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HomeMy WebLinkAbout75-179Report No. 179 ST1UMARD FORM OF SUBDIVISION AGREEMENT, - We have now received and have enclosed herewith the final draft of the above agreement (from our Consultants). We have reviewed the draft in meetings with the Works De- partment, the Town's Solicitor, and the Consultants and have suggested nine revisions to the Consultants draft, which are attached hereto. Since it would be impossible to explain the purpose of every clause in the agreement and the revisions thereto, we trust that any questions which members of the Committee may have can be answered at the meeting. I would recommend that the agreement be approved by the Committee subject to a final detailed review as to legal form by the Town's solicitor. Respectfully submitted, George F. Howden, Planning Director. STAFF REVISIONS TO SUBDIVISION AGREEMENT (1) DEDICATION OF EASEMENTS 8. The Owner shall, prior to the release for registration of the Plan, execute and deliver to the Municipality transfers of easements, free and clear of all liens, charges and encumbrances, as set out in Schedule "E" hereto. If, subsequent to the reg- istration of the Plan, further easements are required for util- ities or drainage, the Owner agrees to transfer such easements. (2) ,DEDICATION OF LNDS 9. The Owner shall, prior to the release for registration of the Plan, execute and deliver to the Municipality transfers of land, 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 '+1 hereto. Such trans- fers shall include the dedication by the Owner to the Munici- pality 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. (3) DESIGN OF WORKS i1ND PRIVATE WORKS 17. The Owner agrees that the design of all of the Works and the design of all of the Private Works shall comply with the Engin- eering Standards for Subdivisions of the Town of Newcastle. (4) REQUIREMENTS FOR BUILDING PERMITS In addition, the Owner agggees that no application for any building permit in respect of Lots) or Block(s) shall be made until the Owner has entered into a Site Plan Agreement with the Municipality respecting the development of each such lot or Block, which is to be used for multi -family residential commercial and/or industrial purposes as specified in Schedule 11011, (5) REUIREMENTS FOR CERTIFIC.'.TE OF COMPLETION (1) all or a completed segment- i.e., storm sewers, streets, etc, of the Works authorized by the luthorization of Commence Works have been inspected by the Municipal Engineer and the Municipal Council has approved the written report of the Municipal Engineer that such works have been constructed and installed in accord- ance with the latest versions of the Engineering Drawings which have been approved by the Municipal Engineer; and (6) PERIOD OF REQUIRED NLIINTEN:ZCE OF WORKS 46. The Owner shall, from the date of issuance of a Certificate of Completion, maintain all of the Works covered by such (6) continued..... Certificate of Completion for a period of two (2) years in the case of storm sewers and one year in the case of all other works. (7) SCHEDULE "E" - TRANSFERS OF EISEMENT TO BE DEDICATED The Owner shall execute and deliver to the Municipality in a form satisfactory to the Municipality certified copies of registered transfers of easement for the following lands: (8) SCHEDULE "F" - L.1NDS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS The Owner shall execute and deliver to the Municipality in a form satisfactory to the Municipality certified copies of registered transfers for the following lands: (9) SCHEDULE VH" - UTILITIES REQUIRED (2) STREET -LIGHTING SYSTEM The Owner shall arrange with the Orono Public Utilities Commission, Newcastle Public Utilities Commission, Bowman- ville Public Utilities Commission, and/or Ontario Hydro Electric Power Commission for the design, provision and in- stallation of a complete street -lighting system to serve the said lands on behalf of the Municipality in whose owner- ship the system shall vest upon completion, including all appurtenant apparatus and equipment of such types and in such locations as are approved by the Municipal Engineer. The Owner shall furnish written evidence satsifactory to the Municipal Engineer that such arrangements have been made prior to the issuance of any Authorization to Commence Works. STANDARD FORM SUBDIVISION AGREEMENT TOWN OF NEWCASTLE PN: 4440/5 DRAFT: 3 March 1975 REVISED: 2 September 1975 10 November 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; NOW THEREFORE, in consideration of the mutual agreements and covenants and promises herein contained, and other good and valuable consideration, the Parties hereto a3ree as follows: CERTIFICATION OF OWNERSHIP 1. The Owner shall, at the time of execution of this Agreement, provide the Munic- ipality with a letter, directed to the Municipality and signed by an Ontario Solic- itor, 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 Mu- nicipality 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 Mu- nicipality 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". The plan of subdivision shall also contain the stamp of Re- gional approval and a copy of the Subdivision Agreements entered into with the Region shall be attached to this Subdivision Agreement. PAYMENT OF TAXES 4. The Owner shall, at the time of execution of this Agreement, pay all Munici- pal 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 pay- able 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, prior to the time of issuance of any Authorization to Com- mence Works, pay all lot levies assessed against the lands set forth in the Au- thorization, 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 lands 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 any such cash payment as set out in Schedule "F" hereto, at the time of release for regis- tration of this Agreement. REGISTRATION OF DEEDS AND GRANTS OF EASEMENT ll. The aforementioned deeds and grants of easement shall be prepared and regis- tered by the Owner at the Owner's expense at the same time that the Plan is reg- istered. 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 main- tenance 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" UTILITIES REQUIRED 14. 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 11Utilities". The Owner shall be responsible to the Munici- pality for all costs of Utilities required for the said lands which may be charge- able directly to the Owner or to the Municipality. PRIVATE WORKS REQUIRED 15. The Owner shall be responsible for the construction, installation and main- tenance 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 16. 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. DESIGN OF WORKS AND PRIVATE WORKS 17. 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. (3) APPROVAL OF ENGINEERING DRAWINGS 18. 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 En- gineer for revision and further approval. APPROVAL OF GRADING AND DRAINAGE PLAN 19. The Owner shall, prior to the issuance of any Authorization to Commence Works as provided herein, have received the written approval of the 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 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 of the said lands, hereinafter called the "Landscaping Plan", and showing thereon: (1) the location and approximate size of all existing trees over 12" in cir- cumference at 5' above the ground; 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 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 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 22. 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, in- stallation and maintenance of the Works. APPROVAL OF COST ESTIMATES 23. 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 "L" 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 "L" hereto. PERFORMANCE GUARANTEE REQUIRED 24. 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 or Letter of Credit of the Performance Guarantee shall be as set out in Schedule "L" hereto. The Performance Guarantee shall be subject to the approval of the Municipal Solicitor and the Municipal Treasurer. USE OF PERFORMANCE GUARANTEE 25. 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 26. 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 Munici- pality 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 27. 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 satis- factory to the Municipality. REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS 28. 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 Munici- pality, 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: (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 lends 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) (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 Engineer- ing 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 Land- scaping 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 apply- ing to that stage of the Plan for which the Owner is seeking such Authoriza- tion to Commence Works; and (13) the Owner has deposited with the Municipality any policies of insurance as set out in Schedule "M" hereto. PROVISIONS FOR CONSTRUCTION AND INSTALLATION 29. 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 "N" hereto. SEQUENCE OF CONSTRUCTION AND INSTALLATION 30. 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 Muni- cipal Engineer may request from time to time. ADDITIONAL FACILITIES OR WORK REQUIRED 31. 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 Council may request from time to time. (6) INCOMPLETE OR FAULTY WORK 32. 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 speci- fied 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 au- thority 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 En- gineer 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 Mu- nicipal 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 33. 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 34. 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 Agreemait, in driveways or so close thereto, in the opinion of the Municipal Engineer, as to interfere with the use of the driveway. USE OF WORKS BY MUNICIPALITY 35. 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. (7) USE OF SAID LANDS 36. The Owner agrees that the said lands shall not be used for any purpose, other than as set out in Schedule "0" hereto, without the prior written consent of the Municipality. LANDS UNSUITABLE FOR BUILDING 37• The Owner agrees that the lots and blocks of the Plan which are set out in Schedule "P" 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 "P" 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 38. 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 Munici- pality 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 to provide access to the proposed building, have been so constructed as to permit their use by such vehicles as may be required during the construction of the proposed building to the approval of the Municipal Engineer; and (2) 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 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 (4) 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 (5) 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 (6) the Owner has entered into a Site Plan Agreement with the Municipality respect- ing the development of Lot _, Block _, which is to be used for multi- family residential, commercial and/or industrial purposes as specified in Schedule "0". REQUIREMENTS FOR SALE OF LANDS 39• 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 re- quired for utility or drainage purposes upon the written request of the Mu- nicipality; and (8) (3) the Ownerhasobtained 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.pros- pective 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 40. The Owner shall not permit any building on the said lands to be occupied with- out the written permission of the Municipality, hereinafter called an "Authorization to Occupy". In addition to any other requirements contained herein, no Authoriza- tion 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 had the application of the base course, to the approval of the Municipal Engineer; and (2) all of the Works, other than such roads, required to be constructed and in- stalled to service such building, have been constructed and installed to the approval of the Municipal Engineer; and (3) 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 (4) 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 (5) the Owner's Engineer has provided the Municipal Engineer with written con- firmation that the lot or block, where such building is located, conforms to the Grading and Drainage Plan or has received the approval of the Munic- ipal Engineer with respect to any variance to the Grading and Drainage Plan. OCCUPANCY PENALTY 41. 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 a penalty in the amount of One Thousand Dollars ($1,000) per dwelling unit. The penalty shall commence at the day of occupancy. MAINTENANCE OF ROADS AFTER OCCUPANCY 42. 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. 101, COMPLETION TIME FOR CE'NSTRUCTION AND INSTALLATION 43. The Owner shall, within two (2) years of the date of issuance of an Author- ization to Commence Works, complete the construction and installation of all of the Works and all of the Private Works authorized in such Authorization to Com- mence Works. REQUIREMENTS FOR CERTIFICATE OF COMPLETION 44. 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 "Cer- tificate of Completion". In addition to any other requirements contained herein, no Certificate of Completion shall be issued until: (1) all or a completed segment; i.e., storm sewers, streets, waterlines, etc. of the Works authorized by the Authorization to Commence Works have been inspected by the Municipal Engineer and the Municipal Council has approved the written report of the Municipal Engineer that 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 (2) the Owner has provided the Municipality with a statutory declaration that the Owner has paid all accounts except for Maintenance Holdbacks not exceeding Fifteen.Percent (15%) of the value of the Works, payable in respect of the construction and installation of all of the Works and all of the Private Works authorized by such Authorization to Commence Works and that there are no out- standing claims relating to such works. All unpaid accounts other than Main- tenance Holdbacks must be enumerated. REQUIREMENTS FOR AUTHORIZATION OF SUBSEQUENT STAGES 45. 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 46. 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 47. 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. The Maintenance Guarantee shall be subject to the approval of the Municipal Solicitor and the Municipal Treasurer. (10) USE OF MAINTENANCE GUARANTEE 48. 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 49. 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 except for maintenance holdbacks not ex- ceeding Fifteen Percent (15%) of the value of the Works, in respect of the construction and installation of all of the Works for which such Performance Guarantee was required and that there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE 50. 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, re- ferred to herein as a "Certificate of Acceptance". In addition to any other re- quirements 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 any stage of the Plan for which an Authorization to Commence Works has been issued. OWNERSHIP OF WORKS BY MUNICIPALITY 51. 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. REDWRSIIMENT FOR OVERSIZED OR EXTERNAL SERVICES 52. The Municipality agrees to reimburse the Owner for any oversized or external services as set out in Schedule "Q" hereto in the amounts estimated by the Owner's Engineer to the satisfaction of the Municipality as set out in Schedule "Q" hereto at such time as the Municipality has issued a Certificate of Acceptance for such services. Conversely, in those cases where oversized services have been placed in an adjacent development, to be utilized in this Development the Owner shall reim- burse the Municipality for its former expenses in providing these oversized services to the said lands as set out in Schedule "R" hereto. REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE 53. 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 54. 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". REQUIREMENTS FOR CERTIFICATE OF RELEASE 55. The Municipality agrees to provide the Owner with an effective written re- lease 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 Cer- tificate of Release shall not be issued until: (1) Certificates of 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; and (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 ap- plying for Municipal building permits as provided herein. RESPONSIBILITY FOR DRAINAGE 56. 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 57. The Owner and the Mortgagee hereby charge all their interest in the said lands with the obligations set out in this Agreement. (12) PAYMENT OF MUNICIPAL COSTS 58. 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 context otherwise requires. The Owner shall reimburse the Municipality for all administrative, planning, legal, engineering and inspection costs incurred by the Municipality and those agents employed by the Municipality in connection with the development of the said lands. UNPAID CHARGES 59. The due dates of any sum of money payable herein shall be thirty (30) days after the date of the invoice. Interest at One Percent (1%) per month shall be Payable by the Owner to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. NOTIFICATION OF OWNER 60. I£ 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. REGISTRATION OF AGREEMENT 61. 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 62. In the event that the Plan has not been approved by the Minister within one (1) 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. RENEGOTIATION OF AGREEMENT 63. 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 64. The Owner shall not assign this Agreement or any of its obligations hereunder without the prior written consent of the Municipality. (13) SCHEDULES TO AGREEMENT 65. 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" - "LEGAL DESCRIPTION OF SAID LANDS" Schedule "B" - "PLAN OF SUBDIVISION FOR FINAL APPROVAL" Schedule "C" - "CHARGES AGAINST SAID LANDS" Schedule "D" - "LOT LEVIES" Schedule "E" - "GRANTS OF EASEMENT TO BE DEDICATED" Schedule "F" - "LANDS AND/OR CASH TO BE DEDICATED" Schedule "G" - "WORKS REQUIRED" Schedule "H" - "UTILITIES REQUIRED" Schedule "I" - "PRIVATE WORKS REQUIRED" Schedule "J" - "DUTIES OF OWNER'S ENGINEER" Schedule "K" - "COST ESTIMATES" Schedule "L" - "CASH PORTION OF PERFORMANCE GUARANTEE" Schedule "M" - "INSURANCE POLICIES REQUIRED" Schedule "N" - "REGULATIONS FOR CONSTRUCTION" Schedule "0" - "USE OF SAID LANDS" Schedule "P" - "LANDS UNSUITABLE FOR BUILDING" Schedule "Q" - "OVERSIZED AND/OR EXTERNAL SERVICES" Schedule "R" - "REIMBURSEMENT TO THE MUNICIPALITY FOR OVERSIZED AND/OR EXTERNAL SERVICES" 66. 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 af- fixed their Corporate Seals by the hands of their proper officers duly author- ized 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 .....................I A.D., 197 . SCHEDULE "A" LEGAL DESCRIPTION OF SAID LANDS The said lands are described as follows: (Insert legal description of said lands.) THIS SCHEDULE is Schedule "A" to the Agreement which has been authorized and approved by By-law No ........... of the Corporation of the Town of Newcastle, enacted and passed the.......... day of.........., A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) OWNER: (Clerk) (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "B11 PLAN OF SUBDIVISION FOR FINAL APPROVAL (Insert certified copy of the plan of subdivision for the said lands, prepared by a registered Ontario Land Surveyor for final approval by the Minister.) THIS SCHEDULE is Schedule "B" to the Agreement which has been authorized and approved by By-law NO ........... of the Corporation of the Town of Newcastle, enacted and passed the.......... day of.........., A.D., 19T . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "C° CHARGES AGAINST SAID LANDS (1) MUNICIPAL TAXES (2) LOCAL IMPROVEMENT CHARGES (3) DRAINAGE CHARGES THIS SCHEDULE is Schedule °C" to the Agreement which has been authorized and approved by By-law No ........... of the Corporation of the Town of Newcastle, enacted and passed the.......... day of.........., A.D. , 19T . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor Clerk (SEAL) 01414DR : (SEAL) MORTGAGEE: (Page 1 of 1) SCHEDULE "D" LOT LMEs The Owner shall pay to the Municipality for each dwelling unit lot levies as set out in the following table which is based on Municipal By-law No. ................... HOUSING NO. OF UNIT TOTAL TYPE UNITS LEVY LEVY One Family Two Family Townhouse Bach. Apt. 1 B.R. Apt. 2 B.R. Apt. 3 or more B.R. Apt. Sr. Citizen Apt. The total lot levies assessed against the said lands shall be............ ........................................Dollars ($.....................). THIS SCHEDULE is Schedule "D" to the Agreement which has been authorized and approved by By-law NO..............of the Corporation of the Town of Newcastle, enacted and passed the......... day of ............. A.D. 19T . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor ( Clerk (SEAL) OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "E" GRANTS OF EASEMENT TO BE DEDICATED The Owner shall execute and deliver to the Municipality certified copies of registered grants of easement for the following lands: THIS SCHEDULE is Schedule "E" to the Agreement which has been authorized and approved by By-law No ............ of the Corporation of the Town of Newcastle, enacted and passed the......... day of ............... A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "F" LANDS AND/OR CASH TO BE DEDICATED (1) DEDICATION OF LANDS The Owner shall execute and deliver to the Municipality certified copies of registered deeds of conveyance for the following lands: AND/OR (2) CASH IN LIEU OF LANDS The Owner shall pay to the Municipality, in lieu of the dedication by the Owner to the Municipality of lands in the amount of Five Percent (5%) of the said lands, cash in the amount of ............ ....... ................Dollars ($...................). THIS SCHEDULE is Schedule "F" to the Agreement which has been authorized and approved by By-law No.............of the Corporation of the Town of Newcastle, enacted and passed the........... day of..........., A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor Clerk (SEAL) OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "G° WORKS REQUIRED (1) STORM SEWER SYSTEM The Owner shall construct, install and maintain a complete storm sewer system to serve the said lands including storm sever mains, and all appurtenant pumping stations, manholes, laterals and all other apparatus and equipment, in accordance with the Engineering Drawings as approved by the Municipal Engineer. The Owner shall also, at no expense to the Municipality, arrange for the disposal Of all storm water in and from the subdivision, which may be ob- structed by the Owner's development, satisfactory to the Municipal Engineer. (2) ROADWAYS The Owner shall construct, install and maintain complete roadways, including all appurtenant curbs, gutters, and all other apparatus in accordance with the Engineering Drawings as approved by the Municipal Engineer, on all streets shown on the Plan. (3) SIGNS The Owner shall construct, install and maintain standard permanent street name signs, bearing street names approved by the Municipal Council, at each intersection of streets shown on the Plan. (4) sIDEWALKS The Owner shall construct, install and maintain complete sidewalks, in accordance with the Engineering Drawings as approved by the Municipal Engineer, on the following streets shown on the Plan: (a) one side/both sides Of....................Street; and (b) (c) (d) (5) PEDESTRIAN WALKWAYS The Owner shall construct, install and maintain complete pedestrian walkways, including all appurtenant fences and lighting, in accordance with the Engineering Drawings as approved by the Municipal Engineer, in the following locations on the said lands: (a) across Lot/Block .........................: and (b) (c) (d) (Page 1 of 2) SCHEDULE "G" (6) (6) CONSERVATION WORKS WORKS REQUIRED The Owner shall construct, install and maintain certain conserva- tion works, such as retaining walls, drainage channels and water- course channelization works, including all appurtenant fences and all other apparatus, in accordance with the Engineering Drawings as approved by the Municipal Engineer, on the following lands to be dedicated to the Municipality. (a) drainage channel across Block...........; and (b) (c) (d) (7) LANDSCAPING WORKS The Owner shall provide, install and maintain certain landscaping works, such as grading, sodding, and planting of trees or other vegetation, in accordance with the Landscaping Plan as approved by the Municipal Engineer, on the following lands to be dedicated to the Municipality: (a) sodding and tree planting on Lot/Block.............: and (b) (c) (d) THIS SCHEDULE is Schedule "G" to the Agreement which has been authorized and approved by By-law No ............ of the Corporation of the Town of Newcastle, enacted and passed the........... day of .............. A.D. 197 THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 2 of 2) SCHEDULE "H" UTILITIES REQUIRED (1) ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the Orono Public Utilities Commission, Newcastle Public Utilities Commission, Bowmanville Public Utilities Commission, and/or Ontario Hydro -Electric Power Commission for the design, provision and installation of an above-ground/underground electrical supply system to serve the said lands, including all appurtenant poles/manholes, service connections, apparatus and equipment, in the locations as approved by the Municipal Engineer. All electrical services are to be installed underground except where the Municipal Engineer and the appropriate public authority determines otherwise. (2) STREET -LIGHTING SYSTEM The Owner shall arrange with the Orono Public Utilities Commission, Newcastle Public Utilities Commission, Bowmanville Public Utilities Commission, and/or Ontario Hydro -Electric Power Commission for the design, provision and installation of a complete street -lighting system to serve the said lands, including all appurtenant apparatus and equipment, in the locations as approved by the Municipal Engineer. (3) TELEPHONE SYSTEM The Owner shall arrange with the Community Telephone Limited and/or Bell Canada for the design, provision and installation of an above- ground/underground telephone system to serve the said lands, including all appurtenant poles/manholes, service connections, apparatus and equipment, in the locations as approved by the Municipal Engineer. All telephone services are to be installed underground except where the Municipal Engineer and the appropriate public authority determines otherwise. (4) GAS SUPPLY SYSTEM The Owner shall arrange with Consumer's Gas Company Limited 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 Municipal Engineer. (Page 1 of 2) THIS SCHEDULE is Schedule "H" to the Agreement which has been authorized and approved by By-law No ............ of the Corporation of the Town of Newcastle, enacted and passed the......... day of........., A.D., 197 THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 2 of 2) SCHEDULE "I" PRIVATE WORKS REQUIRED (1) PAVED PARKING AND LOADING AREAS The Owner shall pave all parking and loading areas and access driveways where parking and loading facilities are required for three (3) or more automobiles and/or trucks in accordance with the Engineering Drawings as approved by the Municipal Engineer. (2) AREA LIGHTING The Owner shall ensure that all exterior lighting is subdued in such a manner as not to illuminate adjacent properties. (3) LANDSCAPING The Owner shall implement the Landscaping Plan in accordance with the Engineering Drawings as approved by the Municipal Engineer. THIS SCHEDULE is Schedule "I" to the Agreement which has been authorized and approved by By-law No.............of the Corporation of the Town of Newcastle, enacted and passed the......... day of .............. A.D., 19T THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "J" DUTIES OF OWNER'S ENGINEER (1) DESIGN WORKS AND PRIVATE WORKS The Owner's Engineer shall design all of the Works and all of the Private Works. (2) PREPARE DRAWINGS, PLANS AND DOCUMENTS The Owner's Engineer shall prepare the following for the approval of the Municipal Engineer: (a) the Engineering Drawings; and (b) the Grading and Drainage Plan; and (c) the Landscaping Plan; and (d) the Schedule of Work; and (e) the Staging Plan; and (£) the Works Cost Estimate; and (g) the Stage Cost Estimate. The approval of the Municipal Engineer shall not absolve the Owner or the Owner's Engineer of the responsibility for any errors or omissions in the above drawings, plans or documents. (3) REPRESENT OWNER AND OBTAIN APPROVALS The Owner's Engineer shall act as the Owner's representative in all matters pertaining to the construction and installation of the Works and the Private Works and shall co-operate with the Municipality to obtain the necessary approvals for construction and installation. (4) PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified supervisory, lay- out and inspection staff to provide continuous service during an phases of the construction and installation of the Works and the Private Works and to perform the following: (a) provide field layout including the provision of line and grade to the contractors and, where required, restaking; and (b) inspect the construction and installation to ensure that all work is being performed in accordance with the contract documents; and (c) arrange for or carry out all necessary field testing of materials and equipment installed or proposed to be installed at the request of the Municipal Engineer; and (Page 1 of 2) SCHEDULE "J" (4)(d) DUTIES OF OWNER'S ENGINEER (d) provide co-ordination and scheduling of the construction and installation in accordance with the timing provisions contained herein and the requirements of the Municipal Engineer; and (e) investigate and report to the Municipal Engineer any unusual circumstances which may arise during the construction and installation; and (f) obtain field information, during and upon completion of the construction and installation, required to modify the Engineer- ing Drawings to produce the As -constructed Drawings. (5) MAINTAIN RECORDS The Owner's Engineer shall maintain all records pertaining to the construction and installation. (6) PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Municipal Engineer with reports on the progress of the construction and installation on a monthly basis, or at such other interval as approved by the Munic- ipal Engineer. (7) PREPARE AS -CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare the As -constructed Drawings for the approval of the Municipal Engineer. THIS SCHEDULE is Schedule "J" to the Agreement which has been authorized and approved by By-law No.............of the Corporation of the Town of Newcastle, enacted and passed the ............ day of..........., A.D. 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor Clerk (SEAL) OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 2 of 2) SCHEDULE "K" COST ESTIMATES (1) WORKS COST ESTIMATE The Works Cost Estimate, as approved by the Municipal Engineer, shall be ............................Dollars ($...............). (2) STAGE COST ESTIMATES The Stage Cost Estimates, as approved by the Municipal Engineer, shall be as follows: (a) for Stage 1: ...................... Dollars ($...........). (b) for Stage 2: ...................... Dollars ($...........). (c) (d) (e) THIS SCHEDULE is Schedule "K" to the Agreement which has been authorized and approved by Sy -law No ............ of the Corporation of the Town of Newcastle, enacted and passed the ...........day of .......... A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "L" CASH OR LETTER OF CREDIT PORTION OF PERFORMANCE GUARANTEE The Owner agrees that the cash portion of all Performance Guarantees re- quired herein shall be calculated in accordance with the following table: PERFORMANCE GUARANTEE REQUIRED CASH OR LETTER OF CREDIT PORTION less than $100,000 ........................................ 505 $100,000 to $500,000 .......................................25% more than $500,000 .................................... THIS SCHEDULE is Schedule "L" to the Agreement which has been authorized and approved by By-law NO.............of the Corporation of the Town of Newcastle, enacted and passed the........... day of ........... A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "M" INSURANCE POLICIES REQUIRED (1) TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipal Treasurer and duly authorized by law to underwrite such insurance. Such policy or policies of insurance shall indemnify the Municipality against all damages or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Private Works or any of the Utilities or to any part or parts thereof respectively; and (b) any loss or damage that shall or may happen to any of the materials or any of the equipment or any other things used to construct or install any of the Works or any of the Pri- vate Works or any of the Utilities or any part or parts thereof respectively; and (c) any injury to any person or persons including workmen employed on the said lands and the public; and (d) any loss or damage that shall or may result from the storage, use or handling of explosives; and (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said lands; and (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any other property of the Municipality or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said lands together with any or all of the Works, Private Works and Utilities pertaining thereto. (2) AMCIUNTS OF COVERAGE REQUIRED The policy or policies of insurance shall be issued jointly in the names of the Owner and the Municipality and shall provide the fol- lowing minimum coverages: (a) $500,000.00 for loss or damage resulting from bodily injury to, or death of, any one person; and (b)$1,000,000.00 for loss or damage resulting from bodily injury to, or death of, two or more persons arising out of the same accident; and (c) $500,000.00 for any one occurrence of property damage. The issuance of such policy or policies of insurance shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. (Page 1 of 2) SCHEDULE "M" (3) INSURANCE POLICIES REQUIRED (3) EBEMPTIONS OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure; or (b) any pile driving or caisson work; and (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives. THIS SCHEDULE is Schedule "M" to the Agreement which has been authorized and approved by By-law No .......... of the Corporation of the Town of Newcastle, enacted and passed this ............ day of..........., A.D., 197 THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 2 of 2) SCHEDULE "N" REGULATIONS FOR CONSTRUCTION (1) REQUIREMENTS FOR BLASTING The Owner shall, prior to commencing any blasting, obtain from the Municipal Engineer, permission to carry out the blasting operation. (2) REMOVAL OF TOP SOIL The Owner shall not remove any top soil from the said lands except for construction purposes and such top soil must remain within the limits of the said lands. (3) DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris on, nor to remove, or permit to be removed, any fill from any lands to be dedicated to the Municipality, other than the roads within the limits of the said lands, without the written consent of the Municipal Engineer. (4) DISPOSAL OF CONSTRUCTION GARBAGE All construction garbage and debris from the said lands must be disposed of in an orderly and sanitary fashion in a dumping area off the said lands provided by the Owner and approved by the Municipal Engineer. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owner agrees to deliver a copy of this Clause to each and every builder obtaining a building permit for any part of the said lands. (5) QUALITATIVE AND QUANTITATIVE TESTS The Owner agrees that the Municipality may have qualitative or quantitative tests made of any materials or equipment installed or proposed to be installed. The costs of such tests shall be Paid by the Owner. (6) MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement, ensure that all public roads abutting the said lands and all public roads used for access to the said lands, during any con- struction on the said lands, shall be maintained in a condition equal to that now existing and to the approval of the Municipal Engineer. If damaged, the Owner agrees to restore immediately, and at its expense, such road to a condition equal to that existing at the time of such damage and to the approval of the Municipal Engineer. No public road outside the limits of the said lands shall be closed without the prior written approval of the authority having jurisdiction over such public road. The Owner agrees not to use or occupy any untravelled portion of any public road allowance without the prior written approval of the authority having jurisdiction over such public road allowance. (Page 1 of 2) SCHEDULE "N" (7) (7) MAINTENANCE OF INTERNAL ROAD REGULATIONS FOR CONSTRUCTION The Owner shall, prior to the placement of the final surface treat- ment on any road required to be constructed under this Agreement, remove any contamination of the base course and repair and replace such base course, where necessary, to the approval of the Municipal Engineer in order that the construction of such road shall not have suffered due to any use of the base course as a temporary road. THIS SCHEDULE is Schedule "N" to the Agreement which hes been authorized and approved by By-law No ............ of the Corporation of the Town of Newcastle, enacted and passed the ........ day of........., A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 2 of 2) SCHEDULE 110" USE OF SAID LANDS The Owner agrees that the said lands shall not be used for any purpose, other than as set out in the following table: LOT OR BLOCK NUMBER LAND USE THIS SCHEDULE is Schedule "0" to the Agreement which has been authorized and approved by By-law No..............of the Corporation of the Town of Newcastle, enacted and passed the......... day of..........., A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor ( (Clerk SEAL) OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "P" LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for the erection of any structure on any of the said lands listed in the following table until the conditions listed in the following table have been satisfied to the approval of the Municipal Engineer and/or any other authorities having jurisdiction: LOT OR BLOCK NUMBER CONDITIONS TO BE SATISFIED THIS SCHEDULE is Schedule "P" to the Agreement which has been authorized and approved by By-law NO ............ of the Corporation of the Town of Newcastle, enacted and passed the ........ day of........., A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor ( Clerk SEAL) OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "Q" OVERSIZED AND/OR EXTERNAL SERVICES The Municipality agrees to reimburse the Owner for the oversized and/or external services as set out in the following table in the amounts estimated by the Owner's Engineer to the approval of the Municipality as set out in the following table: DESCRIPTION OF SERVICE AMOUNT OF REIMBURSEMENT FOR REIMBURSEMENT The total amount of reimbursement to the Owner shall be ................. Dollars ($.....................). THIS SCHEDULE is Schedule "Q" to the Agreement which has been authorized and approved by By-law No ............ of the Corporation of the Town of Newcastle, enacted and passed the.......... day of..........., A.D., 197 THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: (SEAL) (Page 1 of 1) SCHEDULE "R" REIMBURSEMENT TO THE MUNICIPALITY FOR OVERSIZED AND/OR EXTERNAL SERVICES The Owner agrees to reimburse the Municipality for previously installed oversized and/or external services to serve the said lands as set out in the following table in the amounts estimated by the Owner's Engineer to the approval of the Municipality as set out in the following table: DESCRIPTION OF SERVICE AMOUNT OF FOR REIMBURSEMENT REIMBURSEMENT The total amount of reimbursement to the Municipality shall be........... .................................Dollars ($...................). THIS SCHEDULE is Schedule "R" to the Agreement which has been authorized and approved by By-law No.............of the Corporation of the Town of Newcastle, enacted and passed the.......... day of .............. A.D., 197 . THE CORPORATION OF THE TOWN OF NEWCASTLE: Mayor (SEAL) Clerk OWNER: (SEAL) MORTGAGEE: SEAL) (Page 1 of 1)