HomeMy WebLinkAboutReport #3 (Planning) CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO COUNCIL MEETING OF July 21, 1980
REPORT NO. : 3
SUBJECT: Proposed Industrial Development Agreement
William Watson Investments Limited
Part of Lot 31, Concession 1, former Township
of Darlington
BACKGROUND:
On May 23, 1979, Council considered an application request-
ing the rezoning of the subject 17.217 acre parcel of land for dry indus-
trial purposes, and approved the following recommendation of the Planning
and Development Committee:
"That Application for rezoning Z-A-1-7-3 be approved
subject to the following conditions:
1. i) that the applicant enter into a Development Agree-
ment as described in Section 35 (a) of The Planning
Act, with the Corporation of the Town of Newcastle
including, but not specifically limited to, the
following provisions:
a) That the applicant dedicate to the Corporation
of the Town of Newcastle a 10 foot road widening
allowance along the north side of Baseline Road.
b) That a lot grading and drainage plan be approved
by the Director of Public Works prior to the issuance_
of any building permit on the subject lands.
c) That the site plan committee may require a further
site plan agreement as a condition of developmei..t
of all or part of the subject lands.
d) That any easements, as required by the Public Works
Department, for drainage purposes and/or utilities,
be granted free and clear of all encumbrances.
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e) That the owner agrees to pay half the cost of
reconstructing Trull's Road along the frontage
of the subject lands.
f) That the owner agrees to provide one or more
reservoirs for fire fighting purposes, to the
satisfaction of the Fire Chief, on the subject
site.
g) That the owner ensure there is no increase or change
of direction in the flow of natural surface drain-
age which would adversely affect the Canadian Pacific
Railway right-of-way, and agrees that any modification
or addition to the existing drainage patte m would be
its responsibility.
h) That any proposed utilities under or overcrossing
the Canadian Pacific Railway right-of-way to serve
the development be designed in accordance with the
specifications of, receive the approval of and be
covered by the standard agreement or permit of the
Canadian Pacific Railway.
2. That, once the said Development Agreement has been signed
by the owner and the Town of Newcastle, the attached By-law
be ,forwarded to Council for approval."
COMMENT:
The attached Industrial Development Agreement, which has been
negotiated by staff, substantially fulfills the conditions set out by this
resolution, except for item (e) .
Item (e) requires the applicant to pay half the cost of re-
constructing the abutting portion of Trull's Road. Staff note that after_
this requirement was suggested, the subject road was reconstructed as part
of the Town's regular maintenance programme, and not as a Local Improvement.
For this reason, and because the development of new industrial
land benefits the Town's tax lase, it is Clio opinion of staff that this
requirement should not be included among the provisions of the Development
Agreement.
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Tl;u Agreement follows Llic, stcindard format which was used
for other industrial developments in the area; and makes provision for
the conveyance of industrial lots by consent of the Region of Durham
Land Division Committee.
If this proposed Agreement is acceptable to Council, it
would be appropriate to pass the attached By-law 80-102, which authorizes
the execution of the Agreement, and the attached By-law 80-103, which
amends the Restricted Area (Zoning) By-law of the former Township of
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Darlington to permit the proposed development.
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received for information;
2. That the attached By-law 80-102, which authorizes
the execution of the subject agreement, be approved
by Council; and
3. That the attached By-law 80-103, which amends the
Restricted Area (Zoning) By-law of the former Township
of Darlington, be approved by Council.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
July 24, 1980 Director of Planning
TIIE CORPORATION OF TILL
TOWN OF NEWCASTLE
By-law No. 80-102
being; a By-law to authorize the entering into a
Development Agreement with William. Watson Investments
Limited.
WHEREAS William Watson Investments Limited has requested Council to
rezone certain lands so as to permit the development of the said lands
for industrial purposes ;
AND WHEREAS Council has approved this request;
AND WHEREAS it is a condition of such approval that William Watson Invest-
ments Limited shall enter into a Development Agreement with the Corporation'.
of the Town of Newcastle.
NOW THUL-FORL the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. That the Mayor and Clerk are hereby authorized to execute
on behalf of the Corporation of the Town of Newcastle, and
seal with the Corporate Seal of the Corporation of the Town
of Newcastle, an Agreement between William Watson Investmen-its
Limited and the said Corporation, dated the 21st day of July,
1980, and attached hereto.
BY-LAW READ a first time this day of A.D. 1980.
BY-LAW READ a second time this day of A.D. 1980.
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BY-LAW READ a third time and finally passed, this day of
A.D. 1980.
G. B. RICKARD, Mayor
(seal)
J. M. McILROY, Clerk
THIS AGREEMENT made this - .day of , 1980 .
B E T W E E N:
WILLIAM TyaTSON,INVE'S=T US LIMITED, a Company incorporated
under the laws of the Province of Ontario,
hereinafter called the "Owners"
of the FIRST PART,
and
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Municipality"
of the SECOND PART.
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WITNESSETH THAT:
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WHEREAS the lands affected by this Agreement, which are described
in Schedule "A" hereto, are hereinafter called the "said lands" ;
AND WHEREAS the Owners warrant that they are the registered owners
of the whole of the said lands;
AND WHEREAS the Owners warrant that they intend to apply to the
Durham Land Division Committee, hereinafter called the "Committee" ,
for approval of a consent to convey parts of the said lands;
AND WHEREAS the Owners have requested the Municipality to rezone
the said lands so as to permit the development of the said lands
for industrial purposes;
AND WHEREAS the Owners have consented to enter into this Agreement
with the Municipality;
AND WHEREAS in this Agreement"Owners"may include 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 the Owners warrant that they have or will enter into an
agreement with the appropriate Public Utilities Commission, or
other authority or company having jurisdiction in the area of the
said lands for the design and installation of the utilities referred
to in Schedule "H" and hereinafter called the ""Utilities" ;
AND WHEREAS in this Agreement "Director" means the Director of
Public Works of the Town of Newcastle, or such duly qualified
Engineer as may be appointed by the Council of the Municipality
to act in his place;
AND WHEREAS the Owners acknowledge that the lands will not be
serviced by municipal water or sewer systems and each building
or structure to be erected or altered shall be supplied by in-
dividual wells or private water supply systems and by private
sewage disposal systems as approved and/or required by the Region
of Durham Health Unit.
AND WHEREAS in this Agreement "Site Plan Committee" means the
Committee appointed by Council for reviewing all proposed buildings
and landscaping and all other matters anticipated by Section 35 (a)
of the Planning Act, and this Committee shall consist of the
following person: - Chairman of the Planning and Development
Committee; Director of Planning and Development; Director of Public
Works; Chief Building Official; and the Town Manager;
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NOW THEREFORE in consideration of the mutual agreements
and covenants and promises herein contained, and other good and
valuable consideration, the parties hereto agree as follows:
CERTIFICATION OF OWNERSHIP
1. The Owners 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 an interest in the said lands and the nature
of their interest.
2. The Owners 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 to any land which is to be conveyed to the
Municipality, or over which easements are to be granted to the
Municipality pursuant to the terms of this Agreement.
COPY OF PLAN REQUIRED
3. The Owners shall, at the time of execution of this
Agreement, provide the Municipality with a certified copy of
a reference plan of survey for the said lands prepared by a
registered Ontario Land Surveyor showing the proposed layout
as approved by Council. Such reference plan shall be attached
hereto as Schedule "B" and hereinafter called the "Plan" . The
Plan shall also contain the stamp of Regional approval.
The Plan shall be deposited in the Registry Office prior
to the issuance of any certificate that consent has been given for
the conveyance of any part of the Plan.
PAYMENT OF TAXES
4 . The Owners 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 Owners further
agree to pay any Municipal taxes which may become due and payable
by them in respect of any of the said lands prior to the sale by
the Owners of such lands.
PAYMENT OF LOCAL IMPROVEMENT CHARGES
5 . The Owners shall, at the time of execution of this
Agreement, pay all charges with respect to existing local improve-
ments assessed against the said lands, as set out in Schedule "C"
hereto. Such charges shall include the Municipalty` s share of any
local improvements which serve the said lands and shall include the
commuted value of such charges including charges falling due after
the date of execution of this Agreement.
PAYMENT OF DRAINAGE CHARGES
6. The Owners shall, at the time of execution of this
Agreement, pay all drainage charges assessed under The Drainage
Act, 1975, and The Tile Drainage Act, 1971, as amended, against
the said lands, as set out in Schedule "C" hereto, including
the commuted value of any such charges falling due after the
execution of this Agreement.
DEDICATION OF EASEMENTS
7. The Owners shall, at the time of execution of this
Agreement, deliver to the Municipality executed transfers of
easements free and clear of all encumbrances as set out in
Schedule "D" hereto. If, subsequent to the registration of the
Plan, further easements are required for utilities or drainage
or other purposes, the Owners agree to transfer to the Municipality
such further easements upon request.. If further easements are required
for whatever reasons, the additional easements will not be detrimental
to the division of any of the lots.
The Owners will continue, to make every effort to acquire
easements for off-site drainage southerly from the Development.
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DEDICATION OF LANDS INCLUDING ONE FOOT RESERVE
S . The Owners shall, at the time of execution of this
Agreement, deliver to the Municipality executed deeds of convey-
ances sufficient to vest in the Municipality, or where applicable,
in any other public authority or person absolute title, in fee
simple, free and clear of all liens, charges, encumbrances and ease-
ments to the lands set out in Schedule "E" hereto. Such conveyance shall
include the dedication by the Owners to the Municipality of the
lands required by the terms of The Planning Act, R.S.O. 1970 ,
Chapter 349 , as amended, from time to time to be dedicated for
public purposes other than for highways.
REGISTRATION OF DEEDS AND GRANTS OF EASEMENTS
9. The aforementioned transfer of land and transfers of
easements shall be prepared and registered by the Owners at the
Owners ' expense.
MUNICIPAL WORKS REQUIRED
10 . The Owners shall be responsible for the construction and
installation of the services more particularly referred to in
Schedule "G" hereto (hereinafter called the "Works") . Until the
issue of a Certificate of Acceptance, as hereinafter provided, the
Works shall remain the property of the Owners, and the Owners
shall be fully responsible for their maintenance. After the
issuance of a Certificate of Acceptance the Works shall vest in
and become the responsibility of the Municipality, except the
Temporary Detention Pond.
UTILITIES REQUIRED
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11. The electrical supply and telephone systems shall be
installed underground.
OWNERS ' ENGINEER
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12 . The Owners shall retain a competent Professional Engineer
approved by the Municipality, and registered by the Association of
Professional Engineers of Ontario, and hereinafter called the
"Owners' Engineer" , to administer this Agreement, whose duties are
set out in Schedule "I" hereto.
DESIGN OF WORKS
13. The Owners agree that the design of all the Works shall
comply 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 decision of the Director shall be final.
APPROVAL OF ENGINEERING DRAWINGS
14 . The Owners shall, prior to the issuance of any Author-
ization to Commence Works, as provided herein, have received the
written approval of the Director for all drawings of all of the
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 Director for revision and
further approval, and no work shall be done unless in accordance
with the said revised and approved drawings.
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APPROVAL OF GRADING AND DRAINAGE PLAN
15. The Owners shall, prior to the issuance of any
Authorization to Commence Works, as provided herein, have received
the written approval of the Director 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 Director
for revision and further approval and no such work shall be done
unless in accordance with the said revised and approved drawings .
APPROVAL OF SCHEDULE OF WORK
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16 . The Owners shall, prior to the issuance of any
Authorization to Commence Works, as provided herein, have received
the written approval of the Director of a Schedule, hereinafter
called the "Schedule of Works" which sets out the timing sequence
in which the Owners propose to construct and install all of the
Works and the Owners shall proceed only in accordance with such
approved Schedule of Work.
APPROVAL OF COST ESTIMATES
17. The Owners agree that, prior to the issuance of any
_ Authorization to Commence Works, as provided herein, the estimated
costs of construction and installation of all of the Works herein-
after called the "Works Cost Estimate" , shall be approved by the
Director and entered in Schedule "J" hereto.
PERFORMANCE GUARANTEE REQUIRED .
18. (1) Prior to the- issuance of any authorization to commence work,
the Owner shall provide the Thwn with a "Performance Guarantee",
in the form of cash or an irrevocable letter of credit issued
by a chartered Canadian Bank in an amount equal to the "Works
Cost Estimate". The "Performance Guarantee" may be used by the
Town of Newcastle as set out in clause 19 in the event that the
Owner fails to satisfactorily neet the requirements of this agree-
ment in respect of the provision of the specified works and
facilities.
(2) All suh-nissions made under clause (1) above, shall be approved by
the Treasurer of the Town of Newcastle.
USE OF PERFORMANCE GUARANTEE
19. The Owners agree 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 Owners fail to pay any
costs payable by the Owners to the Municipality under this Agree-
ment by the due date of the invoice for such costs.
INDEMNIFICATION OF MUNICIPALITY AND INSURANCE
20 . The Owners covenant and agree to indemnify the Munici-
pality against all actions, causes of actions, suits, claims and
demands, whatsoever and howsoever caused, which arise either by {
reason of the development of the said lands, or the undertaking of
the design, construction, installation and maintenance of the Works
and Utilities. The Owners agree to indemnify the Municipality with
respect to all such claims notwithstanding the issuance of a
Certificate of Release provided for in this Agreement. The Owners
shall also provide the insurance called for in Schedule "K" of
this Agreement.
REQUIREMENTS FOR AUTHORIZATION TO C014MENCE WORK
21. The Owners shall not commence the construction or
installation of any of the Works without the written permission of
the Director hereinafter called an "Authorization to Commence
Works" . The Owners 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:
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(1) The Plan has been deposited in the Registry Office;
and
(2) The Owners have paid to the Municipality any out-
standing charges against the said lands; and
(3) The Owners have dedicated to the Municipality any
transfer of easement as set out in Schedule "D"
hereto; and
(4.) The Owners have dedicated or conveyed to the
Municipality any lands as set out in Schedules "E"
and "F" hereto; and
(5) The Owners has. .del.ivered letters from the appropriate
Public Utilities Commission, or authority or
company having jurisdiction, stating that satis-
factory agreements have been entered into for the
design and installation of the Utilities required
by paragraph 17- of this Agreement; and
(6) The Owners have appointed an approved Engineer as
provided by paragraph 12 of this Agreement; and
(7) The Owners have received the written approval of the
Director for the Engineering Drawings as required
by paragraph 14 of this Agreement; and
(8) The Owners have received the written approval of the
Director for the Grading and Drainage Plan as
required by paragraph 15 of this Agreement; and
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(9) The Owners have received the written approval of the
Director for the Works Cost Estimate, as required
by paragraph 17 of this Agreement; and
(10) The Owners have deposited with the Municipality the
Performance Guarantee applying to that stage of the
Plan for which the Owners are seeking such Authori-
zation to Commence 1^7orks as required by paragraph 18
of this Agreement; and
(11) The Owners have deposited with the Municipality any y
policies of insurance as required by paragraph 20
of the Agreement.
In the event that the Owners commence the work prior to the
Directors authorization to so commence Work, then this Agreement
shall be deemed to be null and void.
APPROVAL OF CONTRACTORS
22 . The Owners agree that any contractor employed by the
Owners to construct or install any of the Works shall be approved
by the Y unicipality in writing prior to the contract being made
and in the case of services under the jurisdiction of the Public
Utilities Commission shall be approved by the Public Utilities
Commission.
INSPECTION AND STOP WORK
23. 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 such contractor pertaining to the said lands and the
Director, after consultation with the Owner' s Engineer, shall have
the power to stop any such work in the event that, in their
opinion, work is being performed in a manner which may result in a
completed installation that would not be satisfactory to the
Municipality.
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PROVISIONS FOR CONSTRUCTION AND INSTALLATION
24 . 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. All construction on the said lands shall be carried
out in accordance with the regulations for construction as set out
in Schedule "L" hereto.
SEQUENCE OF CONSTRUCTION AND INSTALLATION
25. The Owners shall, upon the issuance of an Authorization
to Commence Work, proceed to construct and install all of the
applicable Works continuously and as required by the approved
Schedule of Works.
COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION
26 . The Owners shall, within two (2) years of the date of
issuance of an Authorization to Commence Works, complete the
construction and installation of all of the Works authorized
in such Authorization to Commence Works .
ADDITIONAL FACILITIES OR WORK REQUIRED
27 . If, in the opinion of the Director, any minor or
incidental additional work is required to provide for the adequate
operation and functioning of the Works , the Owners shall construct
or install such additional facilities and perform such additional
work as the Municipality may request from time to time.
INCOMPLETE OR FAULTY WORK
28. If, in the opinion of the Director, the Owners are not
prosecuting or causing to be prosecuted the Works required by
this Agreement, in such a manner that it will be completed within
the time specified for such completion, or if the said work is
being improperly done, or if the Owners neglect or abandon the
said work, or any part of it, before completion, or unreasonably
delay the execution of the same, or if in any other manner the
said work is not being done properly and promptly in full compli-
ance with the provisions of this Agreement, or in the event that
the Owners neglect or refuse to do over again any work which may
be rejected by the Director as defective or unsuitable, or if the
Owners in any other manner in the opinion of the Director make
default in performance under this Agreement, then in any such case
the Director on the authority of the Council of the Municipality
may notify the Owners and their surety in writing of such default
or neglect and if the Owners fail to remedy such default or neglect
within ten (10) clear days after the giving of "such notice or
within such further period of time as may be specified in the
notice then the Municipal Council shall thereupon have full j
authority and power immediately at its option to employ a contractor
or such workmen as in the opinion of the Director shall be required
for the proper completion of such work at the cost and expense of
the Owners or their surety, or both. In cases of emergency, in the
opinion of the Director, such work may be done without prior notice,
but the Owners shall forthwith be notified. The cost of such work j
shall be calculated by the Director, whose decision shall be final.
It is understood and agreed that the total costs shall include a
management fee of thirty-five (350) per cent of a contractor' s {
charges to the Municipality (including any charges for overhead and
profit) , or, if such work is undertaken by the Municipality, 1
thirty-five per cent (350) of all labour, materials and machine
time charges incurred to complete the work, it being hereby
declared and agreed that the assuming by the Owners 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
29 . The Owners agree that, at any time, and from time to
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time, employees or agents of the Municipality may enter the said
lands for the purpose of making emergency repairs to any of the
Works. Such entry and repairing 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 Owners from any of their obligations under this
Agreement.
DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
30. (1) The Owners agree-_: to pay the cost of repairing any
damages to any services which without limiting the generality of the
foregoing shall include road, water, electrical, gas, telephone,
cable television or server systems, and the cost of relocating any
existing services, caused by the development 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 Director and/or authorities
responsible for such services. The Owners further agree, to pay
the cost of moving any of the Works installed under this Agree-
ment, in driveways or so close thereto, as in the opinion of the
Director, interfere with the use of the driveway.
(2) The Ownersagree to, if the well or private
water supply of any person outside the Plan is interferred with
or dewatered as a result of the construction or installation of
the Works:
(a) where the interference to a well or private
water system is short term duration (i.e.
during the course of dewatering and
excavation and within one month of the
completion of dewatering) make available
to the affected party, a temporary supply
of water at no cost to the affected party; or
(b) where the interference to a well or private
water supply is of a long term duration,
at the option of the Ownersand at their
expense connect the affected party to the
Municipal water supply system or provide
a well or -private water system so that
water supplied to the affected party shall
be of a quality and quantity at least equal
to the quality and quantity of water enjoyed
by the affected party prior to the interfer-
ence.
USE OF WORKS BY MUNICIPALITY
31. The Owners agree 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 Owners
from any of their obligations under this Agreement.
USE OF SAID LANDS
32. The Owners agree that the said lands shall not be used
for any purpose other than that set out in Schedule "M" hereto,
with the prior written consent of the Municipality.
LANDS REQUIRING SITE PLAN
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33. If required by the Site Plan Committee, then the Owners j
covenant and agree that no application for any building permit
in respect of any of the lots of the Plan shall be made until the
Owners have entered into a site plan agreement with the Municipality
respecting the development of such lot and unless the application
for a building permit complies in all respects with the terms of the
said site plan agreement.
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REQUIREMENTS FOR BUILDING PERMIT
34. (1) 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 Municipality 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. If required by the Director,
then the Owners agree that no application for any building permit
in respect of any of the said lands shall be made until:
(i) The Owner has supplied and installed the entrance-
ways, to the satisfaction of the Town, and in
compliance with Town Standards and Entranceway
Policy & By-Law;
(ii) The Owner has completed all of the storm drainage
works, including the temporary detention pond, to
the satisfaction of the Director of J^brks.
(iii) The Owner has graded all of the lots to within
six inches (6") of final grade, prior to a building
permit being issued;
(iv) The Owner has deposited the Occupancy Penalty fee
as required by paragraph 37 of this Agreement; and
(v) In addition, the Owner .agrees that no application
for any building permit shall be made in respect of
any part of the said lands until the Owners or their
successors in title have entered into a Site Plan
Agreement, as contemplated by Section 35 (a) of the
Planning Act, with the Municipality respecting the
development of such part, if such Site Plan Agree-
ment is required by the Site Plan Committee.
(vi) _ The Owners will provide the Town with a letter from
the purchaser of a lot stating that, if the need
arises, he may have a mutual driveway with an
abutting owner, and that the latter has no objections
thereto.
REQUIREMENTS FOR SALE OF LANDS
35. The Owners agree not to sell any or all of the said lands
until:
(1) the Municipality has registered against the title to
such lands any grant of easement in respect of such
lands; and
(2) the Owners have obtained from the prospective pur-
chaser a covenant that such purchaser agrees to
provide the Municipality with' any grants of easement
required for utility or drainage purposes upon the
written request of the Municipality; and
(3) the Owners have obtained from the prospective
purchaser a license to permit the Owners to enter
upon such lands to perform their obligations under
this Agreement; and
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(4) the Owners have inserted in the agreement to purchase
entered into by the prospective purchaser, notice
that the lands are subject to the covenants and
obligations set forth in the Agreement.
REQUIREMENTS FOR AUTHORIZATION TO OCCUPY
36. The Owners shall not permit any buildings on the said
lands to be occupied, and no one shall occupy such buildings, without
the written permission of the Municipality, hereinafter called an
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"Occupancy Permit" . In addition to any other requirements
contained herein, or required Federal, Provincial or Municipal laws,
no Occupancy Permit shall be issued for any building until:
(1) All of the storm drainage system required to be
constructed and installed to service such building
has been constructed and installed to the written
approval of the Director, and the building has been
connected thereto; and
(2) All of the utilities, save telephone and cable T.V.
required to be constructed and installed and con-
nected to the building have been so constructed,
installed and connected, to the written approval of
the authorities having jurisdiction over such
Utilities; and
(3) The building has been connected to and is serviced by
a water supply and sewage disposal system to the
written approval of the authority having juris-
diction; and
(4) the Owners ' Engineer has provided the Director with
written confirmation that the lot where such
building is located, conforms to the Grading and
Drainage Plan, or has received the approval in
writing of the Director with respect to any
variance to the Grading and Drainage Plan.
OCCUPANCY PERMIT
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37• The Owners agree to deposit with the Municipality the
sum of Seven Hundred and Fifty Dollars ($750 . 00) at such time as a
building permit is issued with respect to each lot and the said sum of
Seven Hundred and fifty dollars ($750 . 00) 11 }� orfeited to the
Municipality in the event that occu anc
P Y/g gsViAt to completion
of the services and roadways and the issuance of an Occupancy Permit.
The Municipality shall return the deposit, without interest or
penalty, to the Owners at such time as the unit is ready for
occupancy in accordance with the Agreement, or as required by Federal,
Provincial or Municipal laws, provided that the said unit has not
been occupied prior to its being so ready for occupancy or prior
to the Occupancy Permit having been issued. It is understood that
this provision is severable and distinct and is in addition to any
other rights which the Municipality may have at law or in equity to
stop or enjoin occupancy of any building on the said lands in
contravention of paragraph 36 hereof.
MAINTENANCE OF ROADS
38 . The Owners and subsequent Owners will keep the Baseline
Road and Trull
' s Road free and clear of mud and' debris
construction of any buildings and entranceways, and duriing1site pre-
paration.
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REQUIREMENTS FOR CERTIFICATE OF COMPLETION
39 . The Owners agree 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 purpose of
this Agreement until the Director has provided the Owners with
written confirmation thereof, referred to herein as a "Certificate
of Completion" . In addition to any other requirements contained
herein, no Certificate of Completion shall be issued until:
(1) all of the Works authorized by the Authorization
to Commence Works have been inspected 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 approved by the Director; and
(2) the Owners have provided the Municipality with
a statutory declaration that the Owners have paid
all accounts except for holdbacks not exceeding
fifteen percent (15o) of the value of the Works,
payable in respect of the construction and install-
ation of all of the Works authorized by such
Authorization to Commence Works and that there are
no outstanding claims relating to such Works. All
_ unpaid accounts other than holdbacks must be ,
enumerated; and
(3) the Owners haveprovided the Municipality with a
letter from the Public Utilities Commission, or other
authorities or company having jurisdiction in the
area of the lands that the Utilities have been
installed to the satisfaction of such Public
Utilities Commission or other authority or company
having jurisdiction.
PERIOD OF REQUIRED MAINTENANCE OF WORKS i
40. The Owners shall fromthe date of the issuance of a
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 OF MUNICIPAL AND PRIVATE LANDS
41. The Owners shall cut all weeds and grasses on all parts
within the Plan which from time to time have not been conveyed by
consent of the Committee including any part which has been conveyed
to the Municipality until such time as a Certificate of Acceptance
is issued for all Works located on the said part. The said weeds
and grasses shall be cut as often as is necessary in the opinion of
the Director.
MAINTENANCE GUARANTEE REQUIRED
42. In order to guarantee that all defects in the Works,
which become apparent after the issuance of a Certificate of
Completion, for such Works, will beproperly repaired or replaced,
and all weeds and grasses are cut as required by paragraph 41 hereof,
the Owners shall, prior to the issuance of the Certificate of
Completion for such Works, lodge with the Municipality a Maintenance
Guarantee in the form of a bond or letter of credit from an accept-
able insurer or chartered Canadian Bank, and in an amount equal to
fifte ml:ercent, (15'%) of the estimated cost of the Works as set out in
Schedule "J" hereto. The form of the Maintenance Guarantee shall be
subject to the approval of the Municipal Solicitor, and the Municipal
Treasurer, and shall guarantee the Works for two (2) years from the
date of completion.
USE OF MAINTENANCE GUARANTEE
43. The Owners agree 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 Owners fail to pay any
costs, payable by the Owners to the Municipality under this Agreement,
by the due date of the invoice of such costs.
REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE
44. The Owners agree that the Municipality shall not -be:
Obliged to release to the Owners 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 Owners have deposited with the Municipality the
Maintenance Guarantee applying to those Works for
which such Performance Guarantee was required; and
(3) the Owners have provided the Municipality with a
statutory declaration that the Owners have paid all
accounts payable except the holdback not exceeding
fifteen percent (15%) of the cost of the Works in
respect of the construction and installation of the
Works for which such Performance Guarantee was
required and that there are no outstanding claims
relating to such Works; and
(4) the as-constructed plans and profiles must be
received by the Director prior to the release of
the performance guarantee.
REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
45. The Owners agree that any of the Works covered by
Certificate of Completion shall not be accepted nor deemed to be
accepted for the purpose of this Agreement until the Director has
provided the Owners with written confirmation thereof, referred to
herein as a "Certificate of Acceptance" . In addition to any other
requirements contained herein, no Certificate of Acceptance shall
be issued until all of the Works covered by such Certificate of
Completion have been inspected by the Director and the Municipal
Council has approved the written report of the Director that all j
such Works have been maintained to the approval of the Director 1
for the period set out in paragraph 40 of this Agreement.
OWNERSHIP OF WORKS BY MUNICIPALITY 3
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46 . The Owners agree that upon the issuance of a Certificate
of Acceptance, the ownership of all of the Works covered by such
Certificate of Acceptance shall vest in the Municipality and the
Owners shall have no right or claim thereto, other than as Owners
of land abutting a road in which such Works are installed.
REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
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47. The Owners agree that the Municipality shall not be
obliged to release to the Owners 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 Owners have provided the Municipality with a
statutory declaration that the Owners have paid
all accounts payable in respect of the maintenance
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of all of the Works for which such Maintenance
Guarantee was required and that there are no out-
standing claims relating to such Works;
REQUIREMENTS FOR CERTIFICATE OF RELEASE
48 . The Municipality agrees to provide the Owners 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 Registry or Land Titles Office. In
addition to any other requirement contained herein, the Certificate
of Release shall not be issued until:
(1) Certificates of Acceptance have been issued for all
of the Works; and
(2) a registered Ontario Land Surveyor, approved by the
Municipality, has provided the Municipality with
written confirmation that, at a date not earlier
than the end of the maintenance period described
herein, he has found or replaced all standard iron
bars as shown on the Plan and survey monuments of
all block corners; and
(3) the Municipal Council has, by resolution, declared
that the Owners were not in default of any of the
provisions of this Agreement.
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The Certificate of Release shall operate as a discharge of the land
described therein of all obligations of the Owners under this
Agreement with the exception of the Owners ' responsibility for
drainage as provided herein and the Owners ' acceptance of the
conditions for applying for Municipal building permits as provided
herein.
RESPONSIBILITY FOR DRAINAGE
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49 . 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
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50. The Owners hereby charge all their interest in the said
lands with the obligations set out in this Agreement.
PAYMENT OF MUNICIPAL COSTS
51. Every provision of this Agreement by which the Owners
are obliged in any way shall be deemed to include the words "at
the expense of the Owners" unless the context otherwise requires.
The Owners 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 con-
nection with the development of said lands.
UNPAID CHARGES
52. The due dates of any sums of money payable herein unless
a shorter time is specified shall be thirty (30) days after the
date of the invoice. Interest at the prime rate of interest charged
by Chartered Banks plus Six per cent (6%) per annum shall be payable
by the Owners to the Municipality on all sums of money payable herein,
which are not paid on the due dates, calculated from such due dates.
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NOTIFICATION OF OWNERS
53 . If any notice is required to be given by the
Municipality to the Owners in respect of this Agreement, such notice
shall be mailed or delivered to;
or such address as the Owners have 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:
54. The Owners hereby consent to the registration of this
Agreement by the Municipality and covenant and agree not to register
or permit the registration of any documents after registration of
the Plan on any land included in the said Plan unless this Agreement
and any deeds, easements or other documents required to be furnished
thereunder have first been registered against the title to the land
included in the Plan.
NEGOTIATION OF AGREEMENT
55. The Owners agree that the Municipality may, at its
option" in the circumstances set out below on thirty (30) days written
notice to the Owners, declare this Agreement to be subject to renegot-
iation, whereupon the Owners agree not to undertake any construction {
or installation of any of the Works until this Agreement has been
renegotiated. This Agreement may be subject to renegotiation if 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
56. The Owners shall not assign this Agreement without prior
written- consent of the Municipality and no such assignment shall
relieve the Owners of any of their obligations under this Agreement.
JOINT AND SEVERAL LIABILITY
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57. The Owners hereby acknowledge and agree that they are
jointly and severally liable for all covenants given by them, or
either of them, under this Agreement.
APPLICATION TO LAND DIVISION COMMITTEE
58 . Provided that the Director of-Works has issued the authorization to--
commence work and provided further that application for consent to convey part of the
lands comply with the Official Plans and Zoning By-laws from time to time in force
affecting the lands, and provided that the proposed consents are suitable for the
orderly development of the lands as determined by the Director of Planning, the
Municipality will not oppose any application by the O7 mers to the Land Division
Committee of the Region of Durham for consents to convey part of the lands.
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SUCCESSORS
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59. This Agreement shall enure to the benefit of and be
binding upon all of the parties hereto, and its or their respective
heirs, executors, administrators, successors or assigns.
SCHEDULES TO AGREEMENT
60. The following schedules, which are identified by the
signatures of the parties to this Agreement, and which are attached
hereto, together with all provisions contained therein, are hereby
made a part of this Agreement, as fully and to all intents and
purposes as though recited in full herein:
Schedule "A" - "Legal Description of said lands"
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Schedule "B" - "Reference Plan"
Schedule "C" - "Charges against said lands"
Schedule "D" - "Grants of easements to be
dedicated"
Schedule "E" - "Lands to be dedicated"
Schedule "F" - "Lands for Public Highway"
Schedule "G" - "Works required"
Schedule "H" - "Utilities required"
Schedule "I" - "Duties of Owners ' s Engineer"
Schedule "J" - "Works Cost Estimate"
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Schedule "K" - "Insurance Policies required"
Schedule "L"_ - "Regulations for construction"
Schedule "M" - "Use of said lands"
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 r
the lands of their proper officers duly authorized in that
behalf.
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SIGNED, SEALED and DELIVERED )
in the presence of )
WILLIAM VA-ISORT INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF
NEWCASTLE,
Per:
Mayor
Clerk
SCHEDULE "A"
LEGAL DESCRIPTION OF SAID LANDS
ALL AND SINGULAR that certain parcel or tract
of land situate, lying and being in the Town of
Newcastle, in the Regional Municipality of Durham,
and being composed of part of Lot 31, Concession 1 ,
in the Geographic Township of Darlington, and now
described as Parts 1 to 5, Plan 1OR-
THIS IS SCHEDULE "A" to the Agreement between William Watson Investments
Limited, and The Corporation of the Town of Newcastle, dated the
day of July 1980.
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WILLIAM WATSON INVESTMENTS LIMITED,
Per:
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
SCHEDULE "B"
REFERENCE PLAN
THIS IS SCHEDULE "B" to the Agreement between William Watson Investments
Limited and The Corporation of the Town of Newcastle, dated the day
of July, 1980 .
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WILLIAM WATSON INVESU= LIMITED,
Per:
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Per: 9
Mayor
Clerk
SCHEDULE "C"
CHARGES AGAINST SAID LANDS
1980 Municipal taxes - $399.43
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THIS IS SCHEDULE "C" to the Agreement between William Watson
Invesnis Liin itedand The Corporation of the Town of Newcastle dated
the day o f Jay, 19 8 0 .
WILLIAM L'aP_TSON INVES'INIENTS LIMITED, �
Per:
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
SCHEDULE "D"
GRANTS OF EASEMENTS TO BE DEDICATED
The Owner will convey to the municipality a
drainage easement over Part 2, Plan lOR-
THIS IS SCHEDULE "D" to the Agreement between William Watson
Investments Limited and The Corporation of the Town of Newcastle j
dated the day of July 1980.
TATILLIAM WATSON INVESU ENNTS LIMITED, a
Per:
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
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SCHEDULE "E"
LANDS TO BE DEDICATED
ALL AND SINGULAR that certain parcel or tract
of land situate, lying and being in the Town of
Newcastle, in the Regional Municipality of Durham
and being composed of Part of Lot 31, Concession .l,
Geographic Township of Darlington, and now described
as Part 3, Plan 1OR-
THIS IS SCHEDULE "E" to the Agreement between William Watson
InvestTrentsPL-1rnited, and The Corporation of the Town of Newcastle, dated
the day of July 1980.
WILLIAM WATSON INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
SCHEDULE "F"
LANDS FOR PUBLIC HIGHWAY
ALL AND SINGULAR that certain parcel or tract
of land situate, lying and being in the Town of Newcastle,
in the Regional Municipality of Durham and being composed
of Part of Lot 31, Concession 1, Geographic Township of
Darlington, and now described as Part 1, Plan lOR-
THIS IS SCHEDULE "F" to the Agreement between William Watson
Investments Limited and The Corporation of the Town of Newcastle, dated
the day o f July' , 1980 .
WILLIAM WATSON INVESTMENTS LIMITED,
Per:
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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Per:
Mayor
Clerk
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SCHEDULE "G"
WORKS REQUIRED
I . STORM DRAINAGE SYSTEM
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The Owner. agrees to construct, install, maintain
and supervise a complete storm drainage system, for the removal
Of upstream storm water and storm water originating within the
said lands, including ditches, culverts, swales, open channels
and any other appurtenances and equipment, in accordance with
the Town of Newcastle 's Design Criteria and Standard Drawings, 1
and to the satisfaction of the Director of Public Works. i
The Owner shall also arrange, at no cost to the
Municipality, for the disposal, from the subdivision, of all
storm water, which may be obstructed by the Owner ' s development,
such disposal to be to the satisfaction of the Director of
Public Works.
The Owner agrees to construct and maintain a temporary
Detention Pond, in accordance with plans and specifications
approved by the Director of Public Works.
- The Owner shall employ his best efforts to obtain the
necessary easements external to the said lands, for the disposal
of storm water from same, and this shall be at no expense to the
Municipality. If, at the time of the acceptance of the develop-
ment, easements external to the said lands have not been
acquired, the Owner shall be responsible for the actual costs of d
acquisition of such easements by the Town, for the removal the temporary detention pond, for the construction of culverts
crossing Baseline Road and --any other related construction
grading and administrative costs.
At the time of the Authorization to Commence Works, the
Owner shall deposit with the Municipality, a Letter of Credit in
the amount of Twelve ,i' ousand Dollars; (Y12,000.,00`) , to be held by the
Town until all of the above works have been completed.
II. ROADWAYS r
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The Owner agrees to supply, construct and install
driveway entrances, in accordance with the Town of Newcastle' s
Entranceway Policy, and the Engineering Drawings aproved
Director of Public Works. The maximum number of enttrancewaysthe
onto Baseline Road is to be five ;-(5) . -
The Owner agrees to the - grading of the-ditches along
Baseline Road and Trull ' s Road, to the satisfaction of the
Director of Public Works, and to the seeding and mulching of the
ditches between the edges of the road shoulders and the
property line.
The Owner agrees to the installation of Street Lighting,
on the existing hydro facilities along Baseline Road and Trull ' s
Road.
III. GRADING
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The Owner agrees to grade the development to within 0.5
feet tolerance, prior to application for a building permit, and
to fill in any abandoned watercourses within the development.
IV. FIRE RESERVOIR
The Owner agrees to supply and construct a Fire
Reservoir on Part 3, Plan 1OR-
25 ft. x 20 ft, x 10 ft. , and to provide eaccessxtoathesFireof
Reservoir, to the satisfaction of the Fire Chief of the Town of
Newcastle.
1
SCHEDULE "G" - Page 2
V. FENCING & LANDSCAPING
The Owner agrees to provide, erect and maintain
fencing in accordance with the Town of Newcastle' s Design
Criteria and Standard Drawings, and to the satisfaction of
the Director of Public Works, such fencing to be in the
following locations:
(a) Fencing, to the height of six feet (6 ft. ) , chain link,
abutting any residential property, and an eight-strand
woven wire farm fence, with one wooden to every two
steel posts, abutting any other adjoining lands.
(b) Landscaping. of part 1 on Plan 1OR- (10 ft. road-
widening along Baseline Road) - will consist of Austrian
Pine of a minimum height of four feet (4 ft. ) and the
trees will be planted in clumps of five, each clump
being twenty feet (20 ft. ) apart.
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Deciduous trees (Crimson King Maple, Norway Maple
or Mountain Ash) will be planted between each of the
abovementioned clumps and will be a minimum caliper of
two and one-half inches (22") and will be guaranteed
for a period of one year from date of planting.
(c) A cedar hedge will be planted abutting any residential
property, such hedge to be of a minimum height of six
feet (6 ft. ) and planted in such a manner as to create 4
a screen between the properties.
(d.) The abovenoted trees will also be planted at twenty-foot
(20 ft. ) intervals along Trull.`.s Road.
(e) All trees planted must be done under the direct super-
vision of a horticulturist or nurseryman and shall be
guaranteed for a period of one (1) year from the date s
of planting.
THIS IS SCHEDULE "G" to the Agreement between William Watson
Investments Limited and The Corporation-- of the Town of Newcastle,
dated the day of July, 1980.
WILLIAM WATSON INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Per:
Mayor
Clerk
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SCHEDULE "H"
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UTILITIES REQUIRED .
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(1) ELECTRICAL SUPPLY SYSTEM
The Owners shall arrange with the Bowmanville
Public Utilities Commission and/or Hydro Electric
Power Commission of Ontario for the design,
provision and installation of an aboveground/
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
Director.
All electrical services are to be installed under-
ground except where the Director and the appropriate
public authority determine otherwise.
(2) STREET LIGHTING SYSTEM
The Owners shall arrange with the Bowmanville
Public Utilities Commission and/or Hydro Electric
Power Commission of Ontario for the design,
provision and installation of a complete street-
lighting system to serve the said lands on behalf
of the Municipality in whose ownership the- system
shall vest upon completion, including all appurt-
enant apparatus and equipment of such types and
in such locations as approved by the Director.
The Owners shall furnish -written evidence satis-
factory to the Director that such arrangements
have been made prior to the issuance of any auth-
orization to commence works.
(3) TELEPHONE SYSTEM
The Owners 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/man-
holes, service connections, apparatus and equipment,
in the locations as approved by the Director.
All telephone services are to be installed under-
ground except where the Director and the appropriate
public authority determines otherwise.
THIS IS SCHEDULE "H" to the Agreement between William Watson Investments
Limited, and The Corporation of the Town of Newcastle, dated the day
of July 1980 .
WILLIA1 WATSON INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
SCHEDULE "I"
DUTIES OF OWNERS' ENGINEER
(1) DESIGN WORKS AND PRIVATE WORKS
The Owners ' Engineer shall design all of the
Works.
(2) PREPARE DRAWINGS, PLANS AND DOCUMENTS
The Owners ' Engineer shall prepare the following for
the approval of the Director:
(a) the Engineering Drawings;_ and
(b) the General Grading and Drainage Plan; and
(c) the Schedule of Work; and
(d) the Works Cost Estimate.
The approval of the Director shall not absolve the Owners or
the Owners' Engineer of the responsibility for any errors or
omissions in the above drawings, plans and documents.
(3) REPRESENT OWNERS AND OBTAIN APPROVALS
The Owners ' Engineer shall act as the Owners ' re-
presentative in all matters pertaining to the
construction and installation of the Works and shall 3
co-operate with the Municipality to obtain the
necessary approvals for construction and installation. +
(4) PROVIDE RESIDENT SUPERVISION s
The Owners ' Engineer shall provide fully qualified
supervisory, layout and inspection staff to provide
continuous service during all phases of the construction
and installation of the Works and to perform the
following:
(a) check field layout including the checking of
line grade as laid out by 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
Director; and
(d) provide co-ordination and scheduling of the
construction and installation in accordance
with the timing provisions contained herein,
and the requirements of the Director; and
(e) investigate and report to the Director any
unusual circumstances which may arise during
construction and installation; and
(f) obtain field information during and upon com-
pletion of the construction and installation
required to modify the Engineering Drawings
to produce the As-constructed Drawings.
. . . . .2
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(5) MAINTAIN RECORDS
The Owners ' Engineer shall maintain all records
pertaining to the construction and installation.
(6) PROVIDE PROGRESS REPORTS
The Owners ' Engineer shall provide the Director with
reports on the progress of the construction and
installation on a monthly basis, or at such other
interval as approved by the Director.
(7) PREPARE AS-CONSTRUCTED DRAWINGS
The Owners' Engineer shall prepare the As-constructed
Drawings for the approval of the Director.
THIS IS SCHEDULE "I" to the Agreement between William Watson Investments
Limited, and The Corporation of the Town of Newcastle, dated the day
of July 1980.
WILLIAM WATSON INVESTMENTS LIMITED,
Per:
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
G
Per:
Mayor
t,
a
Clerk
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SCHEDULE "J"
COST ESTIMATE
1. Repair Road Ditches $ 2, 000. 00
2. Construct Storm Drainage Ditch 4 ,000. 00
3 . Construct Storm Detention Pond 3 , 000 . 00
4 . Construct 6 ' Chain Link Fence 209 ' @ $30 . 6, 270. 00
5. Construct Landscaping 300m @ $30. 9 , 000 . 00
6. Construct 100, 000 1. Reservoir 12, 000. 00
7. Removal of Detention Pond & Repair Ditch 2, 000. 00
8 . Construct Road Culverts 3, 000 . 00
9 . Repair Asphalt 1, 000. 00
10 . Engineering @ 120 5, 072 . 00
TOTAL $ 47,342 . 00
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THIS IS SCHEDULE "J" to the Agreement between William Watson
Investments Limited, and The Corporation of the Town of Newcastle,
dated the day of July, 1980.
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WILLIAM WATSON INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Per:
Mayor
Clerk
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SCHEDULE "K"
INSURANCE POLICIES REQUIRED
(1) TYPE OF COVERAGE REQUIRED
The Owners 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 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
Utilities or any part or parts thereof respectively; and
(c) any injury to any person or persons including workmen j
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 Owners undertaking the develop-
ment of the said lands together with any or all of the
Works and Utilities pertaining thereto.
(2) AMOUNTS OF COVERAGE REQUIRED
The policy or policies of insurance shall be issued jointly
in the names of the Owners and the Municipality and shall
provide the following minimum coverages :
(a) $1;"400, 000. 00 for loss or damage result 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) '�1�'000, 000. 00 for any one occurrence of property
damage.
The issurance of such policy or policies of insurance shall not be
construed to relieve the Owners from responsibility for other or
larger claims for which it may be held responsible.
. . . . . .2
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(3) EXEMPTIONS 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.
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THIS IS SCHEDULE "K" to the Agreement between William Watson Investments
Limited, and The Corporation of the Town of Newcastle, dated the day
of July 1980.
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WILLIAM WATSON INVESTMENTS LIMITED,
Per:
s
THE CORPORATION OF THE TOWN OF NEWCASTLE
r
Per:
Mayor
Clerk
SCHEDULE "L"
REGULATIONS FOR CONSTRUCTION
(1) REQUIREMENTS FOR BLASTING
The Owners shall, prior to commencing any blasting, obtain
from the Director, permission to carry out the blasting
operation.
(2) REMOVAL OF TOP SOIL
The Owners 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 unless otherwise
approved by the Municipality.
(3) DUMPING OF FILL OR DEBRIS
The Owners agree 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 Director.
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(4) DISPOSAL OF CONSTRUCTION GARBAGE
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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 Owners and
approved by the Director. The Municipality shall not be
responsible for the removal or disposal of garbage and debris.
The Owners agree 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 Owners agree 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 Owners.
(6) MAINTENANCE, CLOSING OR USE OF EXTERNAL ROADS
The Owners 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 construction on the said lands, shall be
maintained in a condition equal to that now existing and to the
approval of the Director. If damaged, the Owners agree to
restore immediately, and at their expense, such road to a
condition equal to that existing at the time of such damage
and to the approval of the Director. 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 Owners agree not to use or occupy
any untravelled portion of any public road allowance without
the prior written approval of the authority having juris-
diction over such public road allowance.
(7) MAINTENANCE OF INTERNAL ROADS
The Owners shall, prior to the placement of the final surface
treatment 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 Director in order that the construction of
such road shall not have suffered due to any use of the base
course as a temporary road.
. . . . . 2
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(8) CLEANING OF STREETS
Any debris or mud deposited on any street within the
development, or on any abutting streets adjoining the develop-
ment, by traffic from the development during the construction
of the municipal services, shall be removed immediately and if
the same is not removed the Municipality may on one day' s
notice to the Owners, remove the same, at the Owners ' expense.
The Owners shall at all times during the construction of the
municipal services keep the streets and boulevards in the
development clear and free of all materials and obstructions
which might interfere with the installation of electric ,
telephone, gas or other utilities.
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THIS IS SCHEDULE "L" to the Agreement between William-Watson Investments
Limited, and The Corporation of the Town of Newcastle, dated the day
of July 1980.
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a
b
WILLIAM T,,7ATSON INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
SCHEDULE "M"
USE OF SAID LANDS
No person shall use any of the lands, or erect, alter, or use any
building or structure on such lands for any purpose except in
accordance with By-law Number 2111, as amended of the former
Township of Darlington.
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THIS IS SCHEDULE "M" to the Agreement between William Watson Investments
Limited, and The Corporation of the Town of Newcastle, dated the day
Of July_ 1980. s
i
WILLIAM WATSON INVESTMENTS LIMITED,
Per:
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Clerk
INDUSTRIAL DEVELOPMENT AGREEMENT dated July , 1980.
B E T W E E N:
WILLIAM WATSON INVESTMENTS LIMITED,
and
THE CORPORATION OF THE TOWN OF NEWCASTLE
I, Joseph Czernega Victor,
a Solicitor of the Supreme Court of Ontario, do hereby certify that
the abovenamed William Watson Investments Limited, is the sole
owner in fee simple of all land described in Schedule "A" to the
Industrial Development Agreement dated July , 1980.
I further certify that there are no mortgages or
other encumbrances upon the said land or any part thereof save
and except the following:
Mortgage registered April 30th, 1976 , as #77328, in favour
of Harry Franklin Worden and Marjorie Ellen Worden
I further certify that WILLIAM WATSON INVESTMENTS
LIMITED is the sole owner in fee simple of all land to be conveyed
to the Corporation or over which easements or rights are to be
conveyed to the Corporation pursuant to the said Industrial Develop-
ment Agreement free from all encumbrances save and except the
following:
NIL
This certifcate is given by me to The Corporation of
the Town of Newcastle for the purpose of having the said Corporation
act in reliance on it in entering into the Industrial Development
Agreement.
DATED at Oshawa the 23rd day of July, 1980.
THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW NO. 80-103
being a by-law to amend Restricted Area By-law
Number 2111 of the former Township of Darlington
WHEREAS the Council of the Corporation of the Town of Newcastle
DEEMS it advisable to amend Restricted Area By-law Number 2111 of
the former Township of Darlington;
NOW THEREFORL the Council of the Corporation of the Town of Newcastle
ENACTS AS FOLLOWS:
1. Section 9 of By-law 2111 is hereby amended by adding to
Subsection (c) the following Subsection 2:
"2) M2-3; Lot 31, Concession 1, Darlington
Notwithstanding any provisions of this by-law to the
contrary, those portions of lot 31, designated "M2-3"
on the attached Schedule "A" hereto, shall be used only
in accordance with the provisions of this Subsection. In
the event that this subsection is silent on any matter,
then the provisions of By-law 2111, as amended, shall apply.
(i) Definitions
For the purposes of this subsection.
(a) "BULK STORAGE TANK" shall mean a tank for the bulk -
storage of petroleum, petroleum products, chemicals,
gases or similar substances. This definition shall
not include a storage tank which is accessory to
another use on the lot where such tank is located.
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(b) "FACTORY OUTLET" shall mean a building or part of
a building, accessory to a permitted industrial use,
where the products manufactured by that industry are
kept for wholesale or retail sale.
(c) "GARAGE, COMMERCIAL" shall mean an establishment
or premises where vehicles owned by the general
public are repaired or maintained.
(d) GARAGE, MAINTENANCE" means an establishment or
premises where vehicles owned or leased by the
occupant of such premises are repaired or maintained.
(e) "FLOOR AREA, GROSS" shall mean the aggregate of the
horizontal area of each storey, measured between the
exterior faces of the exterior walls at the floor
level of such storey.
(f) "FLOOR AREA, NLT" shall mean that portion of the
gross floor area of a building which is used by a
Non-Residential use,
i) any part of such building used by another Non-
Residential use;
ii) any part of such building used for the parking'
or storage of motor vehicles;
iii) any part of such building used for equipment to
heat such building or a portion thereof; and
iv) the thickness of any exterior walls of such
building.
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(g) "FRONTAGE, LOT" shall mean the horizontal distance
between side lot lines, measured along a line 100
metres back from and parallel to the front lot line.
(h) "OPEN STORAGE AREA" shall mean land used for the out-
side storage of equipment, goods or materials. This
definition shall not include a storage use located in
a building, a salvage yard, a delivery space or a
parking space.
(i) "PLANTING STRIP" shall mean a row of trees or a
continuous unpierced hedgerow of evergreens or
shrubs, not less than five feet high, immediately
adjacent to the lot line or portion thereof, along
which such planting strip is required herein, which
is planted with shrubs, flower beds, or a combin-
ation thereof.
(j) "PRIVATE GASOLINE PUMP ISLAND" shall mean a structure
used to dispense gasoline solely to vehicles owned or
leased by the occupant of the lot where such gasoline
pump island is located. This definition shall not in-
clude an automobile service station or any other..facil-
ity for the sale of fuels.
Permitted Uses
an assembly plant;
• bulk storage tank;
• business office accessory to a permitted use;
• commercial garage;
• contractor's yard;
an equipment storage building;
• factory outlet;
• farm implement dealership;
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• heavy equipment sales and service outlet;
• maintenance garage accessory to a permitted use;
• manufacturing plant;
an open storage area;
• parking lot;
• private gasoline pump island;
• warehouse.
Zone Provisions
(a) lot area (minimum) - .5 ha
(b) lot frontage (minimum) - 50 m
(c) lot coverage (maximum) a - 50%
(d) front yard (minimum) - 10.6 m
(e) interior sideyard - 4.5 m, provided that
(minimum)
where a side lot line
abuts a residential zone,
or abuts a lot having a
residential use situated there-
on within 30 m, the minimum
side yard shall be 9.0 m.
(f) exterior sideyard - 10.6 m
(minimum) -
(g) rear yard (minimum) - 10.6 m, provided that where
a rear lot line abuts a resi-
dential zone, or abuts a lot
having a residential
use situated thereon within
30 m, the minimum rear yard
shall be 15.0 m, and provided
further that no rear yard
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shall be required from any
portion of a rear lot line
which abuts a railroad rid; lt-
of-way.
(h) landscaping area - 10%
(minimum)
(i) building height - 10.6 m
(maximum)
(j) parking spaces -
(minima)
i) business office - 1 for each 18.5 square
metres of net floor area
or portion thereof.
ii) commercial garage - 1 for each 4.6 square metres
of gross floor area or por-
tion thereof.
iii) other uses 1 for each 69. 7 square metres
of net floor area or portion
thereof.
(k) parking space - No parking space shall be
location -
located closer than 1.5 m
to any street line or 5.5 m
to any lot line which abuts
a lot having a residential
use situated thereon within
30 m.
(1) loading spaces -
(minima)
i) commercial garage- 1 per lot
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ii) other uses - the greater of one per
lot; or one for each 2787
square metres of gross
floor area or portion thereof.
(m) Gasoline Pump Island - No part of any gasoline pump
Location
island shall be located in
any front yard or closer
than 4.5 m to any side or
rear lot line.
(n) Open Storage Area - No open storage area shall
Regulations
be permitted except in accord-
ance with the following pro-
visions;
i) no open storage area shall be permitted in a front
yard or exterior si�deyard;
no open storage area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which
abuts a lot having a Residential use situated there-
on within 30 metres.
iii) no open storage area shall be permitted in a side-
yard adjacent to a side lot line of such lot which
abuts a lot having a Residential use situated there-
on within 30 metres.
iv) every open storage area or lot having an open storage
area situated thereon shall be enclosed by a wall or
fence not less than 1.8 metres in height and con-
structed of uniform material; and,
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v) no portion of any open storage area for com-
bustible materials shall be located closer than
6 metres to any lot line.
(o) Property abutting railway
Notwithstanding any provision of this By-law to the
contrary, where any lot line or portion thereof abuts
a railroad right-of-way, no interior side or rear yard
shall be required along that portion of such lot which
so abuts the railroad right-of-way.
(p) Planting Strip Location
A 3.0 metre wide planting strip shall be required
along any portion of a side lot line or rear lot line
abutting a lot having a residential use situated there-
on within 304.5 metres.
(q) Noxious Trade
No use shall be permitted which from its nature or
the materials used therein is declared to be a noxious
trade, business or manufacture under the Public Health
Act or regulations thereunder.
(r) Unserviced Lot Requirements
(i) No more than 45,460 litres of water per day
shall be taken from any lake, stream, well or
reservoir;
(ii) no water taken from any lake, stream, well or
reservoir and utilized in any way in the manu-
facturing process shall be discharged in such
manner that it flows outside the boundary of
the lot either above or below ground level.
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no privately owned sewage system shall dis-
charge effluent in such a manner that it flows
outside the boundary of the lot either above
or below ground level.
(iv) the number of persons employed on the lot shall
not exceed the regulations of the Durham Health
Unit and shall be subject to the approval of
the Durham Health Unit."
2. Key Map 21 of Schedule "A" to By-law 2111, as amended, is
hereby further amended by changing to "M2-3" the zone designa-
tion of the lands shown as "ZONE CHANGE TO M2-3" on the attached
Schedule "X" hereto.
3. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 35 (10) of the Planning Act.
BY-LAW READ a first time this day of A.D. 1980.
BY-LAW READ a second time this day of A.D. 1980.
BY-LAW READ a third time and finally passed this day of
A.D. 1980.
G. B. RICKARD, Mayor
(seal)
J. M. McILROY, Clerk
THIS IS SCHEDULE 1,X' TO BY-LAW 80- I 0 ,
PASSED THIS DAY OF ,A. D. 1980.
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ROAD ALLOWANCE BETWEEN CONC. 1 and B. F
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G.B.Rlckard ,Mayor
_, J.M.Mcl troy,clerk
35 34 j 3+ < 1 32 31 30 I I�U 28 I 27 26 1
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