HomeMy WebLinkAboutPD-140-83 Report #2
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231
REPORT TO THE COUNCIL MEETING OF SEPTEMBER 26, 1983
REPORT NO. : PD-140-83
SUBJECT: PROPOSED SUBDIVISION AGREEMENT -
CEAN INVESTMENTS (OSHAWA) LIMITED
SEVERANCE APPLICATIONS: LD 261 ,262 & 263/81
RECOMMENDATION:
It is respectfully recommended that Council approve the
following:
1 . That Report PD-140-83 be received; and
* 2. That the attached Subdivision Agreement between
the Corporation of the Town of Newcastle and
Cean Investments (Oshawa) Limited be approved
for execution; and
3. That the attached By-law authorizing execution
of an agreement between Cean Investments
(Oshawa) Limited and the Corporation of the
Town of Newcastle be approved.
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REPORT NO. : PD-140-83 Page 2
BACKGROUND AND COMMENT:
On July 20, 1981 , the Durham Regional Land Division
Committee approved severance applications LD 2.61 , 262 and
263/81 to permit the severance of three (3) residential
building lots fronting on High Street in the Bowmanville
Major Urban Area. These three (3) lots were previously part
of draft approved Plan of Subdivision 18T-74067 and were
being proposed for severance inasmuch as they fronted on an
existing public road and could utilize existing services.
Subsequently, the decision of the Land Division Committee
was appealed by the Regional Municipality of Durham and on
February 8th, 1983, the Ontario Municipal Board heard the
appeal and confirmed the decision of the Land Divison
Committee. In accordance with the decision of the Regional
Land Division Committee as confirmed by the Ontario
Municipal Board, a number of conditions were attached to the
approval of the severances. Those conditions related to the
municipality were as follows :
1 . That the applicant satisfy all the requirements of the
Town of Newcastle financially and otherwise.
2. That application Z-A-2-5-2, now File No. DEU 81 -20,
rezoning the subject lands be approved.
3. That the applicant pay 5% cash-in-lieu of parkland to
the satisfaction of the Town of Newcastle.
4. That the applicant deed free and clear of all
encumbrances the 2.5 meter road widening on the frontage of
the subject land to the Town of Newcastle.
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REPORT NO. : PD-140-83 Page 3
In order to satisfy the above conditions, Staff in
consultation with the applicant 's solicitor, prepared the
* attached Agreement which satisfies all the Town 's require-
ments.
Upon execution of the subject Agreement, the Town will be in
a position to clear the conditions of Land Division approval
and we are therefore recommending that the attached
Agreement be approved and the necessary by-law passed
authorizing execution by the Mayor and Clerk.
Respectfu su ed,
T.T. Edwards, M.C. I.P.
Director of Planning
TTE*j i p
*Attach.
Fill- CORPORATION 01' THI: TOWN OF NEWCASTLE �3
i; BY-LAW NUMBER 83- 132
being a By-law to authorize the entering into of a Subdivision ,
Ayreenient with the Corporation of the Town of Newcastle and Cean
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Investments (Oshawa) Limited. ;!
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The Council of the Corporation of the Town of Newcastle hereby enacts
as follows: i
I . THAT the Mayor and Clerk are hereby authorized to execute on
i behalf of the Corporation of the Town of Newcastle, and seal with the
Corporatiun'S Seal , a Subdivision Agreement between Cean Investments
(0shUWa) Limited and the said Corporation dated the day of
1983, in the form attached hereto as Schedule
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2. THAT Schedule "X" attached hereto forms part of this
by-law.
BY-LAW read a first time this 26th day of September 1983
BY-LAW read a second time this 26th day of September 1983
BY-LAW read a third time and finally passed this P6th day of
September 1983
G. Be—R I KT D(2 MA Y0R
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We OAS,CLERK
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,as
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j 1HIS AGREEMENT MADE in yuintuplicate this day of
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(f' , 19133
BETWEEN :
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "MUNICIPALITY"
OF THE FIRST PART
- and -
CEAN INVESTMENTS (OSHAWA) LIMITED, y
hereinafter called the "OWNER"
OF THE SECOND PART ; ,
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hereinafter called the MORTGAGEE (if applicable) ;. .
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OF THE THIRD PART r(
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WITNESSETH THAT WHEREAS the lands affected by this Agreement are
described in Schedule "A" hereto and hereinafter called the "lands" f
which constitute hectares;
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AND WHEREAS the Owner warrants that it is the registered Owner of the
lands;
AND WHEREAS the Owner has applied to the Ontario Municipal Board,
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hereinafter called the "Board " for approval of severance
applications in respect of the lands;
AND WHEREAS in order to comply with the Board's conditions for such
approval , the Owner has consented to enter into this Agreement with
the Municipality;
AND WHEREAS the Owner acknowledges that the lands are presently
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served by municipal water and sanitary waste disposals systems; 1
AND WHEREAS the Owner warrants that each residential building or
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structure to be erected or altered on the lands shall be connected to
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such municipal water and sanitary waste disposal sytems;
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AND WHEREAS the Owner warrants that it has or will enter into an
Agreement with the appropriate Public Utilities Commission or
Authority, or Comyany, having jurisdiction in the area of the said
lands for the design and installation of any required public
utilities referred to in Schedule "H" and hereinafter called
"utilities";
AND WHEREAS in this Agreement, "Director" means the Director of
Public Works, for the Town of Nowcastle, or such qualified designate
as may be appointed by the Council of the Municipality to out in his
place;
NOW TU[K[FOR[. IN CONSIDERATION of the mutual agreements and
covenants and promises herein contained and other 0owV and valuable
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consideration, the Parties hereto agree as follows:
CERTIFICATION O[ OWNERSHIP
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The Owner shall , at the time of execution of this Agreement,
provide the Municipality with a letter signed by an Ontario Solicitor
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and addressed to the Municipality, certifying as to the title of the `
said lands and setting out the names of all persons having on '
interest in the said lands and the nature of their interests. `
2, The Owner sholl, at the time of execution of this Agreement,
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provide the Municipality with a letter signed by an Ontario Solicitor �
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and addressed to the Municipality, certifying as to the title to any i
land which is to he conveyed to the Municipality, or over which � 1
easements are Co be granted to the Municipality pursuant to the terms '
of this Agreement. '
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COPY OF PLAN '
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3. The Owner shall, at the time of execution of this Agreement,
provide the Municipality with a mylar copy and as many printed copies �
as the Municipality requires, of a registered reference plan
describing the severances for the said landx. The said plan is
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attached hereto as Schedule "B" and is hereinafter called the
� "ploo", '
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PAYMENT OF TAXES
4, The Owner shall , at the time of execution of this Agreement,
pay all municipal taxes outstanding against the said lands, as set
out in Schedule "C" hereto, The Owner further agrees to pay any
t municipal taxes which may become due and payable by it in respect of
any of the lands prior to the sale by the Owners of such lands. .
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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 and shall include the
commuted value of such charges falling due after the date of the
execution of the Agreement.
PAYMENT OF DRAINAGE CHARGESS
6. The Owner shall , at the time of execution of this Agreement, C
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pay all drainage charges assessed under the Municipal Drainage Act,
1975, and the Tile Drainage Act, 1971 , against the said lands as set
out in Schedule "C" hereto, including the commuted value of such
charges falling due after the execution of this Agreement.
PAYMENT OF DEVELOPMENT CHARGES
7. The Owner shall pay all development levies in the amounts and
at the times set out in Schedule "D" hereto, ,
DEDICATIONS S
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8. (1) The Owne-r shall , at the time of execution of this Agreement, I
or such later date as may be agreed by the Owner and the k
Municipality, but not later than the clearance of the conditions of
severance, deliver to the Municipality executed Deeds of Conveyance
sufficient to vest in the Municipality title in fee simple, free and
clear of all liens, charges, encumbrances and easements, the lands
set out in Schedule "F" hereto as well as executed transfers of j
easements free and clear of all encumbrances as set out in Schedule }
"E" hereto.
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1' 8.(ii ) If, subsequent to the registration of the plan, but prior to
issuance of a building permit in respect of any lot, further
easements are required for utilities, drainage or other purposes, the
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Owners agree to transfer such easements upon reasonable request by
the Municipality. In no event shall a further easement be requested f i
which would prevent the erection of a dwelling on any such lot.
CASH IN LIEU OF LANDS j
9. The Owner agrees to pay to the Municipality Five Percent (5%)
cash-in-lieu of a parkland dedication, in accordance with Schedule
"F" hereto, prior to clearance of the condition of severance in
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respect of the lot or lots for which clearance is being sought.
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? REGISTRATION OF DEEDS
10. The aforementioned Deeds, paragraph 8, shal•1 be prepared by
the Owner and registered at the Owner's expense at the same time as
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the Plan is registered; in such Deeds, the registered reference plan
number shall be left blank, and the Owner hereby authorizes the f.
Municipality to insert such Plan Number after registration of the
Plan.
MUNICIPAL WORKS REQUIRED
H . The Owner shall be responsible for the construction and }
installation of the services more particularly referred to in
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Schedule "G" hereto, hereinafter called the "works". Until the
issuance of a Certificate of Acceptance as hereinafter provided, the
works shall remain the property of the Owner and the Owner shall be
fully responsible for their maintenance. After the issuance of a
Certificate of Acceptance, the works shall vest in and become the i
responsibility of the Municipality.
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UTILITIES REQUIRED �
12. The Owner shall be responsible for entering into an Agreement
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with the appropriate Public Utility Commission, or other such
Authority or Company having jurisdiction in the area of the said
lands for the design and installation of the utilities as more
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particularly referred to in Schedule "H".
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DESIGN OF WORKS y
13. The Owner agrees that the design of all the works shall comply j
with the design criteria and standard detail drawings of the ,
Municipality. In the event of any dispute as to such standards, or
in the event of any dispute as to such design requirements, the r
decision of the Director shall be final . S
APPROVAL OF ENGINEERING DRAWINGS
14. The Owner shall, prior to the issuance of any authorization to
commence works as provided herein, have received the written approval jll)j
of the Director for all drawings of all of the works hereinafter i .
called the "engineering drawings".
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APPROVAL OF GRADING AND DRAINAGE PLAN
15. The Owner shall, prior to the issuance of any authorization to "t •
commence works as provided herein, have received the written approval '
of the Director of a plan, hereinafter called the "grading and
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drainage plan" and showing thereon all proposed drainage works for f
the said lands.
APPROVAL OF COST ESTIMATE
16. The Owner agrees that, prior to the issuance of any ! s'
authorization to commence work as hereinafter provided, the estimated
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cost of construction and installation of all of the works,
hereinafter called the "works cost estimate" shall be approved by the
Director and entered in Schedule "I" hereto,
PERFORMANCE GUARANTEE REQUIRED
17. The Owner agrees that prior to the issuance of any j
authorization to commence works in respect of the said lands or part
thereof, to provide the Municipality with a performance guarantee in
the form of an irrevocable letter of credit issued by a chartered
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Canadian bank in an amount equal to the works cost estimate, less any �
cash amounts and/or costs to be paid in respect of deferred works in
respect of the plan or part thereof, to be covered by the
authorization to commence works. ' ` '•'
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The performance guarantee may be used by the Municipality as set out
in paragraph 18 of this Agreement, in the event that the Owner fails
to satisfactorily meet the requirements of this Agreement in respect
of the provision of the specified works and facilities. All 1 j
submissions made under this paragraph shall be approved by the }' j
Treasurer of the Municipality. {
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USE OF PERFORMANCE GUARANTEE j
18. The Owner agrees that the Municipality may, at any time, by
Resolution of the Municipal Council, authorize the use of all or part .,
of the performance guarantee if the Owner fails to p ay any costs a
payable by the Owner to the Municipality under the terms of this it
Agreement by the due date of the invoice for such costs.
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REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS ! I
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19. The Owner shall not commence the construction or installation
of any of the works without the written permission of the Director,
hereinafter called the authorization to commence works". The owner
shall only commence those works permitted by the authorization to
commence works. In addition to any other requirements contained
herein, no authorization to commence works shall be issued for any of
the works until :
i ) the Owner has delivered a mylar of the registered reference
plan; and
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ii) the Owner has received the written approval of the Director
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for the engineering drawings, as required by paragraph 14
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of this Agreement; and {
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iii) the Owner has received the written approval of the Director I
for the grading and drainage plan as required by paragraph 15
of this Agreement; and
iv) the Owner has received the written approval of the Director
for the Works Cost Estimate as required by paragraph 16 of y
this agreement; and
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V) the Owner has deposited with the Municipality the performance !j
guarantee as required by paragraph 17 of this Agreement.
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INSPECTION OF INSTALLED WORK !
20. The contract with any contractor employed by the Owner to
construct or install any of the works, shall provide that employees
or agents of the Municipality may, at any time, inspect the work of
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such contractor pertaining to the said lands and the Director, after
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consultation with the Owner, the Owner's engineer or the Owner's
agent 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 complete installation that would not be satisfactory to the
Municipality.
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PROVISIONS FOR CONSTRUCTION AND INSTALLATION
21. All of the works shall be constructed and installed in
accordance with the engineering drawings as approved by the Director.
No variation from the engineering drawings shall be permitted unless
such variation is authorized, in writing, by the Director.
SEQUENCE OF CONSTRUCTION AND INSTALLATION
22. The Owner shall, upon the issuance of an authorization to
commence work, proceed to construct and install all of the
authorized works continuously and as required by the approved
schedule of works, if applicable.
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION _1
23. The Owner shall, within two (2) years of the date of the a
issuance of an authorization to commence works, complete the j
rconstruction and installation of all of the works authorized in such {
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authorization to commence works, with the exception of the final lot .'
grading, driveway approaches, sodding and tree planting.
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REQUIREMENTS FOR BUILDING PERMITS , .
24. Neither the execution of this Agreement by the Municipality,
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nor the clearance by the Municipality of the conditions of severance,
nor the issuance by the Municipality of any certificate of acceptance
shall be deemed to give any assurance that building permits, when
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{ applied for, will be issued in respect of any of the said lands, The
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Owner agrees that no Frpplicdtion for any building permit in respect
of any of the said lands shall be made until : ��
i) the Municipality has received copies of building plans for all ,1..
lots for which building permits are being sought, bearing the
written approval of the Ministry of the Environment with I I
respect to the Ministry's noise attenuation requirements for
said lots as specified by Schedule "K" hereto;
ii) the balance of all development levies have been paid in
respect of the lot for which building permits are applied for; }
iii) the Municipality has approved lot grading and drainage plans
for the lot for which building permits are being sought;
iv) that entrance permits have been issued in Accordance with Town
policy;
jV) the Owner has deposited with the Town and maintained in good
standing the Performance Guarantee required pursuant to
Paragraph 17 hereof. r�
REQUIREMENTS FOR SALE OF LANDS
25. The Owner further agrees not to sell any or all of the said i
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lands until : ;l
i) the Owner has inserted in the Agreement of Purchase and Sale t
entered into by the prospective purchaser, notice that the
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lands are subject to the covenants and obligations set forth
in this Agreement; and
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ii) The Owner has registered on title of the lots and inserted in ,.
the Agreement of Purchase and Sale of said lots entered into }
by the prospective purchaser, notice that "Despite the
inclusion of noise control measures within the development
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area, noise levels may continue to be of concern, l ,
occassionally interfering with some activities of the dwelling 1
occupants. A provision has been made to the heating system to II
facilitate the installation of air conditioning should the #`
owner find it necessary in order to achieve an acceptable
living environment,".
REQUIREMENTS FOR CERTIFICATE OF COMPLETION
26. The Owner agrees that the construction and installation of any
of the works authorized in an authorization to commence works shall
not be deemed to be completed for the purposes of this,Agreement
until the Director has provided the Owner with written confirmation
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thereof, referred to herein as a certicate of completion". In
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addition to any other requirements contained herein, no certificate !
i of completion shall be issued for the works, or a portion of the
works, until :
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i ) such of the works authorized by the authorization to commence
works for which a certificate of completion is required have
been inspected by the Director or an authorized member of the =�f .
Municipal staff, as may be appointed by the Director; and the
Municipal Council has approved the written report of the
Director that such works have been constructed and installed
in accordance with the latest version of the engineering
drawings, as approved by the Director; and
ii) the Municipality is satisfied that in respect of the
construction and installation of all of the works authorized {
by such authorization to commence works there are no
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outstanding claims relating to such works. ;
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PERIOD OF REQUIRED MAINTENANCE OF WORKS
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27. The Owner shall, from the date of the issuance of the
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certificate of completion, maintain all of the works covered by such
certificate of completion for a period of two (2) years.
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MAINTENANCE GUARANTEE REQUIRED
28. In order to guarantee that all defects in the works which
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become apparant after the issuance of a certificate of completion for
such works will be properly repaired or replaced, the Owner hereby
authorizes the Municipality to retain as a maintenance guarantee, a
portion of the letter of credit referred to by paragraph 17 in an j
amount equal to ten percent (10%) of the estimated cost of the works
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as set out in Schedule "I" hereto. The term of the maintenance
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guarantee shall be subject to the approval of the Municipal Treasurer
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and shall guarantee the works for two (2) years from the date of
completion.
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USE OF MAINTENANCE GUARANTEE !!
E 29. The Owner agrees that the Municipality may, at any time, by
Resolution of Municipal Council, authorize the use of all or any part C
of any maintenance guarantee if the Owner fails to pay any costs `
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payable by the Owner to the Municipality under this Agreement by the
due date of the invoice for such costs, ,!
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REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE j
30. The Owner agrees that the Municipality shall not be obliged to
release to the Owner all or, part of the unused portion of any r� 1
performance guarantee referred to herein until : "
i) a certificate of completion has been issued for the works for
which such performance guarantee was required; and y
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t ii) the Owner has deposited with the Municipality the maintenance 1'
guarantee applying to those works for which such performance
guarantee was required; and
iii) the Municipality is satisfied that in respect of the i I
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construction and installation of the works for which such
performance guarantee was required, there are no outstanding
claims relating to such works, i
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REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
31. The Owner agrees that any of the works covered by a
certificate of completion shall not be accepted nor deemed to be
accepted for the purpose of this Agreement until the Director has y?'
provided the Owner with written confirmation thereof, referred to }
herein as the "certificate of acceptance". In addition to any other
requirements contained herein, no certificate of acceptance shall be
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issued until a-11 of the works covered by such certificate of 1'
completion have been inspected by the Director or a staff member of I
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the Municipality as may be appointed by the Director', and the
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Municipal Council has approved the written report of the Director " E
that all such works have been maintained to the approval of the
Director for the period set out in paragraph 27 of this Agreement,
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OWNLRSIIIP OF WORKS BY MUNICIPALITY ! i
32. The Owner agrees that upon the issuance of a certificate of
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acceptance, the ownership of all of the works covered by such j
certificate of acceptance shall vest in the Municipality, and the
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Owner shall have no right or claim thereto other than as an Owner of
land abutting a road in which such works are installed.
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REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
33.
i ) The Owner agrees that the Municipality shall not be obliged to
release to the Owner all or part of the unused portion of any
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maintenance guarantee until; , 1
a) a certificate of acceptance has been issued for the works
for which such maintenance guarantee was required; and l
b) the Municipality is satisfied that in respect of the j
maintenance for all of the works for which such
maintenance guarantee was required, there are no
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outstanding claims relating to such works. j §
The Municipality shall release to the Owner the unused portion ` IJ
of any maintenance guarantee upon fulfillment of clause a) and } j
b) of subparagraph i) hereof.
REQUIREMENTS FOR CERTIFICATE OF RELEASE
34. Upon compliance with subparagraph i), ii) and iii) hereof, the
Municipality agrees to provide the Owner with a written release for
the said lands referred to herein as the "certificate of release" in
a form suitable for registration or deposit in the applicable ;T
Registry or Land Titles Office. In addition to any of the �;�''
requirements contained herein, the certificate of release shall not
be issued until ;
i ) certificates of acceptance have been issued for all of the
works; and
ii) a registered Ontario Land Surveyor, approved by the
Municipality, has 1
p y, provided the Municipality with written r�
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confirmation that at a date not earlier than the end of the
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maintenance period described herein, he has found or replaced
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all standard iron bars as shown on the plan attached as
Schedule "B" hereto and survey monuments at all block corners,
I the end of all curves other than corner roundings, and all
points of change in direction of roads on the plan; and
iii) the Municipal Council has, by Resolution, declared that the 7 .
Owner is not in default of any provisions of this Agreement.
The certificate of release shall operate as a discharge of the land
described therein of all obligations of the Owner under this r
Agreement, with the exception of the Owner's responsibility for
+ drainage as provided herein, and the Owner's acceptance of the
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conditions for applying for Municipal building permits as required in
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accordance with Municipal policy.
RESPONSIBILITY FOR DRAINAGE
35. Even after the issuance of the certificate of release, the
registered owner of each lot on the plan shall have the sole
responsibility for providing and maintaining adequate drainage of
surface waters from such lot.
INTEREST IN SAID LANDS
36. The Owner hereby charges all its interests in the said lands :;:;t, :,
with the obligations set out in this Agreement.
PAYMENT OF MUNICIPAL COSTS �?
37.
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i ) Every provision of this Agreement by which the Owner is 1 :
obliged in any way, shall be deemed to include the words "at i
the expense of the Owner" unless the context otherwise
requires. a
ii) The Owner, upon. execution of this Agreement, shall reimburse
the Municipality for all reasonable legal, planning,
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engineering or other technical advice and assistance or
expenses actually incurred for the preparation and j
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registration of this Agreement, or the preparation and i
approval of Restricted Area By-law No. 83-69 of The
Corporation of the Town of Newcastle, and the legal, planning
and other services contemplated by the terms of this
Agreement, which shall include review of performance
guarantee and preparation of agreements and releases.
The Owner shall have tho right to inspect, upon reasonable '
notice, during regular business hours, such accounts,
invoices, time records and other documents and calculations of
charges for which the Town is seeking reimbursement.
iv) The Owner shall pay to the Municipality, all reasonable
engineering and inspection costs in accordance with the >s`
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provisions of Schedule "J" hereto.
NOTIFICATION OF OWNER i
38. 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: �
Cean Investments (Oshawa) Ltd.
378 King Street West y}
OSHAWA, Ontario
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or such address as the Owner has notified the Municipality in writing
and such notice, mailed or delivered, shall be deemed good and
sufficient notice under the terms of this Agreement. �.
REGISTRATION OF AGREEMENT
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39. The Owner and Mortgagee hereby consent to the registration of j
this Agreement by the Municipality and covenant and agree not to
register or permit the registration of any document on any of the
said lands unless this Agreement and any Deeds, Easements or other `l
documents required to be furnished have first been registered against
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the title to the lands.
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40. The Mortgayee does hereby postpone his Mortgage to this
Agreement with the intent that this Agreement shall take effect as of
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the date executed and registered prior to the Mortgage and the
" Mortgagee covenants and agrees that in the event that he obtains
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ownership of the said lands by foreclosure, or otherwise, he shall
not use or develop the said lands except in conformity with the
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provisions of this Agreement.
ASSIGNMENT OF AGREEMENT �.i.. • �.
41. The Owner shall not assign this Agreement without prior
written consent of the Municipality which shall not be unreasonably
withheld and no such assignment shall relieve the Owner of any of his
obligations under this Agreement.
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SCHEDULES TO AGREEMENT
42. The following Schedules, which are identified by the i
signatures of the parties to this Agreement and which are attached
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hereto, together with all provisions contained therein, are hereby
made a part of this Agreement as fully and to all intents and I
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purposes as though recited in full herein,
Schedule "A" - Legal Description of said lands
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Schedule "B" - Registered Reference Plan
Schedule "C" - Charges against said lands k
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Schedule "D" - Development Charges f
Schedule "E" - Grants of Easements to be Dedicated j
Schedule "F" - Lands and/or cash to be Dedicated
Schedule "G" - Works required
Schedule "H" - Utilities required '.
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Schedule "I" - Costs estimates
Schedule "J" - Engineering Inspection Fees
Schedule "K" - Ministry of the Environment Requirements
SUCCESSORS
43. This Agreement shall enure to the benefit of and be binding
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upon all of the Parties hereto, its, his or her respective heirs, ;
executors, administrators, successors or assigns, j
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IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing +{
officers duly authorized in that behalf.
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SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED
In the Presence of )
Per-
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Per:
TAE CCORPORATION Or THE TOWN OF
Per: j
MAYOR
Per: CLERK
(Mortgagee)
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Per: ,
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Per:
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SCHEDULE "A"
This is Schedule "A" of an Agreement between The Corporation of the
R
Town of Newcastle, }
and
LEGAL DESCRIPTION I
ALL AND SINGULAR that certain parse or Tract of land, situate, lying
and being in the Town of Newcastle, in the Regional Municipality of );
Durham (formerly in the Town of Bownanville), being part of Lot 11 in
the Second Concession of the said Town of Bowmanville, more
particularly described as parts 1 to 9 inclusive on Plan IOR-1633
deposited in the Land Registry Office for the Registry Division of
Newcastle (No. 10).
The Owner hereby agrees that the plan number referred to in this
Schedule may be added by the Municipality subsequent to the execution
of this Agreement.
IN WITNESS WHEREOF the Parties have herunto set their hands and seals
and/or corporate seals by the hands of their proper signing officers
duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED + '
In the Presence of ) _ '
}
NEE COORPORATION OF THE TOWN OF
Per:
)) MAYOR
Per:
CLERK
Per: {
Per:
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SCHEDULE "B"
This is Schedule "D" of an Agreement between The Corporation of the
Town of Newcastle, i
and Cean Investments (Oshawa) Limited
i
COPY OF REGISTERED REFERENCE PLAN ATTACHED
i
IN WITNESS WHEREOF the Parties have hereunto set their hands and ,s
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf. Yr
SIGNED, SEALED AND DELIVERED ) CEA_N INVESTMENTS (OSHAWA) LIMITED
In the Presence of ) `
THE CORPORATION OF THE TOWN OF
NEWCASTL j
Per:
MAYOR !
Per:
CLERK
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Per:
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Per:
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NOW M
j This is Schedule "C" of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited i
CHARGES AGAINST THE SAID LANDSp
1. Municipal Taxes $4,333.00
2. Local Improvement Charges NIL
3. Drainage Charges NIL
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IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED CEAN INVESTMENTS (OSHAWA) LIMITED
In the Presence of ; --
) a! r
THE CORPORATION OF THE TOWN OF ;
NEWCASTLE
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Per: :
Y R },
Per: '.
.RK
Per:
Per: ;
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This is Sxhodo|o "0" of on Agreement between The Corporation of the
Town of Newcastle,
and Ceoo Investments (Oshawa) Limited
DEVELOPMENT CHARGES
The Owner shall pay to the Municipality upon execution of this
Agreement, total development charges of One Thousand Two Hundred
Dollars ($1 ,200.00), based upon o development levy of Six Hundred
Dollars ($600,00) per lot for Parts 3.6,0 and 7, Plan 1OK-1633. The |
Owner agrees to pay a further Six Hundred Dollars ($600.00\ in
respect of Part 2, Plan lOK'l03 prior to the isa0000e of '
any
building permit in respect of said Part 2, Plan 1V8-1631.
IN WITNESS KH[k[0F the Parties have hereunto set their humb and
' seald and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
' 5l6N[D` SEALED AND 0ELlYEK[0 C[AM N
In the Presence of ��
`
THE CORPORATION �
n^,vx
Per:
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Per:
Par:
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1 This is Schedule "E" of an Agreement between The Corporation of the
F
Town of Newcastle,
and Cean Investments (Oshawa) Limited }
zi
GRANTS OF EASEMENTS
i
(AS MAY BE DETERMINED)
Nil {�
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IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing t .
officers duly authorized in that behalf,
SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED ;
In the Presence of ) —
THE CORPORATION OF THE TOWN OF
NE AS LE
Per: {
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Per: R '�
CLERK
Per:
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This is Schedule "F" of an Agreement between The Corporation of the
Town of Newcastle,
and Cean Investments (Oshawa) Limited
DEDICATION OF LANDS
The Owner shall , upon execution of this Agreement and prior to 1 J
clearance of the conditions of severance by the Municipality,
deliver to the Municipality executed Deeds of conveyance sufficient
to vest in the Municipality absolute title in fee simple and free and
clear of all liens and charges and encumbrances and easements to '
Parts 1 ,4,8 and 9, as shown on the registered reference plan number
lOR-1633. Said lands to be used for road widening purposes, The
Town hereby agrees to assume and dedicate said lands as public
highways as soon as practicable following dedications by the Owner.
i 1
CASH IN LIEU OF LANDS {
l
The Owner shall pay to the Municipality as cash in lieu of dedication
of parkland, being five percent (5`t) of the market value of the
subject lands agreed on at Six Hundred and Twenty-one Dollars and
Sixty ents ?. .
y ($621.60) of which Four Hundred and Fourteen Dollars and
Forty Cents ($414.40) shall be paid upon the execution of this
agreement and Two Hundred and Seven Dollars and Twenty Cents
($207.20) shall be paid prior to issuance of any building permit in
respect of Part 2, Plan 1OR-1633.
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf. I
SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED ,
In the Presence of
THE CORPORATION OF THE TOWN OF
NEWCASTLE $
Per:
MAYOR
I
Per:
))) LERK !
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Per:
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Per: j
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s; SCIIi l)Ill l "G" f
This is Schedule "G" of an Agreement between The Corporation of the j
} Town of Newcastle,
and Cean Investments (Oshawa) Limited
WORKS REQUIRED r
1 . Storm Drainage System The Owner agrees to construct, install ;: 'y
and maintain a storm drainage system to serve the said lands ¢
including all ditches, culverts, swails and any other required
appurtenances and equipment in accordance with the Town of Newcastle
design criteria and standard drawings to the satisfaction of the
Director of Public Works. The Owner shall also, at no expense to the f
Municipality, arrange for the disposal of all storm water in and from
the lands which may be obstructed by the Owner's development r`
satisfactory to the Director of Public Works.
2. Roadways (.
a) e wner shall be responsible for the construction and
installation, to the satisfaction of the Director of Public Works,
and in accordance with the Town of Newcastle design criteria and
standard drawings, the following services on High Street, abutting 1
the lands:
i) any works required for drainage purposes and the seeding and
mulching of the ditches or boulevard between the edges of the
shoulders and the property line;
an entranceway to each lot; ;
iii) the Owner agrees to complete any other works required to }4i
accommodate storm drainage along the road allowance abutting
the subdivision to the satisfaction of the Director of Public
Works.
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED
In the Presence of
THE CORPORATION OF THE TOWN OF
NEWCASTLE
t�
Per:
MAYO
Per:
CLERKd
Per:
1 I
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.1IrE EEE�EI E.I "'�I) I
1
This is Schedule "H" of an Agreement between The Corporation of the
Town of Newcastle, `
and Cean Investments (Oshawa) Limited E
IEEE! +
UTILITIES REQUIRED
1. Electrical Supply System The Owner shall arrange with the
appropriate Public utilities Commission having jurisdiction for the
design, provision and installation of an electrical supply system to
serve the lands in the locations as approved by the Director. All j
primary services to be installed above ground and secondary
electrical services to be installed under ground.
2. Telephone System The Owner shall arrange with the appropriate
telephone company f'or the design, provisions and installation of a j.
telephone system to serve the said lands, as approved by the
Director. All telephone services are to be installed underground
where practical ,
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
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SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED
In the Presence of )
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE {
Per: T
MAYOR
Per:
CLERK
r
Per: s
)) Per: '
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SCIIFDOI F "I" i
7,
This is Schedule "I" of an Agreement between The Corporation of the ++
Town of Newcastle,
and j
WORKS COST ESTIMATE
1 . Driveway accesses, including culverts, cost to be borne by
builder in accordance with applicable Town Policy,
2. Storm Drainage Works in respect of Part 2,
Plan 1OR-1633 - $1 ,702.00
3. Storm Drainage Works in respect of Parts 3,5,6 and 7,
Plan 10R-1633 - $2,214.00 I€
The performance guarantee has been based upon preliminary estimates
only, and at such time as the final engineering drawings have been
approved by the Director of Public Works, a revised cost estimate of
the works, engineering and contingencies, shall be prepared by the '4
Owner or his agent and submitted to the Director of Public Works for
his approval . This revised cost estimate shall be used as a basis to
adjust the performance guarantees if the estimate increases or '
decreases. .1
IN WITNESS WHEREOF the Parties have hereunto set their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) C_EAN INVESTMENTS (OSHAWA) LIMITED
In the Presence of '
)
THE CORPORATION OF THE TOWN OF
NEWCASTLE
Per:
MAYOR
Per:
i
El-TtK- I
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)
)Per:
Per:
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SCU[UUi[ ^ ^
This 1s Schedule "J" of an Agreement between The Corporation of the Town of
Newcastle, and Ceon Investments (Oshawa) Limited
ENGINEERING
Estimated Costs of Works Fees
Up to $100.000.00 . Actual cost of engineering
services- and inspection fees up to
o MAXIMUM of $4,000.00
*100'000,00 to $600,000.00 $4'000,08 or 3.5% of the estimated
cost of services - whichever is
greater
$500.000.00 to $1 `000`000.00 07,500,00 or 3% of the estimated
cost of services - whichever is
greater .
$1 '000.000.00 to $2.000.000.00 $30,000.00 or 2,5% of the
estimated cost of services -
whichever is greater
$2'000,000,00 to $3,000'000.00 $50,000.00 or 2,15% of the �
estimated cost of services
whichever is greater |
3,000,000,00 to $4,000.000,00 $07.500.00 or 2% of the estimated |
cost of services - whichever 1s
greater
For the purposes of this Schedule cost estimates as specified in Schedule "H"
for Hydro Distribution System shall not be included for the purposes of
calculating engineering and inspection fees as contemplated by this Schedule,
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals
the day and year first above written and the parties hereto have hereunto
/
affixed their corporate seals by the hands of their proper officers duly
authorized in that behalf.
|
SIGNED, SEALED AND DELIVERED C /
in the presence of: |
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THE | �
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'CU| N8[ "K"
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This is Schedule "K" of on Agreement between The Corporation of the
m"m of Mewzodlu.
and Cexn Investments (Oshawa) Limited
MIN.ISTRY OF THE ENVIRONMENT NOISE ATTENUATION REQUIREMENTS
l .
That all exposed windows of residences to be located on Parts
2'3.5,6 and 7 of Plan l0R-1613 he installed to the specifications of |
the Ministry of the Environment,
2. That the afore said dwellings shall be equipped with forced
air heating with a provision that air conditioning may be installed
should the owners find it necessary to achieve an acceptable indoor
living environment.
y. That the following warning clause be registered against title
of Parts 2'1^6,0 and 7^ Plan l08-1033:
"Despite the inclusion of noise control measures within '
the development area, noise levels may continue to be /
of ;oncero, occasionally interfering with some activities
of the dwelling occupants. A provision has been mode
to the heat in8 oystrm to fucilitate the installation of /
air conditioning should the owner find it necessary in
order to achieve an acceptable living environment."
IN WITNESS WHEREOF the Parties have hereunto sot their hands and
seals and/or corporate seals by the hands of their proper oi0oio0
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED CE8N lNVESTM
/
THE CORPORATION
Per:
/ .
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Per'
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Per:
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DATED: 1983
B ET WEE N:
CEAN INVESTMENTS (OSHAWA) LIMITED
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
SUBDIVISION AGREEMENT
Planning Department
The Corporation of the Town of Newcastle
Municipal Offices
HAMPTON, Ontario, LOB lJ0
File: LD-261-81 to LD-263-81