charge" has the same meaning as is assigned to the term in
the Development Charges Act RS.O. 1990, c. D.9.
(0) "Development Charge By-law" means Town By-law 92 - 105 as it may be
amended or replaced from time to time, and the term includes a successor
by-law to By-Law No. 92-105 which is passed under subsection 3(1) of the
Development Charges Act.
(p) "Development Charges Act" means the Development Charges Act, RS.O.
1990 c. D.9, as it may be amended or replaced from time to time.
(q) "Director" means the Director of Public Works of the Town of Newcastle
01 his designated representative.
Subdivision Agreement
Page 5
(r) "Directol\ of Community Services" means the Director of Community
Services or his designated representative.
(s) "Director of Planning" means the Director of Planning and Development
of the Town of Newcastle or his designated representative.
(t) "Drainage Act" means the Drainage Act R.S.O. 1990, c. D. 17 as it may be
amended or replaced from time to time.
(u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of
this Agreement.
(v) "Final Works" has the meaning assigned to it in. Schedule "G" of this
Agreement.
(w) "First Application" has the meaning assigned to it in Schedule "D" of this
Agreement.
(x) "First Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(y) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this
Agreement.
(z) "Second Excess Payment" has the meaning assigned to it in Schedule "D"
of this AlP"eement.
(aa) "Third Excess Payment" has the meaning assigned to it in Schedule "D" of
this Agreement.
(bb) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this
Agreement.
(cc) "Grading and Drainage Plan" has. the meaning assigned to it in paragraph
5.6 of this Agreement.
(dd) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
Subdivision Agreement
(rom)
(un)
(00)
(Pp)
(qq)
Page 6
(ee) "Land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
(ff) '.'Lands" has the meaning assigned to it in Recital A of this Agreement.
(gg) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of
this Agreement.
(hh) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
(ii)
"Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
(jj)
"Minister" means the Minister of Municipal Affairs, Ontario.
(kk)
"Monitoring Program" has the meaning assigned to it in paragraph 5.20(1)
of this Agreement.
(11)
"Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of
this Agreement.
"Occupancy Permit Deposit" has the meaning assigned to it in paragraph
3.16(1) of this Agreement.
"Occupaf;\.cy Permit Scale" has the meaning assigned to it in paragraph
. ,
3.16(2) o( this Agreement.
"Occupational Health and Safety Act" means the Occupational Health and
Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from time
to time.
"Owner" means the Party of the Second Part to this Agreement, its
successors and assigns and when used to refer to a successor or assignee of
such Party, or to another person, an owner includes an individual, an
association, a partnership or a corporation.
"Owner's Engineer" means a consulting civil engineer experienced in
performing the duties set out ill Schedule "I" of thIS Agreement who or
Subdivision Agreement
Page 7
which is a partnership, association of persons or a corporation that holds
a certificate of authorization, in their or its own name to practice
professional civil engineering and is a licensed to do so under the
Professional Engineers Act R.S.O. 1990 c. P.28 as it may be amended from
time to time provided that the Owner's Engineer shall not be the Owner,
or an officer, director, shareholder or employee of the Owner.
(rr) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6
of this Agreement.
(ss) "Planning Act" means the Planning Act R.S.O. 1990 c. P. 13 as it may be
amended or replaced from time to time.
(tt) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(uu) "Reapproved Grading and Drainage Plan" has the meaning assigned to it
in paragraph 5.6 of this Agreement.
(vv) "Region" means The Corporation of the Regional Municipality of Durham.
(ww) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(xx) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(yy) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this
Agreement.
(zz) "Security for the Maintenance Guarantee" has the meaning assigned to it
in paragraph 3.10(2) of this Agreement.
(aaa) "Solicitor" means the Solicitor for the Town.
(bbb) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
Subdivision Agreement
Page 8
(ccc) "Staging Plan" means the staging plan for the Lands approved by the
Directorlof Public Works pursuant to paragraph 5.11 of this Agreement.
(ddd) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(eee) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(fff) "Street Lighting System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(ggg) "Temporary Occupancy Permit" has the meaning assigned to it paragraph
4.10(2) of this Agreement.
(hhh) "Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it
may be amended or replaced from time to time.
(ill) "Town" means The Corporation of the Town of Newcastle or any official,
designated by Council to administer the terms of this Agreement.
Gjj) "Treasurer" meanS the Treasurer of the Town or his designated
representative.
(kkk:) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1(1)
of this Agreement.
(lll) "Utilities and Services" means the utilities and services referred to in
Schedule "R" of this Agreement.
(mmm) 'Works" has the meaning assigned to it in paragraph 5.1 of this
Agreement.
(nun) 'Workers' Compensation Act" means the Workers' Compensation Act
R.S.O. 1990, c. W.11 as it may be amended or replaced from time to time.
(000) 'Works Cost Estimates" has the meaning assigned to it in paragraph 5.9 of
this Agreement.
Subdivision Agreement
Page 9
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the words
"at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and the m~culine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would be
the case if they were set out in the text of this Agreement as covenants and agreements:
SchedUle '''A''
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
"Legal Description of the Lands"
"Plan of Subdivision (reduction)"
"Charges Against the Lands"
"Schedule of Payment of Development Charges"
"Transfer of Easements"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule "J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
"Lands to be Transferred to Town and/or Cash to be
Paid in Lieu Thereof"
"Works Required"
"Utilities and Services Required"
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
"Use of the Lands"
"Land Unsuitable for Building"
"Land Requiring Site Plan Approval"
Not Used
Schedule "T'
"Conservation Authority's Work"
"Engineering and Inspection Fees"
"Region's Conditions of Approval"
Not Used.
"Landscaping Plan" (reduction)
"Requirements of Other Agencies"
"Architectural Control Standards"
Schedule "U"
Schedule "V"
Schedule "W"
Subdivision Agreement
Page 10
ARTICLE 2. GENERAL
2.1 Recitals in O-perative Part of Agreement
The Owner represents and warrants to the Town that each of Recitals A to G of this
Agreement is correct.
2.2 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title of
the said Lands and setting out the names of all persons having interests in the said
Lands and the nature of their interests.
(2) On the execution of this Agreement, the Owner shall provide the Town with a letter
signed by an Ontario Solicitor and addressed to the Town certifying as to the title of
any land outside the limits of the said Lands, which is to be conveyed to the Town
or in which easements are to be transferred to the Town pursuant to the terms of
this Agreement.
2.3 Copy of Plan and A~eements Reauired
On the execution of this Agreement, the Owner shall provide the Town with as many
copies as the Town requires of the final Plan of Subdivision of the Lands as approved by
the Commissioner, the Minister, or the Ontario Municipal Board as the case may be. The
draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in
Schedule "B" attached hereto. The Owner shall also furnish to the Town at the time of the
. execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked
on it the stamp of approval of the Region, and a copy of the executed Subdivision
Agreement entered into between the Owner and the Region with respect to the Lands if the
aforesaid Plan has been approved and Agreement has been executed by the Parties thereto
at the time of the execution of this Agreement. If at the time of the execution of this
Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement
between the Owner and the Region has not been executed, the Owner shall provide the
Town with a copy of the aforesaid Plan with the stamp of approval of the Region marked
thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner
forthwith after approval of the aforesaid Plan is granted and/or the aforesaid Agreement
is executed by the P~rties thereto. The Owner shall also fuIIlish tu the Town, at the tlme
Subdivision Agreement
Page 11
of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by
the Owner with the Newtastle Hydro-Electric Commission or other authority or company
having jurisdiction in' the' area of the said Lands for the design and installation of the
Utilities and Services, or, if such Agreement(s) have not been executed at the time of the
execution of this Agreement, the Owner shall provide the Town with one (1) copy of each
such Agreement(s) immediately after e~ch such Agreement(s) is executed by the Parties
thereto.
2.4 Transfer of Easements
(1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Town
the executed transfers of easements which are set out in Schedule "E" and shall pay
to the Town in cash or by certified cheque the amount which is equal to any tax, fee
or cost payable at the time of or in respect of the registration of such transfers
against the title to the lands to which they apply. Such transfers shall be free and
clear of all encumbrances and restrictions, shall be made for a nominal consideration,
shall contain provisions satisfactory to the Town's Solicitor, and shall be in
registerable form.
(2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or
a planes) of subdivision of any partes) thereof, but prior to the issuance of a building
permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s),
in the opinion of the Director further easements in such lot(s) or block(s) are
required to be transferred to the Town, the Region of Durham, the Newcastle
Hydro-Electric Commission or other appropriate authority or company for Town
purposes, Region ~f Durham purposes or for Utilities and Services, as the case may
be, or for drainage purposes, the Owner agrees to transfer to the Town, the Region
of Durham, the Newcastle Hydro-Electric Commission or other appropriate authority
or company, as the case may be, such further easement(s) forthwith after a written
request to do so is given to it by the Director. Notwithstanding the foregoing, the
Director shall not request such further easement(s), if its creation would prevent the
erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If
further easements are requested to be transferred to the Town, the Region of
Durham, the Newcastle Hydro-Electric COmmission, or other appropriate authority
or company, as the case may be, the provisions of paragraph 2.4(1) shall apply with
all necessary changes to it being considered to have been made to give effect to the
intent of this paragraph 2.4(2)
Subdivision Agreement
Page 12
2.5 Transfer of Lands
On the execution of this Agreement, the Owner shall deliver to the Town executed
transfers, sufficient to vest in the Town title in fee simple absolute free and clear of all
encumbrances and restrictions, of the lands set out in Schedule "F" hereto and shall pay to
the Town in cash or by certified cheque an amount of money which is equal to any tax, fee,
or cost payable at the time of or in respect of the registration of such transfers against the
title to the lands to which they apply. All transfers referred to in this paragraph 2.5 shall
contain provisions to the satisfaction of the Town's Solicitor, shall be made for a nominal
consideration, and shall be in a registerable form.
2.6 Ret:istration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shall be
prepared by the Owner and shall be registered at the Owner's expense, at the same time as
the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are
to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and
registered against title, the registered number of the Plan shall be left blank and the Owner
hereby authorizes the Town to insert such Plan number after registration of the Plan.
2.7 Lands for School PUI:poses
(1) On or prior to the execution of this Agreement, the Owner shall deposit with the
Town, a letter from each and every School Board having jurisdiction over the said
Lands stating that arrangements satisfactory to each and every School Board have
been made respectIng the acquisition of any lands necessary for school purposes to
serve the said Lands.
(2) In the event that any School Board which has an option to acquire any lot(s) or
block(s) comprising part of the Lands does not exercise its option, forthwith after
such School Board fails to exercise such option, and in the case of the
Northumberland and Newcastle Board of Education, it fails to enter into an
agreement of purchase and sale of Block _ on draft Plan of Subdivision 18T-_
with the Owner at any time until the expiry of seven (7) years from the date as of
which this Agreement is made, the Owner shall give notice to the Town in writing
that the School Board has not exercised its option. The Owner hereby grants to the
Town an irrevocable option to acquire such lot(s) or block(s) on the same terms and
conditions including, without limiting the generality of the foregoing, the
consideratIOn to be paid to the Owner, as the School Board could have acquired such
Subdivision Agreement
Page 13
lot(s) or block(s) by exercising its option as aforesaid, except that the Town shall
exercise the option hereby granted by giving written notice to the Owner prior to the
expiry of ninety (90) days after the Town receives the aforesaid notice from the'
Owner that the School Board has failed to exercise its option. The purchase of the
lot(s) or block(s) in question by the Town shall be completed within ninety (90) days
after the exercise of the Town's option as aforesaid.
2.8 Charge on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Re!:istration of At:reement
The Owner hereby consents to the registration of this Agreement or a notice thereof
against the title to the Lands. The Owner will not register, permit or suffer any person to
register any instrument after the registration of the final Plan of Subdivision against the title
to the Lands unless this Agreement and any transfers or other documents required to be
furnished hereunder have first been registered against the title to the Lands or the
appropriate portiones) thereof, as the case may be. Without derogating from the foregoing,
the Owner also hereby consents to the registration of an Inhibiting Order(s) or a Caution(s)
against the title to the Lands or the relevant portion( s) thereof as the case may be, in order
to give further effect to the foregoing and acknowledge that the Town has reasonable cause
to register an Inhibiting Order(s) or Caution(s) as the case may be.
2.1(l Renegotiation and Amendment of At:reement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
(the "Renegotiation Events"), the Town, may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the ell.1>iry of
the ten (10) day period following the date on which such notice is given, tpe Owner
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any necessary
amendment( s) made to this Agreement. The Renegotiation Events are the following:
Subdivision Agreement
Page 14
(i) the Region, the Minister, or the Ontario Municipal Board approves a final
Plan of Subdivision for the said Lands which the Town considers to be
substantially different from the 40M Plan proposed by the Owner;
(ii) the final Plan of Subdivision is not approved by the Region and registered
against the title to the Lands within eighteen (18) months after the date as of
which this Agreement is made;
(iii) either if a Subdivision Agreement between the Owner and the Region has not
been executed at the date as of which of this Agreement is made, or if such
Subdivision Agreement between the Owner and the Region has been so
executed, it is amended subsequent to the date as of which this Agreement is
made, the provisions of such Subdivision Agreement between the Owner and
the Region, in the opinion of the Town, affect materially the location or sizing
of any of the Works to be supplied and installed under the terms of this
Agreement; or
(iv) construction or installation of any of the Works has not commenced within
two (2) years from the date of registration of the final Plan of Subdivision of
the Lands against the title to the Land;
Forthwith after the giving of written notice as aforesaid requiring the renegotiation
of specified provision(s) of this Agreement, the Owner and the Town will renegotiate
the same in good faith and with expedition. In the event that the renegotiation has
not been completed or has not resulted in agreement by the Parties prior to the
expiry of the twenty (20) day period following the date on which the notice requiring
the renegotiation is given as aforesaid, at any time thereafter the Town may give the
Owner written notice declaring this Agreement to be terminated whereupon it shall
terminate.
(2) On the termination of this Agreement by the Town declaring it to be terminated in
accordance with paragraph 2.10(1), none of the Parties hereto may make any claim
against the Town for damages for any loss or cost or make any claim against the
Town for compensation in respect of any of the Works, whether located in whole or
in part on land in which the Town has an interest. Notwithstanding the foregoing,
the' Owner and the Town expressly agree that the covenants and agreements
contained in paragraphs 3.8, 3.14, 5.11, 5.19, 5.20 and 5.21 and Article 7 of this
Agreement will survive the termination of this Agreement pursuant to paragraph
2.10(1), and paragraphs 3.8, 3.14, 5.17, 5.19, 5.20 and 5.21 and Article 7 of this
Subdivision Agreement
Page 15
Agreement shall continue to bind the Owner and may be enforced by the Town in
the same manner and to the same extent as if this Agreement had not been
terminated.
(3) Without derogating from the provisions of paragraph 2.10(1) from time to time by
mutual agreement, the Parties hereto may 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.
2.11 Town to Act Promptly
Wherever the Town, the Town's Solicitor, the Town's Treasurer or any Town
Director is required to take action pursuant to this Agreement, or is required to make a
decision or render an opinion, or give confirmation or give authorization, permission or
approval, then such action, decision, confirmation, authorization, permission or approval
shall be made promptly in all respects and the Town and its officials shall act reasonably.
2.12 Assignment of Agr~ement
The Owner shall not assign this Agreement without prior written consent of the
Town. For greater certainty, any assignment which is made contrary to this paragraph 2.12
does not relieve a subsequent Owner of the Lands of any of his obligations under this
Agreement.
2.13 Replacement of Draft Plan with Final Planes)
(1) The Parties hereto acknowledge that at the time of the execution of this Agreement,
only a red-lined copy of draft Plan of Subdivision 18T-_ has been approved by
the Region. A copy of it is contained in Schedule "B" hereto. All descriptions in this
Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and
street(s) shown on such red-lined draft Plan of Subdivision. The 40M Plan proposed
by the Owner is also contained in Schedule "B".
(2) On a final Plan of Subdivision implementing Plan 18T-_ approved pursuant to
the Planning Act, 1983 being registered against the title to anyone (1) or more
portions of the Lands, the registered final Plan of Subdivision shall be deemed to be
substituted for the red-lined draft Plan of Subdivision 18T-_ for the purposes of
this Agreement. All amendments necessary to this Agreement shall be considered
to have been made to it and to th6 descriptions and rcfcrcnccs contained in it,
Subdivision Agreement
Page 16
including without limiting the generality of the foregoing, Schedules "B", "E", "P", "G",
"N", "a", "P" and "Q", in order to replace the descriptions and references to the red-
lined draft Plan of Subdivision 18T-_ with descriptions and ref~rences to and that
are consistent with such registered final Plan of Subdivision.
2.14 Notification of Owner
If any notice or other document is required to be or may be given by the Town or
by any official of the Town to the Owner under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
The Owner:
or such other address of which the Owner has notified the Town in writing. Any such notice
so mailed or delivered shall be deemed good and sufficient notice under the terms of this
,
Agreement and shall be effective from the date which it is so mailed or delivered.
2.15 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or any
one or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Payment of Local Improvement Charl:es
Prior to the date of execution of this Agreement, the Owner shall pay all charges with
respect to local improvements assessed against the said Lands as set out in Schedule "C"
hereto. Such charges shall include the Town's share of any local improvements which serve
Subdivision Agreement
Page 17
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.
3.3 Payment of Drainage Charges
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act and the Tile Drainage Act against the
Lands, as set out in Schedule "C" hereto, including the commuted value of such charges
falling due after the date of execution of this Agreement.
3.4 Payment of Develollment Charees
(1) The Owner shall pay all Development Charges and portions of front-end payments
. .
required by the provisions of the Development Charges Act and the Development
Charge By-law in respect of the development of the Lands or anyone or more
portions thereof. The Owner shall pay the Development Charges in accordance with
the Schedule of Payment of Development Charges contained in Schedule "D" hereto.
Each payment of Development Charges set out in Schedule "D" shall be adjusted as
required by the Development Charge By-Law prior to the issuance of any building
permit in respect of any lot(s) or block(s) on the Lands, to take into account
increases or decreases in the Development Charge rate imposed by the Development
Charge By-law then in effect as well as adjustments made pursuant to Section 10 of
the Development Charge By-law.
(2) The Parties acknowledge and agree that none of the provisions of this Agreement,
including but not limited to paragraph 3.4 and Schedules "D~' and "G", are intended
nor shall they be considered to have the effect of exempting the Owner in whole or
in part from, or making inapplicable to the Owner, or making inapplicable in respect
of the development of the Lands, a Development Charge that is imposed by the
Development Charge By-law and none of them shall be used as a justification for or
the basis of granting the Owner a credit of any amount in determining the
development charge payable by the Owner under such By-law, under the
Development Charges Act.
3.5 Cash in Lieu of Land Dedication
i
On the execution ofthis Agreement, the Owner shall pay the Town the cash payment
in lieu of dedication of lands as set out in Schedule "F" hereto.
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Subdivision Agreement
Page 19
3.7 Use of Performance Guarantee
From time to time the Town may appropriate the whole or anyone or more portions
of the Performance Guarantee up to an amount(s) determined by the Director, which in
aggregate shall not exceed the amount(s) which in the opinion of the Director are required
to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. Forthwith after making each such appropriation, the Director shall give the
Owner written notice thereof and the Owner shall forthwith reinstate the Performance
Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Town
(1) The Owner shall defend, indemnify and save the Town harmless from and against all
actions, claims, liabilities, losses, damages and expenses including - reasonable legal
fees which arise by reason of or are caused in whole or in part by the making and/or
the implementation of this Agreement, or the design, construction and installation,
supervision of construction and installation, inspection, and/or maintenance of the
Works by the Owner, its employees, contractors, suppliers of services or materials,
the Owner's Engineer, the Owner's Engineer's employees, and the Owner's licensees.
(2) For greater certainty, the making of this Agreement is not intended to and shall not
have the effect of requiring the Town to do or refrain from doing any act or making
any recommendation necessary for the Owner to achieve approval of the final Plan
of Subdivision of the Lands and its registration against the title to the Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof as
required by Schedule "K", of this Agreement in accordance with Schedule "K" of this
Agreement.
3.10 Maintenance Guarantee Required
(1) From the date of issuance of an Authorization to Commence Works until the date
of issuance of a Certificate of Acceptance of the Works or particular component(s)
of the Works, the Owner agrees with the Town to promptly correct, remedy, repair
or replace any portion or component of the Works in question that the Director
determines to be defective or deficient having regard to the provisions of this
--------------Agi'eement at the Owner's cost (the "Mamtenance Guarantee"). The amount of the -
Subdivision Agreement
Page 20
Maintenance Guarantee shall be determined in accordance with paragraph 3.12(1)
of this Agreement. The Owner shall be given written notice of any such deficiency
or defect by the Director forthwith after he identifies the same.
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier
than the date of expiry of the relevant period of the Maintenance Guarantee for the
following Works as set out below:
(a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of
the period of two (2) years which commences on the date of issuance of the
Certificate of Completion for the Initial Works, and (2) the date of issuance
of a Certificate of Completion for the "Final Works" (as hereafter defined);
(b) "Final Works": the date of expiry of the period of one (1) year that
commences on the date oil which the maintenance period for the Initial
Works specified in paragraph 3.1O(2)(a) expires;
(c) "Street Lighting System" (as hereafter defined): the date of expiry of the
period of two (2) years which commences on the date of issuance of the
Certificate of Completion of the Street Lighting System; and
(d) "Stormwater Management System" (as hereafter defined): the date of expiry
of the period of two (2) years which commences on the date of the issuance
of the Certificate of Completion of the Stormwater Management System
provided that such Certificate of Completion for the Stormwater Management
System shall not be issued prior to the issuance of the Certificate of
Completion for the Final Works.
3.11 Use of Maintenance Guarantee
From time to time, the Town may appropriate the whole or any part of the Security
for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner
to the Town under this Agreement. The amount(s) of such appropriation shall not exceed
the amount(s) which in the opinion of the Director are required to remedy the Owner's
breach( es) or defau1t( s) as determined by the Director of correcting or remedying a
deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered
by the Maintenance Guarantee and is in question. Forthwith after the Town makes any
such appropriation, the Director shall give the Owner written notice thereof. Forthwith,
Subdivision Agreement
Page 21
after the giving of such notice, the Owner shall restore the Security for the Maintenance
Guarantee to the full amount required by this Agreement.
3.12 Reduction and Release of Perfonnance Guarantee
(1) Prior to the release ofthe Performance Guarantee, in the discretion of the Director,
the' amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner after
taking into account any outstanding claims the satisfaction of which is provided for
in this Agreement. The maximum reduction that may be permitted to be made by
the Director is such that will leave on deposit with the Town's Treasurer as the
Performance Guarantee an amount equal to the sum of (1) the value of the
uncompleted Works and the other facilities and improvements as determined by the
Director having regard for the Works Cost Estimates then in force plus any amount
determined by the Director but not to exceed twenty (20%) percent of such value as
a completion allowance payable to the Town, and (2) as the Maintenance Guarantee
fifteen (15%) percent of the value of the completed Works, facilities and services,
also determined by the Director after considering the material, if any, submitted to
the Director by the Owner's Engineer in support of an application for reduction of
the Performance Guarantee in respect of the Works that have been completed by the
Owner as well as the contract documents, sub-contracts and supply contracts
pertaining to the Works and the provisions of the Construction Lien Act.
(2) The Owner will not require the Town to release to the Owner any unused portion
of the Performance Guarantee until each of the following conditions is satisfied:
(a) A Certificate of Completion has been issued for the Works for which the
Performance Guarantee was initially required to be deposited with the Town.
(b) The Owner has deposited or has left on deposit with the Town the
Maintenance Guarantee applying to the Works for which the Performance
Guarantee initially was required to be deposited with the Town.
( c) The Director is satisfied that in respect of the construction and installation of
the Works for which such Performance Guarantee was initially required to be
deposited with the Town, there are no outstanding claims relating to such
Works.
Subdivision Agreement
Page 22
(d) The Town is satisfied that there are no outstanding claims relating to the
Works which the Town is required or may be permitted to pay either under
the provisions of the Construction Lien Act or otherwise.
(e) The Town is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
3.13 Reduction and Release of Maintenance Guarantee
The Owner agrees that the Town shall not be required to release to the Owner the
Security for the Maintenance Guarantee until each of the following conditions are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Town is satisfied that there are no outstanding claims relating to such
Works which the Town is required or may be permitted to pay either under
the provisions of the Construction Lien Act or otherwise.
(c) The Town is satisfied that the Owner is not in breach of any of its covenants
contained in this Agreement.
(d) With respect to all lots and blocks in the 40M Plan for which building permits
have been issued and Temporary Occupancy Permits have been received by
the Owner, the Town is satisfied that within the one (1) year period of
temporary occupancy under a Temporary Occupancy Permit the Director has
received the Owner's Engineer's written confirmation that grading of the lots
and blocks in question has been completed in accordance with the approved
Grading and Drainage Plan.
(e) The Director has received the as-constructed drawings for such Works from
the Owner as well as the computer disks, if any have been prepared by the
Owner's Engineer.
3.14 Payment of Town's Costs
(1) The Owner shall reimburse the Town for all reasonable legal, planning, engineering
and other technical advice, and administrative expenses actually incurred for the
preparatIOn and registration of this Agreement and the reasonable cost of all legal
Subdivision Agreement
Page 23
services contemplated by the terms of this Agreement, which include the review of
the Performance Guarantee, the review of the Security for the Maintenance
Guarantee and the preparation of a Certificate(s) of Release, provided that services
have actually been performed for the Town.
(2) The Owner shall pay to the Town Engineering and Inspection fees in accordance
with the provisions of Schedule "R".
(3) After giving reasonable notice to the Town, the Owner may inspect, during regular
business hours, such accounts, invoices, time records and other documents and
calculations of charges for which the Town is requiring reimbursement pursuant to
paragraph 3.14(1).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be thirty (30) days
after the date of the giving of the written invoice to the Owner. Interest shall be calculated
and be paid by the Owner to the Town on all sums of money of which the Owner is in
default at the same rate, and in the same manner, and at the same time as is the case with
Town taxes which are in arrears at the date on which the default in question commences.
3.16 Occupancy Permit Deposit
(1) Prior to the date of issuance of the first building permit for a dwelling proposed to
be constructed on the Lands, the Owner and/or a person who has entered into an
agreement with the Town containing terms satisfactory to the Town to assume the
obligations of the Owner under this Agreement relating to a specific lot(s) or
block(s)on the 40M Plan (the "Assuming Purchaser") shall deposit with the Town an
irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I"
or "II" of the Bank Act acceptable to the Town's Treasurer, in the amount of _
dollars (the letter(s) of credit are referred to as the "Occupancy Permit
Deposit") to secure the performance of the Owner's covenant to the Town under this
Agreement that occupancy of any dwelling(s) on the Lands will not take place before
an "Occupancy Permit" (as defined in paragraph 4.10) is issued by the Director of
Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of
credit(s) shall contain terms satisfactory to the Town's Treasurer. In the event that
occupancy of a dwelling or dwellings occurs before the date of issuance of an
Occupancy Permit contrary to the provisions of paragraph 4.10, the Town may arav.r-
Subdivision Agreement
Page 24
upon and appropriate from the Occupancy Permit Deposit the amount necessary to
permit the Town to comply with the requirements of paragraph 4.10 on the Owner's
and/or the Assuming Purchaser's behalf and/or at the Owner's or the Assuming
Purchaser's cost, as the case may be. In the event that the Town so appropriates the
whole or any part of the Occupancy Permit Deposit, forthwith after it and/or they
are given written notice of the amount of the appropriation, the Owner and/or the
Assuming Purchaser shall restore the Occupancy Permit Deposit to the full amount
of dollars. The Occupancy Permit Deposit or the unused portion
thereof shall be returned to the Owner and/or the Assuming Purchaser at such time
as the last dwelling which may be constructed on the Lands is permitted to be
occupied pursuant to an Occupancy Permit issued in accordance with this Agreement.
If a letter(s) of credit is deposited as the Occupancy Permit Deposit, the Town agrees
to permit its (their) replacement from time to time by the Owner and/or the
Assuming Purchaser, as the case may be, provided that at all times the Occupancy
Permit Deposit is maintained as is required by this paragraph 3.16(1). Following
each such permitted replacement of a letter(s) of credit, the Town will return the
replaced letter(s) of credit to the Owner and/or the Assuming Purchaser.
(2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based
on the following "Occupancy Permit Scale" of the Town which is current on the date
of execution of this Agreement:
up to 10 lots
11 to 50 lots
51 to 100 lots
101 to 250 lots
251 to 500 lots
over 500 lots
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$60,000.00
$100,000.00
The Owner agrees with the Town that the Town in its discretion may amend its
Occupancy Permit Scale from time to time prior to the date on which the Occupancy
Permit Deposit is deposited with the Town pursuant to paragraph 3.16(1). The
Owner shall increase the amount of the Occupancy Permit Deposit in accordance
with the Town's amended Occupancy Permit Scale forthwith after the Director of
Planning gives written notice to the Owner requiring it to do so. In the event that
the Owner does n9t increase the amount of the Occupancy Permit Deposit for a
period of twenty (20) days following the giving of written notice by the Director to
the Owner requiTing an increase in the amount of the Occupancy Permit Deposit, (1)
all Authorizations to Commence Works that have been Issued shall ternunate, and
Subdivision Agreement
Page 2S
(2) the Owner shall not apply for or require the issuance of any permits for the
construction of buildings on any part of the Lands pursuant to the Building Code
Act.
ARTICLE 4. PLANNING
4.1 Tree Preservation Plan
(1) Prior to the issuance of any Authorization to Commence Works the Owner shall have
obtained the written approval of the Director Community Services, the Director of
Planning and Development, and the Director of Public Works of a plan for the
preservation of trees on the said Lands (the "Tree Preservation Plan") which shall
show:
(a) the location and approximate size of all existing trees over 30.5 cm in
circumference at 1.S m above the ground; and
(b) the location of all existing trees referred to in subparagraph (1) hereof
intended to be removed during the development of the said Lands.
(2) No work shall be done or caused or permitted to be done by the Owner to remove,
destroy or damage any tree shown on the Tree Preservation Plan. No existing tree
shall be removed until the Tree Preservation Plan has been approved by the Director
of Community Services, the Director of Planning and the Director of Public Works.
Thereafter an existing tree may be removed only if permitted by the Tree
Preservation Plan. The Owner shall comply with the approved Tree Preservation
Plan. In the event that any tree required to be preserved by the approved Tree
Preservation Plan is removed, destroyed or damaged, the Owner at its expense shall
replace that tree- with a tree of a height, calliper and species as determined by the
Director of Planning in his discretion.
4.2 Landscanine- Plan and Landscapine- Reouirements
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of Planning and the Director of Public
Works of the "Landscaping Plan" (as hereafter defined).
(2)
Prior to the execution of this Agreement, the Owner shall retain a qualified
landscape architect acceptable to the Director of Planning and the Director of Public
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Subdivision Agreement
Page 27
(5) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing
and to satisfy the other requirements of the Landscaping Plan expeditiously during
the construction of dwellings on the Lands. Any default by the Owner in satisfying
any of the requirements of paragraph 4.2 may be remedied or corrected by the Town
at the Owner's cost. Without limiting the Town's rights under any other provision
of this Agreement, the Owner acknowledges and agrees with the Town that the Town
may appropriate a portion of the Performance Guarantee to indemnify the Town in
respect of the cost of remedying or correcting any such default of the Owner at any
time when deemed necessary by the Director of Planning. On each occasion,
forthwith, after the Director of Planning gives the Owner written notice of the
amount so appropriated, the Owner shall restore the Performance Guarantee to the
amount required by this Agreement.
4.3 Use of Lands
The Lands shall not be used for any purpose other than the purposes set out in
Schedule "M" hereto, provided that such purpose is permitted by the Town's By-law 84-63,
as amended from time to time.
4.4 Lands Unsuitable for Buildin~
The Parties ackno\vledge and agree that the lot(s) or block(s) which are set out in
Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause
or permit an application to be made for a building permit for the construction of any
structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such
lot(s) or block(s) have been satisfied to the approval of the Director of Planning and the
Director of Public Works and/or any other authority having jurisdiction in respect of the
matter. The Owner shall maintain the lot(s) or block(s) set out in Schedule "N" in a
condition acceptable to the Director of Planning.
4.5 Lands Requiring- Site Plan
The Owner shall not make or cause or suffer any person(s) to make an application
for a building permit in respect of any lot(s) or block(s) within the Plan which are set out
in Schedule "0" until the Owner has entered into a Site Plan Agreement with the Town
respecting the development of such lot(s) or block(s) under Section 41 of the Planning Act,
provided that any application for a building permit shall comply in all respects with the
terms of the said Site Plan Agreement and all applicable laws.
Subdivision Agreement
Page 28
4.6 Requirements for Buildin~ Permits
The execution of this Agreement by the Town, the approval by the Town of the 40M
Plan, and the issuance of any Certificate of Acceptance of Works, do not constitute a
representation or covenant by the Town to any person, nor shall be taken to give any
assurance to the Owner or to any other person that building permits for buildings proposed
to be constructed on any portion of the Lands when applied for, will be issued. Without
limiting the generality of the foregoing, the Owner will not apply for or cause or permit an
application to be made by any person for a building permit for a building proposed to be
constructed on any of the Lands, made until the following requirements are satisfied:
(a) all easements required to;be transferred by this Agreement to the Town, the Region
of Durham or the Newcastle Hydro-Electric Comri1i.ssion, and all easements required
to be transferred for the purpose of Utilities and Services referred to in Schedule
"H", and all easements required to be transferred or reserved for the purpose of
drainage or access to the lot(s) or block(s) in respect of which an application for a
building permit(s) is made, have been transferred to or reserved by the appropriate
person as required by this Agreement;
(b) all the roads which are required to be constructed to provide access to the proposed
building in accordance with this Agreement, have been constructed at least to the
completed base CO'lrse of asphalt, and the Director has given the Owner his written
approval of them as being sufficient to provide in his opinion adequate access to the
proposed building(s);
(c) all of the Works required to be constructed and installed under road(s) referred to
in paragraph 4.6(b) have been constructed and installed to the satisfaction of the'
Director;
(d) all of the Utilities and Services required to be constructed and installed pursuant to
Schedule "H" have been constructed and installed and have been accepted by the
Newcastle Hydro-Electric Commission and/or the authority or company having
jurisdiction over such Utilities and Services. Alternatively, the Town has received
written confirmation from such Commission, authority or company, as the case may
be, that sufficient financial security(s) have been received by it (them) on which it
or they may draw to payor to reimburse itself (themselves) in respect of the costs
of the design, construction and installation of such Utilities and Services if the Owner
fails to construct and install them;
Subdivision Agreement
Page 29
(e) the Owner has provided the Director of Planning with a paper draft of the registered
Plan of Subdivision of the Lands, (the Owner shall provide the Director of Planning
with a mylar copy of such registered Plan of Subdivision forthwith after it is made
available to the Owner by the Land Registry Office);
(f) the Development Charges required to be paid by the Owner to the Town pursuant
to paragraph 3.4 and Schedule "D" have been paid in respect of the lot(s) or block(s)
for which application is made for a building permit;
. (g) the Owner has deposited with the Town the Occupancy Permit Deposit as required
by paragraph 3.16 of this Agreement and it is in good standing;
(h) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied the
conditions with respect to the development of such lot(s) or block(s) set out in
paragraph 4.4 of this Agreement;
(i) if the application for a building permit is for a building proposed to be constructed
on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site
Plan Agreement under Section 41 of the Planning Act with respect to the
development of such lot(s) or block(s) in accordance with paragraph 4.5 of this
Agreement;
CD the Performance Guarantee and the Security for the Maintenance Guarantee
provided for in this Agreement have been deposited with the Town and are in good
standing and all sums of money required to the Town by the Owner pursuant to this
Agreement have been paid;
(k) the applicant has submitted a Site Plan satisfactory to the Director and certified as
being correct by the Owner's Engineer which demonstrates to the satisfaction of the
Director that the final grades of the lot(s) or block(s) in respect of which the
application for a building permit(s) is made are appropriate for the building(s)
proposed to be constructed thereon, the grading of the lot(s) or block(s) in question
and the proposed access thereto conforms with the Grading and Drainage Plan
approved by the Director for the particular lot(s) or block(s) as well as with the
Town's Design Criteria and Standard Detail Drawings;
(1) the Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or
to the future housing types and
Subdivision Agreement
Page 30
distribution, the location' of any park, open space, school or commercial blocks
proposed on the said Lands, as well as all future uses for lands which abut the said
Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet
Development Plan and/or an approved Draft Plan of Subdivision of such abutting
lands;
(m) (i)
the Owner has constructed access routes to the subdivision in satisfaction of
the requirements of the Ontario Building Code and has installed all necessary
watermains and hydrants which are fully serviced;
(ii) the Owner has agreed with the Town that during construction of the building
pursuant to the building permits which have been applied for fire access
routes will be maintained continuously as required by the Ontario Fire Code,
storage of combustible waste will be maintained in accordance with the
Ontario Fire Code, and open burning will not occur contrary to the Ontario
Fire Code;
(iii) the Owner has agreed with the Town to comply with the Ontario Fire Code
with respect to Combustible Waste and Open Burning; and
(iv) the Owner has agreed with the Town to have regard for the "Guidelines to
Fire Prevention" published jointly by the Ontario Home Builder's Association
and the Toronto Home Builder's Association in respect of construction of
dwellings;
(n) the Owner has provided written confirmation that all dwelling(s) to be erected on the
Lands in which the,lot(s) or block(s) in question is located, satisfy the Architectural
Control Standards contained in Schedule "W" hereto; and
(0) the Owner has satisfied the requirement of paragraph 4.12 of this Agreement.
4.7 Model Homes
(1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may
apply for building permit(s) for model home(s) to be used for sales display purposes
which it proposes to construct on not more than ten (10%) percent of the total
number of lot(s) within the registered Plan of Subdivision of the Lands, provided
that:
Subdivision Agreement
Page 31
(a) each such application is in conformity with all By-laws of the Town, the
Ontario Building Code Act and the Ontario Building Code;
(b) all building permit fees, Occupancy Permit Deposits and the Development
Levies provided for in this Agreement have been paid to or deposited with
the Town as is required by law and this Agreement;
(c) the Owner has satisfied the Director that the final grades of the lot( s) or
block(s) is appropriate for the proposed model home(s) and that such final
grades are in compliance with the Grading and Drainage Plan;
(d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n)
of this Agreement.
(2)
Prior to the date of issuance of any building permit for a model home(s), the Owner
shall obtain the approval of the Director of the proposed access to the model
home(s) in question. In each case, such access shall be to the satisfaction of the
Director and the Town's Fire Chief.
(3)
Any model home( s) constructed on the Lands shall be used for sales display purposes
only and shall not be occupied for any residential purpose until such time as the
provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with.
If such model home(s) is occupied for residential purposes contrary to the provision
of this paragraph 4.7(3), then without derogating from any rights of the Town may
have under this Agreement, a statute, a regulation, or a by-law, the provisions of
paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion
that such unauthorized occupation takes place.
(4)
The Owner understands and agrees with the Town that if the Owner constructs or
causes or permits any person to construct one (1) or more model home(s) on any
part of the Lands prior to the day on which the watermains and hydrants on the
Lands or any part of them are fully serviced and operational for fire protection
purposes to the satisfaction of the Town's Fire Chief, the construction and/or use of
the model home(s) is entirely at the risk of the Owner. The Owner shall save the
Town harmless and indemnify the Town from and against all actions, claims,
liabilities, losses, damages and expenses, including reasonable legal fees, which arise
by reason of constmction and/or use of such model home(s), and the provisions of
I
paragraph 3.8(1) shall apply with all necessary changes to it being co~~~er~d to ~ve___________________.___
been made to give effect to -tlre-intmrrof this paragraph 4:7(4 y:--
Subdivision Agreement
Page 32
4.8 Architectural Control Standards
All dwellings to be erected shall satisfy the Architectural _Control Standards as
contained in Schedule "WI hereto.
4.9 Reauirements for Sale of Lands
Without derogating from any other provision of this Agreement the Owner shall not
sell the Lands or anyone (1) or more portions of the Lands until each of the following
conditions is satisfied:
(a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and
2.5 have been registered in accordance with paragraph 2.6;
(b) where a building permit has not been issued in respect of a lot(s) or block(s) shown
on the Plan which is proposed to be sold, the Owner has obtained from the
prospective purchaser an enforceable covenant made directly with the Town by which
such purchaser agrees with the Town, that prior to the issuance of a building permit
for a building on the land in question, he will deliver to the Town, the Newcastle
Hydro-Electric Commission, other authority and/or company, as the case maybe, any
transfers of easements as in such lot(s) or block(s) which are required for Town,
Region of Durham and Utilities and Services or drainage purposes, as determined
by the Director, forthwith after written request by the Director therefor is given to
the Owner;
(c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), a
licence to permit the Owner and/or Town, to enter on the lot(s) or block(s) in
question in order to perform the Owner's obligations under this Agreement and to
permit the Town to exercise its rights under this Agreement to correct or remedy a
default of the Owner in such performance;
(d) the Performance Guarantee, the Security for the Maintenance Guarantee and all
cash deposits or letters of credits required by this Agreement have been deposited
with the Town and all letters of credit deposited with the Town are in good standing;
and
(e) the Owner has included in the Agreement to purchase the Lands or the lot( s) or
block(s) on the Plan which is entered into by the prospective purchaser(s) as the case
obligations set forth
Subdivision Agreement
Page 33
in this Agreement, and without limiting the generality of the foregoing, are subject
to the provisions of Article 7 in respect of the obligations of subsequent owners.
4.10 Requirements for Occupancy Permit
(1) Notwithstanding the requirements of any statute, regulation or by-law respecting the
issuance of any permit authorizing or permitting the occupancy of any building, the
Owner shall not occupy or cause or permit any building on the said Lands to be
occupied without the written perrriission of the Town (the "Occupancy Permit")
having been given. In addition to satisfying the other requirements of this
Agreement, an Occupancy Permit shall not be issued to any person for any building
until the following requirements are satisfied:
(a) all of the roads which are required to be constructed under this Agreement,
and which will provide access to such building, have received the application
of the base course of asphalt, to the written satisfaction of the Director and
the required street lighting system has been installed and energized, all at the
cost of the Owner;
(b) all of the storm drainage system required to be constructed and installed to
service suc~ building has been constructed and installed to the written
satisfaction of the Director, and such building has been connected thereto;
(c) all of the Utilities and Services, with the exception of telephone and cable
T.V., which are required to be constructed, installed and connected to the
building pursuant to Schedule "H", have been so constructed, installed and
connected to the Written satisfaction of the Director, the Newcastle Hydro-
Electric Commission or the authority or company having jurisdiction over such
Utilities and Services, as is appropriate;
(d) the building has been connected to and is serviced by a water supply and
sewage disposal system to the written approval of the Region of Durham;
(e) either the Owner's Engineer has provided the Director with his written
certification that the lot(s) or block(s), on which such building is located has
been developed in conformity with the Grading and Drainage Plan, or the
Owner has given written approval by the Director to vary the requirements
of the approved Grading and Drainage Plan with respect to the lot(s) or
Subdivision Agreement
Page 34
(f) the building has been finally inspected and approved pursuant to the Building
Code Act, the Ontario Building Code and the Plumbing Code.
(2) Notwithstanding the provisions of paragraph 4.1O(1)(e), the Owner may be issued a
permit (the "Temporary Occupancy Permit") by the Director of Planning to permit
the temporary occupancy of a dwelling provided that the Owner establishes to the
satisfaction of the aforesaid Director that it has been unable to comply with the
requirements of paragraph 4.10( e) by reason of seasonal, weather or other conditions
which are considered by the Director, in his discretion, to be beyond the control of
the Owner. Prior to the issuance of a Temporary Occupancy Permit the Owner shall
establish, to the 'satisfaction of the Director of Planning that the provisions of
paragraphs 4.10(1)(a), (b), (c), (d) and (f) have been satisfied. The Owner also shall
provide to the aforesaid Director the written confirmation required by paragraphs
4.10(1)(e) within one (1) year from the date of the commencement of the Temporary
Occupancy Permit respecting the dwelling in question. Until such written
confirmation is provided to the aforesaid Director, the Town may retain the
Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement. If the
Owner does not comply with the approved Grading and Drainage Plan within ten
(10) days, excluding Saturday and Sunday, after being required to do so by written
notice given to the Owner by the Director, the Town may appropriate the whole or
any part of the Occupancy Permit Deposit in order to reimburse the Town or pay any
person for the reasonable cost of complying with the approved Grading and Drainage
Plan, as determined by the Director in his discretion, provided that the Director shall
give written notice to the Owner forthwith after making each such appropriation of
the amount of the appropriation in question. If the written confirmation which is
required by paragraph 4.10(1)( e) is not provided to the aforesaid Director within one
(1) year of the date of issuance of a Temporary Occupancy Permit, no person shall
occupy the dwelling in respect of which a Temporary Occupancy Permit has been
issued until an Occupancy Permit respecting the dwelling has been issued pursuant
to paragraph 4.10(1).
4.11 Cash in lieu of Lands for Park or Other Public Recreational Purnoses
Without derogating from the other provisions of this Agreement, on the execution
of this Agreement, the Owner shall pay to the Town in cash the amount of money in lieu
of the transfer of land to the Town for parks and other public recreational purposes which
is set out in Schedule "F".
Subdivision Agreement
Page 35
4.U SneciaI Conditions
(1) During construction on the Lands the Owner shall maintain fire access routes to the
satisfaction of the Town's Fire Chief.
(2) In cases in which an Appropriate Authority determines that the well or private water
supply of any person is interfered with either as a result of the grading of,
construction on, or the development of the Lands or any portion of the Lands, or as
a result of the construction or installation of any of the Works, the Owner, at its cost,
either shall connect the affected person to the municipal water supply system or shall
provide a new well or private water system so that water supplied to the affected
person shall be of quality and quantity at least equal to the quality and quantity of
water enjoyed by the affected person prior to the interference.
(3) The Owner shall comply with the provisions of Schedule "Q" and Schedule "V"
hereto.
(4) Any deadends and/or open side of road( s) allowances created by this draft Plan shall
be terminated in zero point three (0.3) metre reserve(s) which shall be transferred
to the Town. Paragraphs 2.5 and 2.6 apply in respect of such transfers with all
changes necessary being considered to have been made to them and give effect to
this paragraph 4.12(4).
(5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate
Authority has determined that the well or private water supply of any person is
interfered with, the Owner shall at his expense either connect the affected party to
a municipal water supply system or a private system so that water supplied to the
affected party shall be of quality and quantity at least equal to the quality and
I
quantity of water enjoyed by the affected party prior to the interference.
ARTICLE 5. PUBLIC WORKS
5.1 Town Works Required
The Owner at the Owner's expense shall construct and install the facilities, services,
works, improvements and landscaping more particularly described in Schedule "G" hereto
(collectively in this Agreement are called the "Works"). From the date of issuance of the
Authorization to Commence Works until the date of issuance of a Certificate of Acceptance
of them the OwneI shall be fully responsIble ror1Iie constructiOn" and maintenance of the
Subdivision Agreement
Page 36
Works including the cost thereof in accordance with the provisions of this Agreement. After
the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall
be the responsibility of the Town.
5.2 Utilities and Services Required
Either prior to or forthwith after the date of this Agreement, the Owner shall enter
into an Agreement(s) with the authorities or companies or company having jurisdiction in
respect of the Utilities and Services referred to in Schedule "R" in the area in which the said
Lands are located which 'provides for the matters referred to in Schedule "R".
5.3 Owner's Enl:ineer
(1) At all times until this Agreement is released, the Owner shall retairi the Owner's
Engineer who shall perform the duties set out in Schedule "I". On the execution of
this Agreement and on each occasion on which a new Owner's Engineer is retained
by the Owner, forthwith after retaining the Owner's Engineer, the Owner shall give
the Director written notice of the name, address and telefax number of the Owner's
Engineer. No partnership, association of persons or corporation shall be retained as
the Owner's Engineer without the prior written approval of the Director. All notices
to be given to the Owner's Engineer are properly given if given by personal service,
by telephonic facsimile communication, or first class prepaid post addressed to the
Owner's Engineer at the address or telefax number provided to the Director pursuant
to this paragraph 5.3. Forthwith after the Director gives the Owner written notice
requiring it to do so, the Owner shall give the Director written notice advising him
whether or not the approved Owner's Engineer continues to be retained by the
Owner.
(2) If at any time following the execution of this Agreement until the day on which a
Certificate(s) of Acceptance has been issued for all of the Works in accordance with
this Agreement, the Owner's Engineer resigns, abandons his office or is terminated
by the Owner, the Owner shall give the Director written notice of that fact within
three (3) days from the date of the resignation, abandonment or termination, as the
case may be. Until such time as the Owner retains and notifies the Director of the
name and address of a new Owner's Engineer who is qualified to be approved by the
Director pursuant to this Agreement and who in fact is approved by the Director, the
Owner hereby authorizes the Director on the Owner's behalf and at the Owner's cost
to appoint a new Owner's Engineer, provided that (1) forthwith after appointing a
new{)wnel'5 Eugim:er, the Director shall give the Dwner written notIce onIie name,---
Subdivision Agreement
Page 37
address and telefax number of the Owner's Engineer who is so appointed; (2) the
Owner shall not act to terminate the new Owner's Engineer except for cause, and
then only with the prior written approval of the Director; (3) the Director may
appropriate from the Performance Gqarantee and the security for the Maintenance
Guarantee amounts necessary to pay the Owner's Engineer's reasonable fees and
disbursements; and (4) the Director may appoint as the new Owner's Engineer any
partnership, association of persons or corporation otherwise qualified under this
Agreement who or which previously may have resigned or abandoned the
performance of the services as the Owner's Engineer under this Agreement or who
or which may previously have been terminated by the Owner, whether or not for
cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is
appointed by the Director under this paragraph 5.3(2) with all necessary changes
thereto being considered to have been made to give effect to this paragraph 5.3(2).
5.4 Desi2J1 of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform with
all applicable legislation and the Town's Design Criteria and Standard Detail
Drawings. In the event of any dispute as to such requirements or their
interpretation, the dispute shall be resolved by the Director whose decision shall be
final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the Works,
as required by this Agreement.
(3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E"
and "F" of this Agreement, on the execution of this Agreement, the Owner, at its
expense, shall transfer to the Town any land or easements considered necessary in
the opinion of the Director to accommodate the construction, installation and
maintenance of the Works. For greater certainty, the Parties agree that the
provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of
easements with all necessary changes to being considered to have been made to give
effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee
simple absolute, and free and clear of all encumbrances and restrictions. It shall be
prepared by the Owner in registerable form and be satisfactory to the Town's
Solicitor. At the time of delivery of each transfer of land to the Town, the Owner
shall pay to the Town in cash or by certified cheque an amount equal to any tax, fee
Subdivision Agreement
Page 38
or charges payable at the time of or in respect of the registration of such transfer
against title to the lands to which it applies.
5.5 Enl:ineerin~ Drawinl:s
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of the original copy of all drawings of the
Works (the "Engineering Drawings"). If construction and installation of the Works
has not commenced within two (2) years. from the date of approval of the
Engineering Drawings, the Engineering Drawings shall be resubmitted to the
Director for his reconsideration and approval after any revisions required by the
Director have been made to them (the "Reapproved Engineering Drawings"). From
and after the approval by the Director of the Reapproved Engineering Drawings,
they shall be deemed to' be the Engineering Drawings for the purpose of this
Agreement, and thereafter all Works shall be constructed and installed in accordance
with them. The Owner hereby irrevocably assigns to the Town without cost to the
Town the right to use and to reproduce the Engineering Drawings and all reports
that relate in whole or in part to the Works which have been prepared by or for the
Owner in connection with the performance of the Owner's obligations under this
Agreement. The Owner acknowledges that approval of the Engineering Drawings
or reports by the Director shall not relieve the Owner from its obligation to satisfy
all requirements of or made pursuant to this Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall
provide the Director without cost to the Town with the Owner's Engineer's (1)
written acknowledgement that the Engineering Drawings and reports referred to in
paragraph 5.5(1) may be used and/or reproduced by the Town without cost or prior
approval or permission, (2) written permission for the Town's officers, employees,
agents, contractors and suppliers to use the ~pecifications, data, drawings, records and
reports whether completed or in progress of completion in satisfaction of the Owner's
obligations under the provisions of Schedule "I" of this Agreement without cost or
prior approval or permission, and (3) written undertaking to deliver to the Director
the original copy of the Engineering Drawings forthwith after being given written
notice by the Director requiring the Owner's Engineer to do so, whether or not the
Owner's Engineer's fees and disbursements in respect of any of them have been paid.
Prior to each occasion on which a new Owner's Engineer is retained by the Owner
and approval of the Director is sought, the Owner shall provide the Director with a
similar written acknowledgement and written permission of the new Owner's
to
Subdivision Agreement
Page 39
Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director shall
obtain from the prospective Owner's Engineer the aforesaid written
acknowledgemenf,and permission. Forthwith after the Director gives the Owner's
Engineer written notice requiring them or it to do so, copies of the Engineering
Drawings, computer disks, specifications, data, drawings, records and reports referred
to in this paragraph 5.5(2) shall be provided to the Director without cost to the
Town.
5.6 Auuroval of Gradin~ and Draina~e Plan
Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of an appropriate Plan showing thereon the
existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and
drainage Works for the said Lands, and indicating the direction of all surface drainage,
including water from adjacent lands originally flowing through, into or over the said Lands
to the municipal storm sewer system or any other outlet approved by the Director (the
"Grading and Drainage Plan"). The written approval of the Director of the Grading and
Drainage Plan shall be obtained prior to the commencement of construction or installation
of any of the Works on the Lands. If const.ruction of such Works is not commenced within
two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and
Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by
the Director after any revisions required by the Director have been made to it, (the
"Reapproved Grading and Drainage Plan"). From and after the approval by the Director
of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and
Drainage Plan for the purposes of this Agreement, and thereafter all Works shall be
constructed and installed in accordance with it.
5.7 Sta~nl: of Construction
Prior to the commencement of construction and installation of any of the Works, the
Director, in his discretion, may give written notice to the Owner requiring that the Owner
prepare and submit to him a Works staging plan (the "Staging Plan"). Forthwith, after the
giving of such notice, the Owner shall prepare and submit to the Director of Public Works
and the Director of Planning for their consideration and approval a draft Staging Plan. The
Owner shall not proceed with the construction and installation of any Works until the
Staging Plan has been approved by the Director of Public Works and the Director of
Planning after any revisions required by them have been made to the draft Staging Plan.
Thereafter, the Owner shall proceed to construct and install the Works only in accordance
willi such appwved Stagi:ngflmnrm:ranymmmdment which may be approveomereafte~------------
Subdivision Agreement
Page 40
the Director of Planning and the Director of Public Works. . The Staging Plan for the
purposes of this Agreement is the Plan contai:hed in Schedule "G-l" attached hereto
provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from
time to time with the written approval of the Director.
5.8 Annroval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the written approval of the Director of a draft schedule (the "Schedule of Works")
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the construction and installation
of the Works is to be staged in accordance with the Staging Plan, prior to the date of
issuance of the Authorization to Commence Works for each stage provided in the Staging
Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works
for such stage, and thereafter shall proceed to construct and install the Works, Utilities and
Services in such stage in compliance with the approved Schedule of Works, and any
amendment(s) thereto which may be approved by the Director.
5.9 Approval of Works Cost Estimates and Sta{:e Cost Estimates
Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall be
submitted by the Owner to the Director for his consideration and if appropriate his
approval. After approval, the Works Cost Estimate shall be entered for the Owner and the
Town by the Director in Schedule "J" hereto whereupon it shall replace the content of
Schedule "J" for all of the purposes of this Agreement. If a Staging Plan has been approved
pursuant to paragraph 5.7, prior to the issuance of an Authorization to Commence Works
in that stage the Owner agrees that the estimated costs of construction and installation of
the Works for each stage tin question, (the "Stage Cost Estimates"), shall be submitted by
the Owner to the Director for his consideration and if appropriate his approval. After
approval the Stage Cost Estimates shall be entered for the Owner and the Town by the
Director in Schedule "J". .
Subdivision Agreement
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5.10 Reauirements for Authorization to Commence Works
(1). The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Town, (the "Authorization to Commence
Works"). The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to
satisfying all the other requirements of this Agreement in respect thereof, an
Authorization to Commence Works shall not be issued for any of the Works for
which the Authorization is sought until the following conditions have been satisfied:
(a) the final Plan of Subdivision of the Lands has been approved by the Region
pursuant to the Planning Act;
(b) the final Pl~n of Subdivision of the Lands has been registered against the title
to the Lands;
,
(c) the Owner has delivered to the Town (1) a copy(s) of this Agreement as
registered against the title to the Lands; (2) a copy(s) of the registered Plan
of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s)
referred to in paragraph 2.3 of this Agreement;
(d) the Owner has paid to the Town any monies required by paragraphs 3.1, 3.2,
3.3 and 3.4 of this Agreement;
(e) the Owner has delivered the transfers of easements to the Town in
accordance with paragraph 2.4 of this Agreement;
(f) the Owner has delivered to the Town transfers of the lands and paid the
required cash in accordance with paragraphs 2.5, 2.6 and 4.12(4) of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) the Owner has delivered to the Town letters signed on behalf of the authority
/"
authorities or companies having jurisdiction with respect to the Utilities and
Services that are referred to in Schedule "H" that satisfactory Agreement(s)
have been entered into by the Owner with them for the design, construction,
installation and services of the Utilities and Services as is required by
paragraph 5.2 of this Agreement;
Subdivision Agreement
Page 42
(h) the Owner has retained the Owner's Engineer in compliance with paragraph
5.3(1), has provided the name, telefax number and address of the Owner's
Engineer to the Director in writing, has provided the Director with the written
acknowledgement and permission of the Owner's Engineer as required by
paragraph 5.5(2), and has provided the Director with the Owner's Engineer's
written undertaking that they or it will comply with the provisions of Schedule
"I" of this Agreement;
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
(j) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services of the Tree Preservation Plan as required by paragraph 4.1 of this
Agreement.
(k) the Owner has received written approvals of the Director of Planning and the
Director of Public Works of the Landscape Plan as required by paragraph 4.2
of this Agreement; .
(1) the Owner has received the written approval of the Director of the Grading
and Drainage Plan required by paragraph 5.6 of this Agreement;
(m) the Owner has received the written approvals of the Director of Public Works
and the Director of Planning of the Staging Plan as provided in paragraph 5.7
of this Agreement;
(n) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(0) the Owner has received the written approval of the Director to the Works
Cost Estimates or the Stage Cost Estimates as required by paragraph 5.9 of
this Agreement;
(P) the Owner has deposited with the Town the Performance Guarantee required
by paragraph 3.6 and other provisions of this Agreement and has made all
cash payments to and deposited all letters of credit with the Town as required
by this Agreement;
Subdivision Agreement
Page 43
(q) the Owner has deposited with the Town's Treasurer all policies of insurance
or proof thereof required by and in accordance with pa~agraph 3.9 and
Schedule "K" of this Agreement;
(r) the Owner has paid all costs required to be paid to the Town by paragraph
3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works;
(s) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Ministry of the Environment, the Ministry
of Natural Resources, the Region and the Central Lake Ontario Conservation
Authority with respect to the Works;
(t) the Owner has deposited with the Director its written undertaking to provide
the Director without cost with a copy of the contract documents, names and
addresses of all contractors, sub-contractors and suppliers of services and
materials, and copies of all sub-contracts and supply contracts relating to the
construction and installation of the Works for which the application for
Authorization to Commence Works is made, forthwith after written notice is
given by the Director to the Owner to provide any or all of the aforesaid
material; and
. (u) the Owner has been given the written approvals of the Director of Planning
and Development, Director of Public Works and Director of Community
Services as required by paragraph 4.12 of this Agreement.
(2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the
construction and installation of the Works with the written approval of the Director
prior to the registration of the Plan of Subdivision referred to in paragraph
5.10(1)(b), provided that the requirements of clauses 5.1O(1)(d), (g), (h), (i), 0), (k),
(1), (m), (n), (0), (p), (q), (r), (s) and (t) have been satisfied by the Owner and the
lands and easements considered by the Director to be necessary to accommodate the
Works and all components thereof have been transferred to the Town. In such a
case, however, a Certificate of Completion of the Works, shall not be issued by the
Director until a Plan of Subdivision of the Lands has been registered against the title
to the Lands and all the other requirements of this Agreement respecting the
issuance of a Certificate of Completion have been satisfied. Notwithstanding the
approval of the Director under this paragraph 5.10(2), the Owner agrees with the
pursuant to paragraph
Subdivision Agreement
Page 44
5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the
Owner hereby waives any right that he might have to compensation by or damages
from the Town that he might otherwise have as a result of its construction and
installation of any of the Works.
5.11 Requirements for Commencement of Subsequent Stal:es of Works
If the Director has approved a Staging Plan for the Lands, the Owner shall require
an Authorization to Commence Works for each stage defined in the Staging Plan.
5.12 Insnection and Ston Work
The Owner shall ensure that every contract that may be made by the Owner with any
contractor to construct or install any of the Works shall provide that employees or
representatives of the Town may, at any time, inspect the work of such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 5.12. The Director may give the Owner a written order to stop the
construction or installation of any of the Works that is being undertaken by giving written
notice either to the Owner or to the Owner's Engineer to that effect if in the Director's
opinion either (1) the Works are not being undertaken such that a completed construction
and installation of all the Works satisfactory to the Town in accordance with this Agreement
will result, or (2) the Performance Guarantee and the Security for the Maintenance
Guarantee required to be provided pursuant to this Agreement in respect of the Works has
not been deposited or is not maintained in good standing. The Owner shall comply with the
stop work order forthwith after it is given by the Director in accordance with this paragraph
5.12 by requiring the Owner's contractor and sub-contractors who are constructing and
installing the Works or components thereof in question and are referenced in the order to
comply with it forthwith. A stop work order may be given to the Owner by giving to its
Owner's Engineer by personal service on the Owner's Engineer or any representative of the
Owner's Engineer, by prepaid first class post addressed to the Owner's Engineer, or by
telefax to the Owner's Engineer at the address and telefax number referred to in paragraph
5.3(1) or 5.3(2), whichever is applicable.
5.13 Construction in Accordance with En~ineerinl: Drawinl:s
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering Drawings
is permitted unless such deviation is authorized in writing by the Director before it
----- is _E.!~dertaken._AlL.QQ.ns.tr:JJ.c1:ic.and installation of the Works;-s1ra.1lDe undeifiiKen
Subdivision Agreement
Page 45
and carried out by the Owner or by the Owner's contractor, as the case may be, in
accordance with the regulations for construction set out in Schedule ilL".
(2) The Owner shall keep the Town road surfaces and ditches clean of dirt, mud and
refuse until a Certificate of Acceptance of all Works contemplated in this Agreement
has been issued as provided for by this Agreement. If the Owner has not performed
its obligations under this paragraph 5.13(2), the Town may do so and deduct the
reasonable cost thereof from the Performance Guarantee. The Owner shall restore
the Performance Guarantee to the amount otherwise required by this Agreement,
forthwith after the Director gives the Owner written notice of the amount of the
deduction in question.
5.14 Seauence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Com-pletion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works; the Owner shall complete the construction 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, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any incidental additional work is required to provide for the
adequate operation, functioning and maintenance of any of the Works, the Owner, at its
cost, shall construct and install such additional facilities and perform such additional work
as the Director may request from time to time by written notice given to the Owner.
Subdivision Agreement
Page 46
5.17 Incomnlete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Agreement, if, in the opinion
of the Director, (1) the Owner is not coIistructing and iDstalling or causing to be
constructed or installed ariy of the Works required by this Agreement so that it or
they will be completed within the time specified for such completion in the Schedule
of Works, or (2) the Works or any component(s) thereof are being improperly.
constructed or installed, or (3) the Owner neglects or abandons the said Works or
any part of them before completion, or (4) umeasonable delay occurs in the
construction or installation of the Works, or (5) for any other reason the Works are'
not being constructed or installed properly and promptly and in full compliance with
the provisions of this Agreement, or (6) the Owner neglects or refuses to reconstruct
or reinstall any of the Works or component(s) thereof which may be rejected by the
Director as being defective, deficient or unsuitable, or (7) the Owner otherwise
defaults in performance of this Agreement, then in any such case after first receiving
authorization to do so by the Town Council, the Director may give the Owner notice
in writing of his opinion respecting any such matter. Following the later to occur of
the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory
holidays following the giving of such notice plus the expiry of any additional period
as may be specified in the notice given to the Owner by the Director, the Town, at
the cost and expense of the Owner, may engage a contractor, supplier of services or
materials and such workmen, and purchase such services, supplies and/or services as
in the opinion of the Director are required for the completion of the construction
and installation of the Works and all components thereof and the performance of all
covenants of the Owner relating to the Works as provided by this Agreement. In
cases of an emergency or urgency, or in order to preserve the integrity of the Works
or any component thereof as determined by the Director in his absolute discretion,
any deficiency(s) or defect(s) in the Works, and any failure to complete the Works
and all components thereof in accordance with this Agreement may be corrected,
remedied or completed by the Town its contractors, suppliers and employees at the
cost of the Owner without prior notice to the Owner, provided that forthwith after
the Town so acts, the Director shall give written notice to the Owner of his
determination as aforesaid, describing the action taken by the Director, and the cost
of correcting or remedying the deficiency or default in question or the cost of
completing the Works and the components thereof, as the case may be. For the
purposes of this paragraph 5.17(1) the cost of any work which the Town undertakes
under this paragraph 5.17(1) shall be determined by the Director in his absolute
discretion. It is understood and agreed by the Parties that the costs for which the
____.____~~r iU~onsibl~_!l.!!~!:. thlu!!!'@gI'..ill2!l5..!17{1.) shalLinclud~._!!.JJlanageme1!.t fee
Subdivision Agreement
Page 47
payable to the Town either of thirty (30%) percent of the contractor's charges to the
Town (including any charges for overhead and profit) or, if such work is undertaken
by the Town, thirty (30%) percent of all costs incurred by the Town to correct or
remedy the deficiencies or defect or to complete the Works and all components
thereof as the case may be. The Owner shall pay the Town an amount equal to the
cost of all Works and components thereof, and the cost of correcting or remedying
all deficiencies and defects referred to in this paragraph 5.17(1) which have been
incurred by the Town or are estimated in the Director's absolute discretion to be
likely to be incurred by the Town forthwith after the Director gives the Owner
written demand for payment of such cost. If the amount paid is based on the
Director's estimate as aforesaid, forthwith after actual costs are known the Director
shall give the Owner written notice thereof. If the actual costs are' more than the
estimated costs, the Owner shall forthwith pay the Town an amount equal to the
difference between them. If the actual costs are less than the estimated costs, the
Town shall forthwith refund the difference between them to the Owner.
(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Town or is filed with the Town, or (2) the Town receives written notice
of a claim of an alleged beneficiary of a statutory trust under the Construction Lien
Act, such registration, filing or notice shall constitute a default in performance by the
Owner of this Agreement. In any such case, the Director may notify the Owner in
writing of such default. If the Owner fails to discharge the lien or the claim as the
case may be within ten (10) business days, excluding Saturdays, Sundays and statutory
holidays, after the giving of such notice plus any further period of time as may be
specified in the notice, then the Town in its absolute discretion either may pay the
full amount of the claim and costs into a Court of competent jurisdiction, or may
discharge the claim by paying the same. The Town may draw on and appropriate the
whole or any portion(s) of the Performance Guarantee and the Security for the
Maintenance Guarantee for the purpose of making payment under this paragraph
5.17(2). The Owner shall indemnify the Town against the costs and expense incurred
by the Town in making a payment pursuant to this paragraph 5.17(2) forthwith after
the Director gives the Owner written notice requiring him to do so. In the event that
the Town draws on and appropriates any portion of the Performance Guarantee or
the Security for the Maintenance Guarantee for any of the aforesaid purposes,oforthwith after the Director gives written notice to the Owner requiring it to do so,
the Owner shall reinstate the Performance Guarantee and/or the Security for the
Maintenance Guarantee, as the case may be, to the full amount(s) required under
Subdivision Agreement
5.18 Acknowledt:ement Resnectin~ Emergency etc. Repairs
Page 48
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands
or any portion of them nor any such action by the Director or any person authorized to
undertake the same by the Director shall be deemed to be an acceptance of any of the
Works by the Town, nor an assumption by the Town of any responsibility or liability in
connection therewith, or a release by the Town of the Owner from any of its obligations
under this Agreement.
5.19 Damage to Existing Services (Rural Apnlication Only)
Forthwith after written demand therefor is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Town, the cost of repairing any damage to any
property or services of the Town, the Region. or any utility authority or company or (the
"Damaged Services") including without limiting the generality of the foregoing, any road(s),
water, electrical, gas, telephone, cable television and sewer systems, and the cost of
relocating any Damaged Services, caused by or resulting from the development of anyone
(1) or more portions of the Lands, or the construction or installation of any of the Works,
provided that all such repairs and or relocation(s) are completed to the satisfaction of the
Director, the Region and the relevant utility authority or company which owns or is
responsible for the Works, property or services in question. In addition. the Owner agrees
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
pursuant to this Agreement which are located in driveways or so close thereto as in the
opinion of the Director will interfere with the use of the driveway in question, forthwith
after being given written notice by the Director requiring the Owner to undertake such
relocation.
5.20 Damage to Neiehbouring Wells
(1) Prior to the commencement of and during the period of construction or installation
of the Works, the Owner shall cause to be carried out, at its expense, the ground
water monitoring program which has been approved by the Director pursuant to this
paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shall be
prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall
be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first
approved by the Director. The draft Monitoring Program shall be submitted to the
---------f)iredul fUl lllll I.:olll>idelallon aIld applOval. After the Monitoring Program has been
Subdivision Agreement
Page 49
approved, it'shall be implemented by the Hydrogeologist. The Monitoring Program
shall describe the number and location of the piezometric observation wells which
are to be installed by the Owner, and the frequency, method of observation, method
of collection and recording of data and the timing, form and addressees of the report
of the Hydrogeologist's analyses and findings to the Town, as well as such other
matters as the Director considers to be appropriate. After the draft Monitoring
Program has been approved by the Director with or without such modification(s) as
he may consider appropriate, it is the Monitoring Program for the purposes of this
Agreement.
(2) For the duration of the Monitoring Program, the Owner, at its cost, shall cause the
Hydrogeologist to provide the Director with a copy of all reports prepared by him
in connection with or in implementation of the Monitoring Program forthwith after
they are prepared. For the duration of the Monitoring Program, the Owner also
shall cause the Hydrogeologist to make available to the Director, at no cost to the
Town, forthwith after a written request therefore is given to the Hydrogeologist by
the Director, a copy of all data collected and all analyses made in connection with
or implementation of the Monitoring Program. Forthwith following the completion
of the Monitoring Program, the Owner shall cause the Hydrogeologist to provide to
the Director, at no cost to the Town, a copy of all data collected and all analyses and
reports made by the Hydrogeologist in connection with or in implementation of the
Monitoring Program which previously have not been provided to the Director
pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist,
in a form satisfactory to the Town Solicitor that all the data, analyses and reports
required to be provided to the Director by this paragraph 5.20(2), have been
provided to him, In addition to the foregoing, the Owner shall cause the
Hydrogeologist to prepare separate reports, to the satisfaction of the Director for
each and every occurrence of apparent well interference caused by construction
activity within the Lands and reported to the Town, and to deliver the same to the
Director, at no cost to the Town, forthwith after each of them is completed.
(3) If an Appropriate Authority determines that the well or private water supply of any
person(s) outside the Lands is interfered with or dewatered as a tesult of the
construction or installation of the Works:
(a) where the interference to a well or private water supply is of short term
duration (i.e. during the course of dewatering and excavation and within one
(1) month of the completion of dewatering), in the opinion of an Appropriate
Subdivision Agreement
Page 50
Authority, the Owner shall make available to the affected party(s), a
temporary supply of water at no cost to the affected party(s); or
(b) where in the opinion of an Appropriate Authority the interference to a well
or private water supply is of a long term duration, at the option of the Owner
and at its cost, the Owner either (1) with the Region's approval shall connect
the affected party's property to the Region's water supply system, or (2) the
Owner shall provide a new well or private water system for such affected
party(s) so that water supplied to the affected party's property shall be of a
quality and quantity at least equal to the quality and quantity of water enjoyed
by the affected party(s) prior to the interference, as may be required by the
Appropriate Authority by written notice given to the Owner.
(4) Without derogating from the other provisions of this paragraph 5.20, if the Director
gives written notice to the Owner that he has reason to believe that the well or
private water supply of any person(s) outside the Lands is interfered with or
dewatered as a result of the construction or installation of the Works, forthwith after
such notice is given, the Owner shall cause the quantity of potable water considered
to be appropriate by the Director to be supplied to the affected person(s) free of
charge either until such time as the Town Council, after considering a report thereon
from the Director or an Appropriate Authority decides that the well or private water
supply in question has not been interfered with or dewatered as a result of the
construction or installation of the Works, or until such time as the Owner performs
its obligation under paragraph 5.20(3), as the case may be.
5.21 Use of Works by Town
The Owner acknowledges and agrees that any of the Works may be used by the
Town and such other person(s) who is (are) authorized by the Town for any of the purposes
for which the Works are designed, without interference by the Owner, and without the
payment of any fee or compensation to the Owner, and for such purposes the Town and
other person(s) authorized by the Town may enter upon the portion(s) of the Lands on
which the Works are located.
5.22 Maintenance of Roads after Comnletion
(1) In addition to any other requirement of this Agreement that the Owner maintain the
Works, if any Quilding(s) on the Lands is occupied, the Owner, at the Owner's cost,
----shathrraintatn-each road(s), whictrls requtredtooe consTructed and proViOes access-----
Subdivision Agreement
Page 51
to such building(s), until a Certificate of Acceptance has been issued for such
road(s), and without limiting the generality of the foregoing, the Owner shall:
(a) maintain the road(s) at all times in a well drained, dust and mud free
condition, suitable for ordinary vehicular traffic, to the approval of the
Director;
(b) during the course of construction and installation of the Works, Utilities and
Services pursuant to this Agreement, provide and maintain safe and adequate
access to all occupied buildiJ?gs; and
( c) erect a sign to the satisfaction of the Director to indicate that the road( s) are
"unassumed road(s)" which the Town is not required by law to repair and
maintain.
(2) The Town agrees to snowplough and sand all paved road(s) shown on the registered
Plan of Subdivision of the Lands, for and on behalf of the Owner until t,he Certificate
of Completion of the Final Works has been issued, provided that until the date of
issuance of the aforesaid Certificate of Completion, the Owner shall pay to the Town
one hundred (100%) percent of the costs of snowploughin~ and sanding such road( s),
as determined by the Director, from time to time, and forthwith after being given
written notice of such costs by the Director.
(3) The Owner acknowledges and agrees that the undertaking or provision of repairs or
maintenance by the Town under paragraphs 5.18, 5.19 or 5.22(2) in respect of
road(s), is not intended nor shall it in any way constitute or be taken to constitute
the approval or assumption by the Town of the road(s) in question. The road(s)
shall not be deemed to have been assumed until both a Certificate of Acceptance has
been issued, and a By-law has been passed by Town Council dedicating the road(s)
as public highway(s) and assuming it for the purpose of liability to repair and
maintain it as provided by the Municipal Act, and such By-law has been registered
in the Land Registry Office.
5.23 Reauirements for Certificate of Comnletion
The Owner acknowledges and 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 ~_________________
with ,^'I'ittefl: certificate 11rarsuClilSlliecase (the "Certificate of Completion"). In addition
Subdivision Agreement
Page 52
to satisfying the other requirements of this Agreement respecting its issuance, a Certificate
of Completion shall not be issued until 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 he is satisfied such Works have been constructed and installed in
accordance with the Engineering Drawings and has received all certificates and
confirmations from the Owner's Engineer as provided for in this Agreement.
5.24 Requirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a Certificate
of Completion shall be accepted, nor deemed to be accepted for the purpose of this
Agreement until the Director has provided the Owner with written certificate that the
Works in question have been accepted ("the Certificate of Acceptance)". If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance of
the Initial Works, the Stormwater Management System and/or the Street Lighting System
have been satisfied, and without limiting the generality of the foregoing, if the Director is
of the opinion' that the Works in question have, been maintained in compliance with
paragraph 3.10 and all deficiencies and defects in such Works have been remedied and
corrected by the Owner on behalf of the Town, the Director shall provide the Owner with
a Certificate of Acceptance of the relevant Works. If the requirements of this Agreement
respecting the issuance of a Certificate of Acceptance of the Final Works have been
satisfied, and without limiting the generality of the foregoing, if the Director is of the
opinion that the Works in question have been maintained in accordance with paragraph 3.10
and all deficiencies and defects in such Works have been remedied and corrected by the
Owner, and the Director reports his opinion that such Works should be accepted by the
Town for the Town Council, Council may approve the report of the Director. Following
Council's approval of this report as aforesaid the Director may provide the Owner with a
Certificate of Acceptance of the Final Works.
5.25 Ownershin of Works by"Town
For greater certainty, the Owner acknowledges and agrees that the Town is the
Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall have
no right or claim thereto, other than as an owner of land abutting a highway in which such
Works are installed.
Subdivision Agreement
Page 53
5.26 Requirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Town shall provide the Owner
with a written release (the "Certificate of Release") respecting the Lands, for which a Plan
of Subdivision has been registered. The Certificate of Release shall be in a form suitable
for registration or deposit in the proper Land Registry Office. In addition to the Owner
satisfying the other requirements of this Agreement respecting the issuance of a Certificate
of Release, the Certificate of Release shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained
by the Owner at the Owner's expense has provided the Town with written
confirmation that at a date not earlier than the date of issuance of the
Certificate of Completion of the Final Works, he has found, placed or
replaced all standard iron bars shown on the registered final Plan of
Subdivision of the Lands and has found, placed or replaced all survey
monuments at all block corners, the end of all curves, other than corner
roundings, and all points of change in direction or road( s) on such Plan; and
(c) Town Council has by resolution, acknowledged that the Owner has satisfied
all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant
to comply with the requirements of this Agreement in respect of applications for building
permits for dwellings on the Lands.
5.27 Not Used
5.28 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of
by reason of any of them being oversized to
Subdivision Agreement
Page 54
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by the Development Charge By-law, or in
any other manner, or for any other reason.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Town and the Region. Without limiting the generality of the foregoing, at all times the
Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and
services in connection with the construction, installation and maintenance of the Works to
comply with the provisions of the Occupational Health and Safety Act, and the Workers'
Compensation Act.
ARTICLE 7 . RESPONSIBILITY OF SUBSEOUENT OWNERS
After the issuance of the Certificate of Release, the Owner, its successors and assigns
as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against
the title to the Lands shall have the sole responsibility for the following which shall be
performed or undertaken at its cost:
(a) the provision and maintenance of adequate drainage of surface waters from such
lot(s) or block(s) in accordance with the approved Grading and Drainage Plan
referred to in paragraph 5.6 herein of this Agreement;
(b) compliance with the provisions of paragraph 4.6 "Requirements for Building Permits"
of this Agreement if, at the date of issuance of the Certificate of Release, a building
permit has not been issued for the lot(s) or block(s) in question; and
(c) the maintenance offencing required by Schedule "G" and paragraph 4.2.
Subdivision Agreement
Page 55
,ARTICLE 8 . TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 9 . AUTHORITY TO MAKE AGREEMENT
The Owner acknowledges and agrees that the Town has authority to enter into this
Agreement, that every provision hereof is authorized by the law and is fully enforceable by
the Parties, and that this Agreement is made by the Town in reliance on the
acknowledgement and agreement of the Owner as aforesaid.
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 9uly authorized in that behalf.
SIGNED, SEALED AND
) THE CORPORATION OF THE TOWN OF
) NEWCASTLE
)
DELIVERED )
) Mayor
In the presence of: )
)
) Clerk
)
)
)
) [NAME OF PARTY]
)
)
) Name: Title:
)
)
) Name: Title:
)
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of
Newcastle, enacted and passed the _ day of , 1993.
LEGAL DESCRIPTION OF LANDS
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
PLAN OF SUBDMSION
(Insert reduction of Plan lST-
\
Schedule "B"
-2-
(Insert reduction of the 40M Plan)
SCHEDULE "e"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
CHARGES AGAINST LANDS
(1) Municipal Taxes
(2) Local Improvement Charges
(3) Drainage Charges
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of
Newcastle, enacted and passed the _ day of , 1993.
SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES
Subject to paragraph 3.4(1) of this Agreement the Owner shall make the
following payments on account of DevelopmeIit Charges to the Town in respect of the
development of the Lands consisting of * single family dwellings; * semi-detached
dwellings; * townhouse dwellings (collectively referred to as the "Total Dwellings") on tbe
occasions set out below. Subject to the adjustments referred to in paragraph 3.4 (1) of this
Agreement the aggregate amount so payable is * dollars payable as follows:
(a) Twenty-five (25%) percent of the aforesaid aggregate amount being *
dollars on the filing of an application for a building permit for the first (1st)
dwelling proposed to be constructed on the Lands (the "First Application"),
provided that if the number of building permits for which applications are
made in the first (1st) year following the making of the First Application
exceeds twenty-five (25%) percent of the Total Dwellings, the Owner shall pay
with each application for a building permit for each additional dwelling a
further amount equal to the amount of the Development Charge imposed by
the Development Charge By-law for the additional dwelling or dwellings in
question (the "First Excess Payment").
(b) Twenty-five (25 %) percent of the aforesaid aggregate amount being * dollars
less an amount equal to the First Excess Payment, if any, on the first (1st)
anniversary of the First Application, provided that if the number of building
permits for which applications are made in the first (1st) year following the
making of the First Application exceeds fifty (50%) percent of the Total
Dwellings, the Owner shall pay with each application for a building permit for
each additional dwelling a further amount equal to the amount of the
Development Charge imposed by the Development Charge By-law for the
additional dwelling or dwellings in question (the "Second Excess Payment").
Schedule "D" -5-
(c) Twenty-five (25%) percent of the aforesaid aggregate amount being * dollars
less an amount equal to the aggregate of the First Excess Payment and the
Second Excess Payment, if any, on the second (2nd) anniversary of the First
Application, provided that if the number of building permits for which
applications are made in the second (20 year following the making of the First
Application exceeds seventy-five (75%) percent of the Total Dwellings, the
Owner shall pay with each application for a building permit for each
additional dwelling a further additional amount equal to the amount of the
development charge imposed by the Development Charge By-law for the
additional dwelling or dwellings in question (the "Third Excess Payment").
(d) Twenty-five (25%) percent of the aforesaid aggregate amount being * dollars
less an amount equal to the aggregate ,of the First Excess Payment, the
Second Excess Payment, and'the Third Excess Payment, if any, on the third
(3rd) anniversary of the First Application.
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of . 1993.
(1) On the execution of this Agreement, the Owner shall deliver to the Town transfers
of the following easements:
(2) Easements for the rear yard catchbasins and storm sewers shall be perpetual in
duration.
(3) Without derogating from the other provisions of this Agreement, the Owner shall
transfer or cause to be transferred to the Town easements to accommodate any work
provided for in the approved Engineering Drawings or the Reapproved Engineering
Drawings in lands located beyond the limits of the Lands as may be required by and
to the satisfaction of the Director by notice given in writing to the Owner. The
Director shall determine the duration and terms of any such easements. The
transfers shall be prepared by the Owner at its cost, shall be free and clear of all
encumbrances and restrictions, shall contain other provisions satisfactory to the
Town's solicitor, shall be made for a nominal consideration, and shall be in
registrable form. Paragraphs 2.4 and 2.6 shall apply in respect of transfers with all
necessary changes to them being considered to have been made to give effect to the
intent of this paragraph (3).
(4) The Owner shall transfer to the Town any turning circle(s) required by the conditions
of approval of the draft Plan of Subdivision in accordance with the Town's Design
Criteria and Standard Drawings and shall construct and maintain such turning circles
in accordance With the Town's Design Criteria and Standard Drawings. Such
temporary turning circles shall be shown on the 40M Plan as a block and shall be
held by the Town until the extension of Street at which time the block shall
be conveyed without charge to the owners of the abutting lots.
(5) Temporary turning circle easements shall be transferred to the Owner of the abutting
lots at such time as the temporary turning circle(s) is removed and the roadway
extended through for a nominal consideration.
(6) The Owner shall transfer or cause to be transferred to the Town any easements for
the disposal of storm water from the said Lands which are required by the Director
which are external to the said Lands at no expense to the Town. The easements
Schedule "E"
-2-
shall be transferred to the Town forthwith after the Director gives the Owner written
notice of his requirements and the reasons therefore. Paragraphs 2.4 and 2.5 of this
Agreement shall apply with all necessary changes to them being considered to have
been made to give effect to the extent of this provision.
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of
Newcastle, enacted and passed the _ day of , 1993.
LANDS TO BE TRANSFERRED TO TOWN AND/OR CASH TO BE PAID
IN LIEU THEREOF
(1) Dedication of Lands
The Owner shall deliver to the Town in a form satisfactory to the Town,
transfers in fee simple absolute the following land shown on the 40M Plan:
(2) Cash in Lieu of Lands for Park or Other Public Recreational Purposes
On the execution of this Agreement, the Owner shall pay to the Town, as cash in lieu
of the dedication by the Owner to the Town of lands for park or other public recreational
purposes, the amount of five (5%) percent of the market value of the Lands which the
Owner and the Town hereby acknowledge and agree to be properly calculated at the rate
of (5%) percent applied against the sum of dollars.
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of
Newcastle, enacted and passed the _ day of , 1993.
WORKS REOUIRED
The Owner shall construct, install, superyise and maintain the following Works,
including all connections, alternations, adjustments and transitions required to suit existing
systems or lands in accordance with the Town's Design Criteria and Standard Drawings, and
the Engineering Drawings, all to the approval of the Director:
(l)(a) A storm sewer system for the removal of upstream storm water and storm water
originating within the said Lands, including storm sewer mains and connections,
manholes, service connections, catchbasins and rear yard catchbasins and leads, open
'channels, storm outfalls and structures and any other appurtenances and oversizing
as may be required (the "Storm Sewer System").
(b) A stormwater management system consistent with the "Master Drainage Plan",
complete with overland flow routes, detention and retention facilities, quality control
devices, outlets, erosion and sedimentation control measures and any other necessary
facilities as required (the "Stormwater Management System").
(c) A road system with accommodates the servicing of the Lands, providing for all
vehicular and pedestrian traffic and access to all lots and blocks within the Lands,
including the remo,?,al or installation of turning circles, and the Works required within
the road, including suitable subgrade, subbase and base granular materials, sub drains,
base and top st~ge' curbs and gutters, base and surface asphalt, traffic control and
street name signs and sidewalks and all streets cape components including street trees,
boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where
sidewalks exist, gravel driveway aprons with paved surfaces between curb and
sidewalk (the "Road System").
(d) A street lighting system which provides illumination of roads and walkways to serve
the said Lands including all connections, energy and maintenance costs, appurtenant
apparatus and equipment, in the locations as approved by the Director (the "Street
Lighting System").
SCHEDULE "H"
THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the ~ day of , 1993.
UTILITIES AND SERVICES REOUlRED
1. ELECTRICAL SUPPLY SYSTEM
The Owner shall arrange with the appropriate authority having jurisdiction 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, TELEPHONE SYSTEM
The Owner sh\lll arrange with 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.
3. GAS SUPPLY SYSTiE:M
The Owner shall arrange with an appropriate gas company for the design, provision
and installation of a complete gas 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.
4. 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
Schedule "H"
-2-
and installation of a complete cable television distribution system to serve the said
Lands. All cable television services are to be installed underground.
5. MAIL DISTRIBUTION SYSTEM
The Owner shall arrange with Canada Post for the provision and installation of a
mail distribution system to service the said Lands, in the location as approved by the
Director.
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirements of this Agreement, the Owner's Engineer shall
prepare all drawings, plans, studies, reports, estimates, calculations and documentation
for the consideration and approval of the Director, which include:
(a) the Engme~ring Drawings and other related Drawings;
(b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans,
Utility Composite Plans, Master Drainage Plans, Erosion and
Sedimentation Control Plans, Tree Preservation Plans, and other
related Plans;
( c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater
Management Reports, Stomwater Implementation Reports and other
related Reports;
(d) Schedules of Work;
. (e) the Works Cost Estimates or Stage Cost Estimate; and
(f) all documentation and verification to support Performance Guarantee
and Security for the Maintenance Guarantee reduction submissions,
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, reports, stages or documentation or from liability for any damage or loss
caused or resulting directly or indirectly by the Owner's Engineer.
Schedule "I"
-2-
2. REPRESENT OWNER AND OBTAIN TOWN APPROVALS
The Owner's Engineer is hereby authorized by the Owner to act as the Owner's
representative in all matters pertaining to the design, construction and installation of the
Works and the overall management of the development, and shall co-operate with the
Town and the Director to protect the interests of the Town and the general public in all
matters relating to the design, construction and installation of the Works. In addition,
the Owner's Engineer shall work in accordance with all conditions of this Agreement,
including Section 5 and Schedules "G", "R", "I", "J" and "L".
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer sha1l provide fully qualified, experienced supervisory layout
and inspection staff, acceptable to the Director, to provide continuous inspection service
during all phases of the construction and installation of the Works and the private works.
Without limiting the generality of the foregoing, the Owner's Engineer shall be
responsible for the following:
(a) To carry out or arrange for the carrying out by qualified personnel of field
layout including the provision of line and grade to the contractors and, where
required, res taking.
(b) To thoroughly inspect the construction, installation, ahd supply of materials
to ensure that all work is being performed in accordance with the Engineering
Drawings, the Town's Design Criteria and Standard Drawings and all
applicable hlw. The Owner's Engineer shall have the authority and
responsibility to immediately stop and/or reject any work, procedure, or
material which in his opinion does not comply with the Engineering Drawings,
the Design Criteria and Standard Drawings, and/or the applicable law.
(c) To carry out or arrange the carrying out by qualified perSonnel of all
necessary monitoring and field testing of procedures, equipment and materials
installed or proposed to be installed and, in conjunction with the geotechnical
engineer, and where appropriate, the structural engineer, provide certification
to the Director that all monitoring and test results meet the requirements of
Schedule "L" of this Agreement.
Schedule "I" -3-
(d) To provide co-ordination and scheduling of the construction and installation
of the Works in accordance with the timing provisions contained in this
Agreement and the requirements of the Director.
(e) To investigate and immediately report to the Director any unusual
circumstances, potential problems, conflicts, errors, defective work or material
which may arise during the construction and installation of the Works.
(f) To obtain field information during and upon completion of the construction
and installation of the Works required to modify the Engineering Drawings
to produce the as-constructed drawings of the Works
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records, data, reports, approvals and orders
pertaining to the construction and installation including all contract documents, sub-
contracts and supply contracts, payment certificates, payment records and receipts,
certificates of substantial performance, the names and addresses of all contractors, sub-
contractors and suppliers of materials and services, certificates of completion of sub-
contracts and proof of service and publication thereof in accordance with the provisions
of applicable legislation and make all of the foregoing available for examination by the
Director as required by the Director without cost. If any change is made in the terms
of a contract, sub-contract or supply contract or in the name or address of a contractor,
sub-contractor and supplier from information that may not have been provided to the
Director by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's
Engineer immediately after becoming apprised of each change shall give the Director
written notice of it.
5, PROVIDE PROGRESS REPORTS
The Owner's Engineer shall provide the Director with reports on the progress of the
construction and installation of the Works on a monthly basis, or at such other interval
as approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit the as-constructed drawings of the
Works together with the computer disks, if any have been pIepaled, to the DIrector
Schedule "In
-4-
provided that the as-constructed drawings shall be prepared to the satisfaction of the
Director.
SCHEDULE ilK"
THIS SCHEDULE IS SCHEDULE ilK" to the Agreement which has been
authorized and approved by-law No. 93- of the Corporation of the Town of Newcastle,
enacted and passed the ~ day of , 1993.
INSURANCE REOIDRED
1. TYPES OF COVERAGE REOIDRED
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 Town's Treasurer and licensed in Ontario to underwrite such
insurance and containing terms and conditions which are acceptable to the Town's
Treasurer, Such policy or policies of insurance shall indemnify the Town against all
d~age 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;
(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;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may results from the storage, use or handling
of explosive~;
(e) any loss or damage that shall or may result from the drainage of surface
waters on or from the said Lands;
(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 Town 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, Utilities and Services
Schedule "K"
-2-
2. AMOUNTS OF COVERAGE REOUIRED
Policy or policies of insurance shall be issued jointly in the names of the
Owner and the Town and shall provide the following minimum coverages for five
million ($5,000,000.00) dollars for all damage arising out of one (1) accident or
occurrence or series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or
them by the Town shall not be construed to relieve the Owner from responsibility for
other or larger claims for which it may be held responsible.
3. EXEMPTION 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;
(b) any pile drhing or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause;
or
( d) any storage, handling or use of explosives in cases in which the Owner is
required to obtain the Director's permission to carry out a blasting operation
under Schedule "L" of this Agreement.
4. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day on which
the first Authorization to Commence Works is issued and shall terminate no earlier than
the last day on which all Certificates of Acceptance have been issued for each of the Works
for all of the Works contemplated by this Agreement.
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
REGULATIONS FOR CONSTRUCTION
1. GENERAL
All work pursuant to and associated with this Agreement shall be carried out
in strict conformity with all approved Engineering Drawings, the Town's Design
Criteria, Standard Drawings and Specifications or any revisions thereof and all
applicable legislation, in addition to any requirements set out in this Agreement.
2. SAFElY
The Owri.er shall ensure that all construction pursuant to and associated with
this Agreement is carried out in conformance with the Occupational Health and
Safety Act, and other applicable legislation.
3. PERMITS AND APPROVALS
The Owner shall ensure that any and all permits and approvals required to
install or construct or prepare to install or construct any of the Works pursuant to
or associated with any part of this Agreement have in fact obtained and are valid and
in good standing.
4. REOUIREMENTS FOR BLASTING
Prior to commencing any blasting, the Owner shall obtain from the Director,
permission to carry out the blasting operation.
5. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purpose and such topsoil must remain within the limits of the said
Lands.
Schedule "L"
-2-
6. 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 removed any fill from any lands to be
dedicated to the Town other than the roads within the limits of the said Lands,
without the written consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
The Owner shan remove and dispose of all construction garbage and debris
from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Town shall not be responsible for. the
removal or disposal of garbage and debris. The Owner shall deliver a copy of this
provision to each and every builder obtaining a building permit for any part of the
said Lands and to ensure that no burning of construction garbage or debris is
permitted on the said Lands. Without derogating from the foregoing provisions of
this paragraph, if the Owner fails to remove construction garbage or debris from the
Lands for a period of three (3) consecutive days following the giving of written notice
by the Director to the Owner requiring it to do so, the Director may cause the
construction garbage or debris to be removed to and disposed of in the aforesaid
dumping site at the expense of the Owner. Forthwith after the Director gives written
notice to the Owner requiring it to pay for the costs incurred in removing and
disposing of the construction garbage or debris, the Owner shall pay the Town the
amount of money for it is invoiced.
8. QUALITATIVE AND OUANTITATIVE TESTS
(1) The Owner's Engineer shall arrange for and monitor all testing or procedures,
equipment and materials, by a qualified geotechnical engineer and where
applicable, a qualified structural engineer, who shall ensure conformance with
the Engineering Drawings, and either with the Town's Design Criteria and
Standard Drawings, or in cases where criteria have not been specified by the
Town, with the Ontario Provincial Standards for Roads and Municipal
Services.
(2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer,
in conjunctiol). with the geotechnical engineer and where applicable structural
engineer, shall issue a certificate in 1I forro a('ceptable to the Director,
confirming, based on the location, frequency and type of tests and monitoring
Schedule "L"
-3-
and the results of such tests or monitoring, that he is satisfied with the
materials testing methods used and that the results conform to the
requirements of paragraph 8(1) of this Schedule "L".
(3) The Owner agrees that the Director may, at his sole discretion, employ a
geotechnical engineer to carry out independent qualitative or quantitative tests
on behalf of the Town, for any portion of the Works, procedures, equipment
or materials installed or constructed or to be installed or constructed and that
the costs of such testing shall be paid by the Owner.
9. TELEVISED INSPECTION OF STORM SEWER
The Owner agrees to televise and record, to the satisfaction of the Director,
and for Town use, all of the storm sewers, and where deemed necessary by the
Director, all catchbasin leads and service connections and, subsequent to any
rectifications or additional work, to re-televise and record to the satisfaction of the
Director, any storm sewer, catchbasin lead, rear yard catchbasin lead or service
connection and that all associated costs shall be paid by the Owner.
10. WINTER CONSTRUCTION
In addition to the materials testing criteria for cold weather construction! any
pipe bedding, trench backfill or road building material found to contain frozen
material shall be deemed unacceptable and shall be removed immediately.
The Owner shall not commence placement of base asphalt paving later than
December 1st and shall not commence placement of surface asphalt paving later than
November 15th, unless approved otherwise by the Director.
Should the Director be of the opinion that any of the Works are not being
constructed using effective cold-weather precautions he may, in his absolute
discretion, revoke any Authorization to Commence Works and suspend construction
by issuing a stop work order to be in effect until the Director give the Owner written
notice of the termination of the stop work order.
11. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS
The Owner shall. at all times duri.n,g.Jhe. life of this Agreement ensure th~t
during any construction on the said Lands, all public highways abutting the said
Schedule "L"
-4-
Lands and all public highways used for access to the said Lands, shall be maintained
in a condition' at least equal to their condition on the date as of which this is
Agreement is made, and in all cases to the satisfaction of the Director. At all times,
the Owner shall maintain all such highways free of dust and mud which originate
from the Lands. If, in the opinion of the Director, a highway has been damaged as
a result of the construction, installation or maintenance of the Works, or the
development of any portion of the Lands as a result of any action or default by any
person other than the Town, its agents, employees or contractors, forthwith after the
Director gives the Owner written notice of his opinion, the Owner, at the Owner's
expense, shall repair such road to the condition which is at least equal to its
condition immediately prior to the date of such damage, to the satisfaction of the
Director. No highway outside the limits of the said Lands shall be closed without the
prior written approval of the authority having jurisdiction over such highway. The
Owner agrees not to use or occupy any untravelled portion of any road allowance
without the prior written approval of the authority having jurisdiction over such road
allowance.
12. MAINTENANCE OF INTERNAL ROADS
Prior to the placement of the base course of asphalt on any road required to
be constructed under this Agreement, the Owner shall remove any contamination of
the granular 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 granular base course as a temporary road.
Similarly, prior to the placement of the surface of asphalt on any road
required to be constructed under this Agreement, the Owner shall clean the base
course of asphalt and repair and replace such base course where necessary.
Until the roads within the 40M Plan are assumed by the Town, the Owner
shall maintain all internal roads in a condition acceptable to the Director, and shall
ensure these roads are free of dust and mud.
13. WEED AND RAT CONTROL
After the, commencement of construction the Owner shall institute upon the
T -ands II proerllm 0:[ weed and rat control to the satisfaction of thc Director.
SCHEDULE "M"
TIllS SCHEDULE IS SCHEDULE "M" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of
Newcastle, enacted and passed the _ day of , 1993.
USE OF TIlE LANDS
The Owner agrees that the said Lands shall not be used for the purpose other
than as set out in the following table:
LOT OR BLOCK NUMBER
ON 40M PLAN
PERMITTED LAND USE
SCHEDULE "N"
THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of . 1993.
LANDS UNSUITABLE FOR BUILDING
The Owner agrees that no application will be made for a building permit for
the erection of any structure on the Lands listed in the following table, until the conditions
listed in the following table have been satisfied to the approval of the Director of Public
Works and/or any other Authorities having jurisdiction.
LOT OR BLOCK NUMBER
ON 40M PLAN
LAND USE
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of ,1993. .
LAND REOUIRING SITE PLAN APPROVAL
The Owner shall not make or permit or offer any person(s) to make an
application for a building permit for the erection of any building or structure on any of the
lands listed in the following table until a Site Plan Agreement has been entered into with
the Town and the building permit complies in all respects with the terms of the Site Plan
Agreement.
LOT OR BLOCK NUMBER
ON 40M PLAN
SCHEDULE "Po
THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of . 1993.
SCHEDULE "0"
THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
CONSERVATION AUTHORITY'S WORKS
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
ENGINEERING AND INSPECTION FEES
Estimated Cost of Works
Fees
Up to $100,000.00
4% to a maximnm of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated cost of services -
whichever is 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 2.50% 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
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto, and shall also include the estimated cost of
Region services. The payment of the Engineering and Inspection fees to the Town are
subject to the Goods and Services Tax, and therefore an additional seven (7%) percent must
be added to the fees calculated using this Schedule and paid by the Owner to the Town.
The Engineering and Inspection Fees are to be paid to the Town prior to issuance
of the Authorization to Commence Works provided that if there is a Staging Plan the
Engineering and Inspection Fees relating to each stage are to be paid to the Town prior to
issuance of the Authorization to Commence Works for the stage in question.
SCHEDULE US"
THIS SCHEDULE IS SCHEDULE US" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of . 1993.
REGION'S CONDITIONS OF APPROVAL DATED
SCHEDULE"T"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
TREE PRESERVATION PLAN
(See Attached)
SCHEDULE "un
THIS SCHEDULE IS SCHEDULE "u" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of . 1993.
LANDSCAPING PLAN
(See Attached)
SCHEDULE "V"
THIS SCHEDULE IS SCHEDULE "Y" to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of . 1993.
REOUIREMENTS OF OTHER AGENCIES
A. MINISTRY OF NATURAL RESOURCES
SCHEDULE W
THIS SCHEDULE IS SCHEDULE W to the Agreement which has been
authorized and approved by By-law No. 93- of The Corporation of the Town of Newcastle,
enacted and passed the _ day of , 1993.
ARCHITECTURAL CONTROL STANDARDS
All dwellings to be erected on the said Lands shall satisfy the following
architectural control standards:
1. EXTERNAL MATERIALS:
(a) Exterior construction must be a minimum of forty (40%) percent masonry products
excluding stucco and concrete blocks. No substitution is allowed except by written
permission of the Director of Planning and Development.
(b) Dwellings sited at corners require full height masonry products on all elevations.
2. COLOURS:
(a) Colours of bricks, siding, roofs and trims must be compatible and in harmony such
as earth tone range, pastel range, grey!black range etc.
(b) Where bricks are used, coloured mortar is required.
(c) Accent colour bricks for brick detailing is permitted provided if used consistently in
group of dwellings.
(d) Colour of caulking around metal flashing or windows is required to match colour of
brick or siding.
3. REPETITION OF ELEVATIONS AND STYLES:
(a) Any two (2) dwellings abutting each other must exhibit a minimum of twenty-five
(25%) percent exterior variations in elevations or colour schedule.
(b) Dwellings of identical elevation and! or colour schedule must be separated by a
minimum of four (4) dwellings.
Schedule W
-2-
(c) Dwellings which mimic the influence of a particular architectural influence (eg.
Georgian, Colonial, Spanish) are permitted only if constructed in a group reflecting
the same architectural influence.
4. OTHERS:
(a) All metal roof vents and stacks must be located in the rear slope of roofs and must
be painted to match the roof colour if exposed to public view.
(b) All dwellings must carry brick veneers to within twelve (12) inches of grade on front
elevation and within twenty (20) inches on side and rear elevations. Exposed
concrete foundation in excess of the aforementioned standard will not be permitted.
(c) The Owner shall encourage the builder of dwellings to vary siting and setback of
dwellings.
(d) The above standards are minimum standards and builders are encouraged to exceed
the standards as long as the objective of creating attractive and aesthetically pleasing
appearance is achieved.
-----------------_.~-~--- ---- --