Loading...
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. 2 - 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. 3 - 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 0 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. 2 - 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. j WITNESSETH THAT: I 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; pa ( 1 - 2 - 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. r 3 - 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 a 11. The electrical supply and telephone systems shall be installed underground. OWNERS ' ENGINEER i 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. 4 - 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 I 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: t e 5 - (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 u (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. 1 1 6 - 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 4 4 7 - 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 J 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. i i i 8 - 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 b (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 i 9 - "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 i 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. I jk i 10 - 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. a i 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 a 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 k 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 12 - 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. - 1 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 a 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 h 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. 13- - 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 a 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. w SUCCESSORS r 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" 14 - 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" i 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. a a k 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. i h i WILLIAM WATSON INVESTMENTS LIMITED, Per: b s 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 . i WILLIAM WATSON INVESU= LIMITED, Per: i THE CORPORATION OF THE TOWN OF NEWCASTLE Per: 9 Mayor Clerk SCHEDULE "C" CHARGES AGAINST SAID LANDS 1980 Municipal taxes - $399.43 t r 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: t 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: I I THE CORPORATION OF THE TOWN OF NEWCASTLE Per: Mayor Clerk • i )i S j i 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: i THE CORPORATION OF THE TOWN OF NEWCASTLE i Per: Mayor Clerk k 3 t t 3 ti 4 S 4 f i d SCHEDULE "G" WORKS REQUIRED I . STORM DRAINAGE SYSTEM i 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 bi 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 1 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. I 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 r SCHEDULE "H" i s F UTILITIES REQUIRED . i (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 - 2 - (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: i t s THE CORPORATION OF THE TOWN OF NEWCASTLE, G Per: Mayor t, a Clerk S 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 i s a i 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. P i C WILLIAM WATSON INVESTMENTS LIMITED, Per: THE CORPORATION OF THE TOWN OF NEWCASTLE, Per: Mayor Clerk i 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 - 2 - (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. I 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. i 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. Q (4) DISPOSAL OF CONSTRUCTION GARBAGE r 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 2 - (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. i 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. 1 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. 3 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. 2 - (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. 3 - (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; 4 - • 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 - 5 - 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 6 - 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, - 7 - 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. 8 - 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. I� 0 0 K) w RAILWAY �PACIFIC — CANADIAN pA o W 6 m W U 4 0 fY� f 3.048m ROAD ALLOWANCE BETWEEN CONC. 1 and B. F ® ZONE CHANGE TO M2-3 `- 0 50 100 150m 50 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 N° I i I � I I I I I ( I I COilRYICE ( I i I I I I I I 1 I I I I I i I I t a I I I I I I i I I f I I I I ( o ( I Q I I I I I I Ir I I I I o I I I I i I I IREGgNAL I I ROAD I MII 22 I I I I i I I Z I I ( I I ( I SUBJECT � e t SIITE A t I I I I I --- I HWYT—� i I Ns t 401 I I F \\ I I +w< I I LAKE ONTAR/o - �_ I ' I I +'1 KEY MAP for BY-LAW 80- 103 DARL MTON 0 500 1000M 500