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HomeMy WebLinkAbout75-156Report No. 156 STANDARD SUBDIVISION AGREEMENT (TEXT): - Municipal Planning Consultants Company have now completed work on the text of the proposed standard subdivision agreement as required by Staff Report No. 83 approved by the Planning Advisory Committee on September 12th, 1974. The agreement has been designed to accomodate all types of subdivisions by which the Town may wish to approve in the future. In order to accomodate all types of subdivisions, a standard text has been adopted and alternative schedules are being drawn up which will permit different standards to be used in different types of subdivisions. The text has been discussed in a joint meeting with the Works Department, the Bowmanville Public Utilities Commission and Ontario Hydro, and certain revisions have been made as a result of that meeting. Mr. G. Crawford of the Regional Works Department was unable to attend the meeting, but he gave his approval to the document in a let- ter dated July 29, 1975. Rather than attempting to explain the reasons for the inclusion of each clause in the agreement which would be a monumental task, I am suggesting that members of the Committee read the draft over carefully and raise any questions which tyey may have at the meeting. Mr. Barber and I will attempt to answer any questions raised at that time. 2 - If the Committee are satisfied with the text of the agreement, it should be recommended to Council for approval and the consultants should be instructed to complete the schedules as quickly as possible. Respectfully submitted, '" George F. Howden, Planning Director. STANDARD FORM SUBDIVISION AGREEMENT TOWN OF NEWCASTLE PN: 444o/5 DRAFT: 3 March 1975 REVISED: 2 September 1975 MUNICIPAL PLANNING CONSULTANTS CO. LTD. TOWN PLANNERS . PROFESSIONAL ENGINEERS TORONTO KINGSTON CANADA THIS AGREEMENT, made in quintuplicate this ............ day of .......... A.D., 197 . BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Municipality" OF THE FIRST PART -and-...................................................................... hereinafter called the "Owner" OF THE SECOND PART -and-...................................................................... hereinafter called the "Mortgagee" OF THE THIRD PART WITNESSES THAT: WHEREAS the lands affected by this Agreement, which are described in Schedule "A" hereto, are hereinafter called the "said lands" and are reported to be approximately ........................acres; AND WHEREAS the Owner warrants that it is the registered owner of the said lands; AND WHEREAS the Owner warrants that the Mortgagee is the only mortgagee of the said lands; AND WHEREAS the Owner warrants that it has applied to the appropriate Minister of the Government of Ontario, hereinafter called the "Minister", for approval of a plan of subdivision of the said lands; AND WHEREAS, to comply with the Minister's conditions for such approval, the Owner has consented to enter into this Agreement with the Municipality; AND WHEREAS the Owner warrants that it has entered into an agreement with the Corporation of the Regional Municipality of Durham, hereinafter called the "Region", to construct, install and maintain certain public works for the Region; AND WHEREAS in this Agreement, "Owner" includes an Individual, an Association, a Partnership or a Corporation and, wherever the singular is used herein, it shall be construed as including the plural; AND WHEREAS in this Agreement, "Municipal Engineer" means the Director of Public Works of the Town of Newcastle; AND WHEREAS in this Agreement, "Regional Engineer" means the Commissioner of Public Works of the Regional Municipality of Durham; NOW THEREFORE, in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the Parties hereto agree as follows: CERTIFICATION OF OWNERSHIP 1. The Owner shell, at the time of execution of this Agreement, provide the Munic- ipality with a letter, directed to the Municipality and signed by an Ontario Solicitor, certifying as to the names of all owners of the said lands, (1) CERTIFICATION OF MORTGAGEE 2. The Owner shall, at the time of execution of this Agreement, provide the Municipality with a letter, directed to the Municipality and signed by an Ontario Solicitor, certifying as to the names of all mortgagees of the said lands. COPY OF PLAN REQUIRED 3. The Owner shall, at the time of execution of this Agreement, provide the Municipality with a certified copy of the plan of subdivision for the said lands, prepared by a registered Ontario Land Surveyor for final approval by the Minister. Such plan of subdivision shall be attached hereto as Schedule "B" and hereinafter called the "Plan". PAYMENT OF TAXES 4. The Owner shall, at the time of execution of this Agreement, pay all Munic- ipal taxes outstanding against the said lands, as set out in Schedule "C" hereto. The Owner further agrees to pay any Municipal taxes, which may become due and payable by it, in respect of any of the said lands, prior to the sale by the Owner of such lands. PAYMENT OF LOCAL IMPROVEMENT CHARGES 5. The Owner shall, at the time of execution of this Agreement, pay all charges with respect to existing local improvements assessed against the said lands, as set out in Schedule "C" hereto. Such charges shall include the Municipality's share of any local improvements which serve the said lands. PAYMENT OF DRAINAGE CHARGES 6. The Owner shall, at the time of execution of this Agreement, pay all drainage charges assessed under The Drainage Act against the said lands, as set out in Schedule "C" hereto. PAYMENT OF LOT LEVIES 7. The Owner shall, at the time of execution of this Agreement, pay all lot levies assessed against the said lands, as set out in Schedule "D" hereto. DEDICATION OF EASEMENTS 8. The Owner shall, prior to the release for registration of the Plan, execute and deliver to the Municipality grants of easements, free and clear of all liens, charges and encumbrances, as set out in Schedule "E" hereto. If, subsequent to the registration of the Plan, further easements are required for utilities or drainage, the Owner agrees to grant such easements. DEDICATION OF LANDS 9. The Owner shall, prior to the release for registration of the Plan, execute and deliver to the Municipality deeds of conveyance, sufficient to vest in the Municipality absolute title in fee simple, free and clear of all liens, charges, encumbrances and easements, as set out in Schedule "F" hereto. Such conveyances shall include the dedication by the Owner to the Municipality of lands in the amount of Five Percent (5%) of the said lands unless the Municipality has agreed to accept cash in lieu of such lands, as provided herein. (2) CASH IN LIEU OF LANDS 10. The Owner agrees that, if the Municipality agrees to accept cash in lieu of the dedication by the Owner to the Municipality of lends in the amount of Five Percent (5%) of the said lands, the amount of such cash payment shall be as set out in Schedule "F" hereto and shall be determined by an appraisal, approved by the Municipality, based on the serviced land value of such lands after registra- tion of the Plan. The Owner further agrees to pay to the Municipality aoy such cash payment as set out in Schedule "F" hereto, at the time of execution of this Agreement. REGISTRATION OF DEEDS AND GRANTS OF EASEMENT 11. The aforementioned deeds and grants of easement shall be prepared and registered by the Municipality at the Owner's expense. In such deeds and grants of easement, the registered number of the Plan shall be left blank so that such number may be -inserted after the Plan has been registered. LANDS FOR SCHOOL PURPOSES 12. The Owner shall, at the time of execution of this Agreement, deposit with the Municipality 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. MUNICIPAL WORKS REQUIRED 13. The Owner shall be responsible for the construction, installation and maintenance of certain services and facilities, the ownership of which, upon the issuance of a Certificate of Acceptance, as provided herein, will rest in the Municipality. Such services and facilities shall be as set out in Schedule "G" hereto and hereinafter called the "Works". REGIONAL WORKS REQUIRED 14. The Owner shall be responsible for the construction, installation and maintenance of certain services and facilities, the ownership of which, upon the fulfillment of certain obligations by the Owner, will rest in the Region. Such services and facilities shall be as set out in Schedule "H" hereto and hereinafter called the "Regional Works". 15. The Owner shall be responsible for making design and installation arrange- ments for the services and facilities as set out in Schedule "I" hereto and here- inafter called the "Utilities". The Owner shall be responsible to the Municipality for all costs of Utilities required for the said lands which may be chargeable directly to the Owner or to the Municipality. PRIVATE WORKS REQUIRED 16. The Owner shall be responsible for the construction, installation and maintenance of certain services and facilities which are not classified herein as Works, Regional Works or Utilities. Such services and facilities shall be as set out in Schedule "J" hereto and hereinafter called the "Private Works". OWNER'S ENGINEER 17. The Owner shall retain a competent Professional Engineer, approved by the Municipality and registered by the Association of Professional Engineers of Ontario and hereinafter called the "Owner's Engineer", for the purposes as set out in Schedule "K" hereto and for any other purposes as required herein. (3) DESIGN OF WORKS AND PRIVATE WORKS 18. The Owner agrees that the design of all of the Works and the design of all of the Private Works shall comply with the engineering standards for subdivisions as set out in Schedule "L" hereto. APPROVAL OF ENGINEERING DRAWINGS 19. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Municipal Engineer for all drawings of all of the Works and all of the Private Works, hereinafter called the "Engineering Drawings". If no construction of the Works has commenced within two (2) years of the date of approval of the Engineering Drawings, the Engineering Drawings shall be resubmitted to the Municipal Engineer for revision and further approval. APPROVAL OF GRADING AND DRAINAGE PLAN 20. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Municipal Engineer of a plan, hereinafter called the "Grading and Drainage Plan", and showing thereon all proposed grading and drainage works for the said lands. If no construction of the Works has commenced within two (2) years of the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Municipal Engineer for revision and further approval. APPROVAL OF LANDSCAPING PLAN 21. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Municipal Engineer of a plan of the said lands, hereinafter called the "Landscaping Plan", and showing thereon: (1) the location and approximate size of all existing trees; and (2) the location of all existing trees to be removed during the development of the said lands; and (3) the location, type and approximate size of all new trees to be planted during the development of the said lands. APPROVAL OF SCHEDULE OF WORK 22. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the Municipal Engineer of a schedule, hereinafter called the "Schedule of Work", which sets out the timing sequence in which the Owner proposes to construct and install all of the Works and all of the Private Works. STAGING OF WORKS 23. If the Owner wishes to construct and install the Works in stages, the Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein and upon receiving written approval therefor from the Municipality, have prepared, for the approval of the Municipal Engineer, a plan, hereinafter called the "Staging Plan", which divides the Plan into stages for the construction, installation and maintenance of the Works. (4) APPROVAL OF COST ESTIMATES 24. The Owner agrees that, prior to the issuance of any Authorization to Com- mence Works as provided herein, the estimated cost of construction and installa- tion of all of the Works, hereinafter called the "Works Cost Estimate", shall be approved by the Municipal Engineer and entered in Schedule "M" hereto. If the Municipality has approved a Staging Plan for the said lands, the Owner further agrees that the estimated cost of construction and installation of the Works for each stage, hereinafter called a "Stage Cost Estimate", shall be approved by the Municipal Engineer and entered in Schedule "M" hereto. PERFORMANCE GUARANTEE REQUIRED 25. In order to guarantee that the Works will be constructed and installed in accordance with the provisions of this Agreement, the Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, lodge with the Municipality a "Performance Guarantee" consisting of cash and/or a bank letter of credit and/or a guarantee bond, issued by a surety or guarantee company licensed by the Province of Ontario. The Performance Guarantee shall be in the amount of One Hundred Percent (100%) of the Works Cost Estimate or in the amount of One Hundred Percent (100%) of the Stage Cost Estimate, applying to that stage of the Plan for which the Owner is seeking an Authorization to Commence Works. The cash portion of the Performance Guarantee shall be as set out in Schedule "N" hereto. The Performance Guarantee shall be subject to the approval of the Municipal Solicitor and the Municipal Treasurer. USE OF PERFORMANCE GUARANTEE 26. The Owner agrees that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Performance Guarantee if the Owner fails to pay any costs, payable by the Owner to the Municipality under this Agreement, by the due date of the invoice for such costs. INDEMNIFICATION OF MUNICIPALITY 27. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, indemnify the Municipality against all actions, causes for action, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of the Owner undertaking the development of the said lands, together with any or all of the Works, Regional Works, Utilities and Private Works pertaining thereto. The Owner agrees to so indemnify the Munic- ipality until the issuance of the Certificate of Release as provided herein. Such indemnification shall include any policies of insurance as set out in Sche- dule "0" hereto. APPROVAL OF CONTRACTORS 28. The Owner agrees that any contractor employed by the Owner to construct or install any of the Works or any of the Private Works shall be approved by the Municipality in writing prior to the contract being made. Such contract shall provide that employees or agents of the Municipality may, at any time, inspect the work of such contractor pertaining to the said lands and shall have the power to stop any such work in the event that, in their opinion, work is being performed in a manner which may result in a completed installation that would not be satisfactory to the Municipality. REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS 29. The Owner shall not commence the construction or installation of any of the Works or any of the Private Works without the written permission of the Municipality, hereinafter called an "Authorization to Commence Works". In addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any of the Works or any of the Private Works until: (5) (1) the Plan has received final approval from the Minister; and (2) the Plan has been registered; and (3) the Owner has paid to the Municipality any outstanding charges against the said lands as set out in Schedule "C" hereto; and (4) the Owner has paid to the Municipality any lot levies as set out in Schedule "D" hereto; and (5) the Owner has dedicated to the Municipality any grants of easement as set out in Schedule "E" hereto; and (6) the Owner has dedicated to the Municipality any lands and/or cash as set out in Schedule "F" hereto; and (7) the Owner has received the approval of the Municipal Engineer for the Engineering Drawings; and (8) the Owner has received the approval of the Municipal Engineer for the Grading and Drainage Plan; and (9) the Owner has received the approval of the Municipal Engineer for the Landscaping Plan; and (10) the Owner has received the approval of the Municipal Engineer for the Schedule of Work; and (11) the Owner has received the approval of the Municipal Engineer for any Staging Plan; and (12) the Owner has deposited with the Municipality the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works; and (13) the Owner has deposited with the Municipality any policies of insurance as set out in Schedule "0" hereto. PROVISIONS FOR CONSTRUCTION AND INSTALLATION 30. The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to construct and install all of the applicable Works and Private Works continuously and as quickly as possible, subject to the direction of the Municipal Engineer or other employees or agents of the Municipality. All of the Works and all of the Private Works shall be constructed and installed in accordance with the Engineering Drawings as approved by the Municipal Engineer. No variation from the Engineering Drawings shall be permitted unless such variation is authorized in writing by the Municipal Engineer. All construction on the said lands shall be carried out in accordance with the regulations for construction as set out in Schedule "P" hereto. SEQUENCE OF CONSTRUCTION AND INSTALLATION 31. If, in the opinion of the Municipal Engineer, any of the Works or any of the Private Works will in any.manner`benefit or serve land that is outside the limits of the said lands, the Owner shall observe such order of construction and installation of the Works and the Private Works as the Municipal Engineer may require and for that purpose shall construct or install such facilities or perform such work as the Municipal Engineer may request from time to time. (6) ADDITIONAL FACILITIES OR WORK REQUIRED 32. If, in the opinion of the Municipal Engineer, any additional work is required to provide adequately any of the Works or any of the Private Works, the Owner shall construct or install such additional facilities or perform such additional work as the Municipal C,.runcil may.request from time to time. INCOMPLETE OR FAULTY WORK 33. If, in the opinion of the Municipal Engineer, the Owner is not prosecuting or causing to be prosecuted the work required by this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Municipal Engineer as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Municipal Engineer, make default in performance of the terms of this Agreement, then in any such case the Municipal Engineer, on authority of the Municipal Council, shall promptly notify the Owner and his surety in writing of such default or neglect, and if such notification be without effect within seven (7) clear days after such notice..then, in that case, the Municipal Council shall thereupon have full authority and power immediately to purchase such materials, tools and machinery and employ such workmen as in the opinion of the Municipal Engineer shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Municipal Council, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Municipal Engineer, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty Percent (20%) of all labour, materials and machine time charges incurred to complete the work, and further, a fee of Thirty Percent (30%) of the charges incurred for the dislocation and inconvenience caused to the Municipality as a result of such default on the part of the Owner, being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this Clause is one of the considerations without which the Municipality would not have executed this Agreement. ENTRY FOR EMERGENCY REPAIRS 34. The Owner agrees that, at any time or from time to time, employees or agents of the Municipality may enter the said lands for the purpose of making emergency repairs to any of the Works or any of the Private Works. Such entry and repairing shall not be deemed an acceptance of any of the Works or any of the Private Works by the Municipality, nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owner from any of his obligations under this Agreement. DAMAGE OR RELOCATION OF EXISTING SERVICES 35. The Owner agrees to pay the cost of repairing any damages to any existing services and the cost of relocating any existing services, caused by the develop- ment of the said lands or any of the work required by this Agreement, provided all work is to be done to the satisfaction of the Municipal Engineer and/or the authorities responsible for such services. The Owner further agrees to pay the cost of moving any of the Works installed, under this Agreement, in driveways or so close thereto, in the opinion of the Municipal Engineer, as to interfere with the use of the driveway. (7) USE OF WORKS BY MUNICIPALITY 36. The Owner agrees that any of the Works may be used by the Municipality, or other authorized persons, for the purposes for which the Works are designed. Such use of any of the Works shall not be deemed an acceptance of any of the Works by the Municipality, nor an assumption by the Municipality of any liability in connection therewith, nor a release of the Owner from any of his obligations under this Agreement. USE OF SAID LANDS 37. The Owner agrees that the said lands shall not be used for any purpose, other than as set out in Schedule "Q" hereto, without the prior written consent of the Municipality. LANDS UNSUITABLE FOR BUILDING 38. The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "R" hereto are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on any such lot or block until the conditions outlined in Schedule "R" hereto for such lot or block have been satisfied to the approval of the Municipal Engineer and/or any other authorities having jurisdiction. REQUIREMENTS FOR BUILDING PERMITS 39. Neither the execution of this Agreement by the Municipality, nor the approval by the Municipality of the Plan for registration, nor the issuance by the Munic- ipality of any Certificate of Acceptance shall be deemed to give any assurance that Municipal building permits, when applied for, will be issued in respect of any of the said lands. The Owner agrees that no application for any building permit in respect of any of the said lands shall be made until: (1) all of the roads, which are required to be constructed under this Agreement and will provide access to the proposed building, have been so constructed as to permit their use by such vehicles as may be required during the con- struction of the proposed building to the approval of the Municipal Engineer; and (3) all of the Works, required to be constructed and installed under such roads, have been constructed and installed to the approval of the Municipal Engineer; and (3) all of the Regional Works, required to be constructed and installed under such roads, have been constructed and installed to the approval of the Regional Engineer; and (4) all of the Utilities, required to be constructed and installed under such roads, have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities; and (5) all of the Private Works, required to be constructed and installed under such roads, have been constructed and installed to the approval of the Munic- ipal Engineer and any authorities having jurisdiction over such Private Works; and (6) the Municipal Engineer and/or the Regional Engineer have provided the Munic- ipality with written confirmation that the necessary capacity is available in any water supply facility or any sewage treatment facility required to serve the proposed building; and (8) (7) the Owner's Engineer has provided the Municipal. Engineer with written confir- mation that the lot or block, for which the building permit is requested, conforms to the Grading and Drainage Plan or has received the approval of the Municipal Engineer with respect to any variance to the Grading and Drainage Plan. REQUIREMENTS FOR RENEWAL OF BUILDING PERMITS 40. The Owner agrees that no application for the renewal of any building permit in respect of any of the said lands shall be made until: (1) Authorizations to Occupy have been issued, as provided herein, for buildings erected on at least Sixty Percent (60%) of the lots on the Plan; and (2) the Municipal Engineer and/or the Regional Engineer have provided the Munic- ipality with written confirmation that the necessary capacity is still available in any water supply facility or any sewage treatment facility required to serve the proposed building. REQUIREMENTS FOR SALE OF LANDS 41. The Owner agrees not to sell any or all of the said lands until: (1) the Municipality has registered against the title of such lands any grant of easement in respect of such lands; and (2) the Owner has obtained from the prospective purchaser a covenant that such purchaser agrees to provide the Municipality with any grants of easement required for utility or drainage purposes upon the written request of the Municipality; and (3) the Owner has obtained from the prospective purchaser a license to permit the Owner to enter upon such lands to perform its obligations under this Agreement; and (4) the Owner has inserted, in the agreement to purchase entered into by the prospective purchaser, the full particulars as to the nature and cost of any of the Owner's obligations under this Agreement which are to be assumed by such purchaser. REQUIREMENTS FOR AUTHORIZATION TO OCCUPY 42. The Owner shall not permit any building on the said lands to be occupied without the written permission of the Municipality, hereinafter called an "Authorization to Occupy". In addition to any other requirements contained.herein, no Authorization to Occupy shall be issued for any building until: (1) all of the roads, which are required to be constructed under this Agreement and will provide access to such building, have been completely constructed, with the exception of the final surface treatment, to the approval of the Municipal Engineer; and (2) all of the Works, other than such roads, required to be constructed and installed to service such building, have been constructed and installed to the approval of the Municipal Engineer; and (3) all of the Regional Works, required to be constructed and installed to service such building, have been constructed and installed to the approval of the Regional Engineer; and (4) all of the Utilities, required to be constructed and installed to service such building, have been constructed and installed to the approval of the authorities having jurisdiction over such Utilities; and (9) (5) all of the Private Works, required to be constructed and installed to service such building, have been constructed and installed to the approval of the Municipal Engineer and any authorities having jurisdiction over such Private Works; and (6) the Owner's Engineer has provided the Municipal Engineer with written confirmation that the lot or block, where such building is located, conforms to the Grading and Drainage Plan or has received the approval of the Municipal Engineer with respect to any variance to the Grading and Drainage Plan. OCCUPANCY LIQUIDATED DAMAGES 43. If, for any reason whatsoever, occupancy of any building constructed under this Agreement on the said lands occurs prior to the issuance of an Authorization to Occupy for such building, then the Owner agrees to pay to the Municipality liquidated damages in the amount of One Hundred Dollars ($100.00) per dwelling unit per day to cover the additional costs of administration, inspection and fire protection. The liquidated damages shall commence at, and include, the day of occupancy and end when the Owner obtains an Authorization to Occupy for such building from the Municipality. MAINTENANCE OF ROADS AFTER OCCUPANCY 44. If any building on the said lands is occupied, the Owner agrees to maintain all of the roads, which are required to be constructed under this Agreement and which provide access to such building, until a Certificate of Acceptance has been issued for such roads, as provided herein. Such roads shall be: (1) maintained, at all times, in a well drained, dust -free and mud -free condition, fit for normal vehicular traffic, to the approval of the Municipal Engineer; and (2) snow -plowed and sanded, so as to permit their use by normal vehicular traffic, to the approval of the Municipal Engineer. COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION 45. The Owner shall, within two (2) years of the date of issuance of an Autho- rization to Commence Works, complete the construction and installation of all of the Works and all of the Private Works authorized in such Authorization to Commence Works. REQUIREMENTS FOR CERTIFICATE OF COMPLETION 46. The Owner agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be com- pleted for the purposes of this Agreement until the Municipal Engineer has pro- vided the Owner with written confirmation thereof, referred to herein as a "Certificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) all of the Works and all of the Private Works authorized by such Authorization to Commence Works have been inspected by the Municipal Engineer and the Munic- ipal Council has approved the written report of the Municipal Engineer that all such works have been constructed and installed in accordance with the latest versions of the Engineering Drawings which have been approved by the Municipal Engineer; and (10) (2) the Owner has provided the Municipality with a statutory declaration that the Owner has paid all accounts payable in respect of the construction and installation of all of the Works and all of the Private Works authorized by such Authorization to Commence Works and that there are no outstanding claims relating to such works. REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES 47. If the Municipality has approved a Staging Plan for the said lands, the Owner shall require an Authorization to Commence Works for each stage of the Plan. If the Municipality has issued an Authorization to Commence Works for one stage of the Plan, in addition to any other requirements contained herein, no Authorization to Commence Works shall be issued for any subsequent stages of the Plan until: (1) the Stage Cost Estimate for such stage has been approved by the Municipal Engineer and entered in Schedule "M" hereto; and (2) the Owner has deposited with the Municipality the Performance Guarantee applying to that stage of the Plan for which the Owner is seeking such Authorization to Commence Works. PERIOD OF REQUIRED MAINTENANCE OF WORKS 48. The Owner shall, from the date of issuance of a Certificate of Completion, maintain all of the Works covered by such Certificate of Completion for a period of two (2) years. MAINTENANCE GUARANTEE REQUIRED 49. In order to guarantee that all defects in the Works, which become apparent after the issuance of a Certificate of Completion for such Works and prior to the issuance of a Certificate of Acceptance for such Works as provided herein, will be properly replaced or repaired, the Owner shall, prior to the release of the Performance Guarantee for such Works, lodge with the Municipality a "Maintenance Guarantee" in an amount approved by the Municipal Engineer. Toe Maintenance Guarantee shall be subject to the approval of the Municipal Solicitor and the Municipal Treasurer. USE OF MAINTENANCE GUARANTEE 50. The Owner agrees that the Municipality may at any time, by resolution of Municipal Council, authorize the use of all or part of any Maintenance Guarantee if the Owner fails to pay any costs, payable by the Owner to the Municipality under this Agreement, by the due date of the invoice for such costs. REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE 51. The Owner agrees that the Municipality shall not be obligated to release to the Owner the unused portion of any Performance Guarantee until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Municipality the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Owner has provided the Municipality with a statutory declaration that the Owner has paid all accounts payable in respect of the construction and in- stallation of all of the Works for which such Performance Guarantee was re- quired and that there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE 52. The Owner agrees that any of the Works covered by a Certificate of Completion shall not be deemed to be accepted for the purposes of this Agreement until the Municipal Engineer has provided the Owner with written confirmation thereof, referred to herein as a "Certificate of Acceptance". In addition to any other requirements contained herein, no Certificate of Acceptance shall be issued until: (1) all of the Works covered by such Certificate of Completion have been inspected by the Municipal Engineer and the Municipal Council has approved the written report of the Municipal Engineer that all such Works have been maintained to the approval of the Municipal Engineer; and (2) Authorizations to Occupy have been issued, as provided herein, for buildings erected on all of the lots in the Plan, or in those stages of the Plan for which an Authorization to Commence Works has been issued. OWNERSHIP OF WORKS BY MUNICIPALITY 53. The Owner agrees that, upon the issuance of a Certificate of Acceptance, the ownership of all the Works covered by such Certificate of Acceptance shall rest in the Municipality and the Owner shall have no right or claim thereto, other than as an owner of land abutting a road in which such Works are installed. REIMBURSEMENT FOR OVERSIZED OR EXTERNAL SERVICES 54. The Municipality agrees to reimburse the Owner for any oversized or external services as set out in Schedule "S" hereto in the amounts estimated by the Munic- ipality as set out in Schedule "S" hereto at such time as the Municipality has issued a Certificate of Acceptance for such services. REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE 55. The Owner agrees that the Municipality shall not be obligated to release to the Owner the unused portion of any Maintenance Guarantee until: (1) a Certificate of Acceptance has been issued for the Works for which such maintenance Guarantee was required; and (2) the Owner has provided the Municipality with a statutory declaration that the Owner has paid all accounts payable in respect of the maintenance of all of the Works for which such Maintenance Guarantee was required and that there are no outstanding claims relating to such Works. MAINTENANCE AGREEMENT REQUIRED 56. In order to guarantee that certain Private Works will be properly maintained, the Owner shall, prior to the issuance of the Certificate of Release as provided herein, enter into an agreement for such purpose, hereinafter called a "Maintenance Agreement". (12) REQUIREMENTS FOR CERTIFICATE OF RELEASE 57. The Municipality agrees to provide the Owner with an effective written release for the said lands, referred to herein as the "Certificate of Release", in a form suitable for registration or deposit in the applicable Registry or Land Titles Office. In addition to any other requirements contained herein, the Certificate of Release shall not be issued until: (1) Certificatesof Completion have been issued for all of the Private Works; and (2) the Owner has entered into a Maintenance Agreement with the Municipality; and (3) Certificates of Acceptance have been issued for all of the Works; and (4) a registered Ontario Land Surveyor, approved by the Municipality, has pro- vided the Municipality with written confirmation that, at a date not earlier than the end of the maintenance period described herein, he has found or re- placed all standard iron bars as shown on the Plan and survey monuments at all block corners, the ends of all curves, other than corner roundings, and all points of change in direction of roads on the Plan. (5) the Municipal Council has, by resolution, declared that the Owner is not in default of any of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided herein and the Owner's acceptance of the conditions for applying for Municipal building permits as provided herein. RESPONSIBILITY FOR DRAINAGE 58. Even after the issuance of the Certificate of Release, the registered owner of each lot or block on the Plan shall have the sole responsibility for providing and maintaining adequate drainage of surface waters from such lot or block. INTEREST IN SAID LANDS 59. The Owner and the Mortgagee hereby charge all their interest in the said lands with the obligations set out in this Agreement. PAYMENT OF MUNICIPAL COSTS 60. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner" unless the con- text otherwise requires. The Owner shall reimburse the Municipality for all administrative, planning, legal, engineering and inspection costs incurred by the Municipality in connection with the development of the said lands. UNPAID CHARGES 61. The due dates of any sum of money payable herein shall be thirty (30) days after the date of the invoice. Interest at the usual Municipal rate shall be payable by the Owner to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. NOTIFICATION OF OWNER 62. If any notice is required to be given by the Municipality to the Owner in respect of this Agreement, such notice shall be mailed or delivered to: ................................................................................ or such address as the Owner has notified the Municipality in writing, and any such notice mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement. C13) REGISTRATION OF AGREEMENT 63. The Owner and Mortgagee hereby consent to the registration of this Agreement by the Municipality, and at the sole discretion of the Municipality, against any title to any or all of the said lands. CANCELLATION OF AGREEMENT 64. In the event that the Plan has not been approved by the Minister within one (i) year of the date of execution of this Agreement, the Municipality may, at its option, on thirty (30) days written notice to the Owner, declare this Agreement to be null and void. REtNEGOTIATION OF AGREEMENT 65. The Owner agrees that the Municipality may, at its option, on thirty (30) days written notice to the Owner, declare this Agreement to be subject to rene- gotiation, whereupon the Owner agrees not to undertake any construction or in- stallation of any of the Works or any of the Private Works until this Agreement has been renegotiated. This Agreement may be subject to renegotiation if: (1) the Minister approves a plan of subdivision for the said lands which is different from the Plan attached hereto as Schedule "B"; or (2) no construction or installation of any of the Works has commenced within two (2) years from the date of registration of the Plan. ASSIGNMENT OF AGREEMENT 66. The Owner shall not assign this Agreement or any of its obligations hereunder without the prior written consent of the Municipality. SCHEDULES TO AGREEMENT 67. The following Schedules, which are identified by the signatures of the Parties to this Agreement and which are attached hereto, together with all provisions con- tained therein, are hereby made a part of this Agreement as fully and to all in- tents and purposes as though recited in full herein: Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Schedule "F" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "N" Schedule "011 Schedule "P" Schedule "Q" Schedule "R" Schedule "S" - "LEGAL DESCRIPTION OF SAID LANDS" - i°PLAN OF SUBDIVISION FOR FINAL APPROVAL" - "CHARGES AGAINST SAID LANDS" - "LOT LEVIES" - "GRANTS OF EASEMENT TO BE DEDICATED" - "LANDS AND/OR CASH TO BE DEDICATED" - "WORKS REQUIRED" - "REGIONAL WORKS REQUIRED" - "UTILITIES REQUIRED" - "PRIVATE WORKS REQUIRED" - "DUTIES OF OWNER'S ENGINEER" - "ENGINEERING STANDARDS FOR SUBDIVISIONS" - "COST ESTIMATES" - "CASH PORTION OF PERFORMANCE GUARANTEE" - "INSURANCE POLICIES REQUIRED" - "REGULATIONS FOR CONSTRUCTION" - "USE OF SAID LANDS" - "LANDS UNSUITABLE FOR BUILDING" "OVERSIZED AND/OR EXTERNAL SERVICES" 68. This Agreement shall enure to the benefit of and be binding upon all of the Parties hereto and its, his or her respective heirs, executors, administrators, successors and assigns. (14) IN WITNESS WHEREOF the Parties hereto have hereunder set their hands and seals the day and year first above written, and the Parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly autho- rized in that behalf. SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE TOWN OF NEWCASTLE: in the presence of: ) Mayor (SEAL) Clerk )OWNER: ) (SEAL) )MORTGAGEE: (SEAL) THIS AGREEMENT has been authorized and approved by By-law No .......... enacted and passed the................................day of..................., A.D., 197 . THIS AGREEMENT has been registered on the title to the lands described in Schedule "A" hereto on the.........................day of..................., A.D., 197 . (15)