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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. I i I i i i 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. . . .3/ 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 i Investments (Oshawa) Limited. ;! 3 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 r 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 t i We OAS,CLERK i i { � ,as �I i i j 1HIS AGREEMENT MADE in yuintuplicate this day of i (f' , 19133 BETWEEN : i 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 ; , - and - ! i hereinafter called the MORTGAGEE (if applicable) ;. . J OF THE THIRD PART r( ,s WITNESSETH THAT WHEREAS the lands affected by this Agreement are described in Schedule "A" hereto and hereinafter called the "lands" f which constitute hectares; '.1 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, r. 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 I served by municipal water and sanitary waste disposals systems; 1 AND WHEREAS the Owner warrants that each residential building or i structure to be erected or altered on the lands shall be connected to l such municipal water and sanitary waste disposal sytems; 1 � ' ;1 ' ^ - 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 / consideration, the Parties hereto agree as follows: CERTIFICATION O[ OWNERSHIP ~ } The Owner shall , at the time of execution of this Agreement, provide the Municipality with a letter signed by an Ontario Solicitor } and addressed to the Municipality, 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, 7 ' provide the Municipality with a letter signed by an Ontario Solicitor � . ./ 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. ' ` COPY OF PLAN ' � 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 . attached hereto as Schedule "B" and is hereinafter called the � "ploo", ' ' / 4 3 _ 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. . �I 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 'e 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 .li'. 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. t l _ 4 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 1 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 i respect of the lot or lots for which clearance is being sought. • ? 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 i 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 i 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. i1 J( ,f t UTILITIES REQUIRED � 12. The Owner shall be responsible for entering into an Agreement r 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 i particularly referred to in Schedule "H". FfI 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". i i 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 V. 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 i 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 ?' { 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. ' ` '•' 11 t - 6 - 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. { V 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. i REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS ! I t 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 I ii) the Owner has received the written approval of the Director 4 for the engineering drawings, as required by paragraph 14 i of this Agreement; and { t 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 a V) the Owner has deposited with the Municipality the performance !j guarantee as required by paragraph 17 of this Agreement. I � i { 7 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 it such contractor pertaining to the said lands and the Director, after f 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. ;} 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 { i authorization to commence works, with the exception of the final lot .' grading, driveway approaches, sodding and tree planting. '. REQUIREMENTS FOR BUILDING PERMITS , . 24. Neither the execution of this Agreement by the Municipality, I , 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 l i � �: :r-,eF �. . , .. :F an �v. ._•r.�. iit• 1ia�ai:'�r� r .,� -f�l: - �} •i�a1:��aa.r4sti3'. i Il '� { applied for, will be issued in respect of any of the said lands, The t 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 y � 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 I lands are subject to the covenants and obligations set forth in this Agreement; and i . 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 F 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 " i xi t C j. - 9 - thereof, referred to herein as a certicate of completion". In 1 � 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 : 's 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 i outstanding claims relating to such works. ; , PERIOD OF REQUIRED MAINTENANCE OF WORKS Ij 27. The Owner shall, from the date of the issuance of the E certificate of completion, maintain all of the works covered by such certificate of completion for a period of two (2) years. , i MAINTENANCE GUARANTEE REQUIRED 28. In order to guarantee that all defects in the works which t 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 i as set out in Schedule "I" hereto. The term of the maintenance a guarantee shall be subject to the approval of the Municipal Treasurer , and shall guarantee the works for two (2) years from the date of completion. I , I 1 _ 10 _ 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 ` r payable by the Owner to the Municipality under this Agreement by the due date of the invoice for such costs, ,! '4 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 i 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 t ;t construction and installation of the works for which such performance guarantee was required, there are no outstanding claims relating to such works, i .a } 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 1 fy I 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 r � I the Municipality as may be appointed by the Director', and the i 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, 1 %li I t � OWNLRSIIIP OF WORKS BY MUNICIPALITY ! i 32. The Owner agrees that upon the issuance of a certificate of I acceptance, the ownership of all of the works covered by such j certificate of acceptance shall vest in the Municipality, and the j Owner shall have no right or claim thereto other than as an Owner of land abutting a road in which such works are installed. i 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 I + 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 fi 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� i t j Ij j U ^ 11 I confirmation that at a date not earlier than the end of the i maintenance period described herein, he has found or replaced 6 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 ' I conditions for applying for Municipal building permits as required in I' 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. I 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, 1 � engineering or other technical advice and assistance or expenses actually incurred for the preparation and j 'f I e.ry a , ... .... .�. .. n^.mmn ,. ,. RR! .. Rastdl s r R.7• i.'4°—,. Ii,n,1A.,vy..,...F.,wn+ax R6� 13 � � } 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` ii 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 L1J 2J9 '` 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 � I 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 A' the title to the lands. A II t I s i 14 it J 40. The Mortgayee does hereby postpone his Mortgage to this Agreement with the intent that this Agreement shall take effect as of E= NI the date executed and registered prior to the Mortgage and the " Mortgagee covenants and agrees that in the event that he obtains I ownership of the said lands by foreclosure, or otherwise, he shall not use or develop the said lands except in conformity with the i 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. � III SCHEDULES TO AGREEMENT 42. The following Schedules, which are identified by the i signatures of the parties to this Agreement and which are attached rf hereto, together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and I a . purposes as though recited in full herein, Schedule "A" - Legal Description of said lands i Schedule "B" - Registered Reference Plan Schedule "C" - Charges against said lands k i. 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 '. 71 y 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 y I upon all of the Parties hereto, its, his or her respective heirs, ; executors, administrators, successors or assigns, j ,j I I rm 1 I � l I - 15 - 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. 4 SIGNED, SEALED AND DELIVERED ) CEAN INVESTMENTS (OSHAWA) LIMITED In the Presence of ) Per- ) � � t Per: TAE CCORPORATION Or THE TOWN OF Per: j MAYOR Per: CLERK (Mortgagee) i Per: , ) r Per: i a I 1 I s�;4 4 ? 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: 1 i ;I I 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 II i i Per: J Per: r '1 1� iQ •.1 1 1 .; �� Sf,IIIaIULC °C" r 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 iII ;t 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 ) 1f r Per: : Y R }, Per: '. .RK Per: Per: ; z) j 'r3 i 4 ! I 4� fl i ! y SCU[VUi[ "0" { 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: ' ^`"^^ Per: Par: ` ' , ! � � ` � i ' j 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 {� r . 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: { 1 f Per: R '� CLERK Per: ) o I ) Per: ; }� 1 ,I. t .1 i 7 �f i t ' SCIII'Illil.I Oro 4 �I I 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 ! ) Per: I c i ) Per: j i i i i 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 i ) Per: s it • II r ;} 1 .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. ;! t 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: ' I F` I f ! 1 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 ) r ) )Per: Per: I 1 1' i — _ 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: | ' THE | � i | ! / ' ( ) � � | ' � ! / ' � ' ' � 'CU| N8[ "K" ^-------^ 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: / . � Per' � i 1 Per: �. ' ' ' ' . ( � / | ` | ! 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