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HomeMy WebLinkAboutBy-law 4070/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 4070/92 Being a by-law to authorize the execution of a Development Agreement between lain Alastair Morrison McCully and the Town respecting the development of Lot 3, Plan 40M-1456, Pickering WHEREAS John Phillips Bryant, Marjorie Bryant, lain Alastair Morrison McCully and The Corporation of th~ Town of Picketing entered into a Subdivision Agreement with the Town dated June 20, 1986, Notice of which was registered January 14, 1987, as Instrument No. LT305645, respecting the subdivision of that part of Lot 11, Concession 5, Pickering, now known as Plan 40M-1456, Pickering; and WHEREAS Iain Alastair Morrison McCully is the owner of Lot 3, Plan 40M-1456, and wishes to postpone the construction of a dwelling thereon, thereby requir'mg that he and The Corporation of the Town of Picketing enter into a Development Agreement pursuant to the provisions of section 51 of the Planning Act, R.S.O. 1990, c. P. 13, in order to provide for the ultimate development of Lot 3, Plan 40M-1456, Picketing, to the satisfaction of the Corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Development Agreement, in the form attached hereto as Schedule A, between Iain Alastair Morrison McCully and The Corporation of the Town of Picketing respecting the development of Lot 3, Plan 40M-1456, Picketing. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1992. Wayne Arthff~rs, Mayor Brace T/~aylor,/Clerk TOWN oF PICKERING APPROVED AS TO ,.LEGAL Tiffs DEVELOPMENT AGREEMENT made August 4, 1992, BETWEEN: lAIN ALASTAIR MORRISON MCCULLY herein called the "Owner", OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", . OF THE SECOND PART. WHEREAS lohn Phillips Bryant, Marjorie Bryant and lain Alastair Morrison McCully (herein called the "Developers") entered into a Subdivision Agreement with the Town dated June 20, 1986, Notice of which was registered January 14, 1987, as Instrument No. L'r305645, respecting the subdivision of that , part of Lot 1 I, Concession 5, Picketing, now known as Plan 40M-1456, Picketing; and WHEREAS the Owner is the owner of Lot 3, Plan 40M-1456, and wishes to postpone the construction of a dwelling thereon; and WHEREAS it is therefore necessary that the Owner and the Town enter into this Development Agreement pursuant to the provisions of section 51 of the Planning Act, R.S.O. 1990, c. P.13, in order to provide for the ultimate development by the Owner of Lot 3, Plan 40M-1456, Pickering, to the satisfaction of the Town; NOW THEREFORE TH~S AGREEMENT WITNESSETH that, in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which by each is hereby acknowledged, the Parties hereto covenant and agree one with the other as follows: 1. The lands affected by this Agreement (herein called the "Lands") are Lot 3, Plan 40M-1456, Picketing. 2. In this Agreement, "Subdivision Agreement" means the Subdivision Agreement, a copy of which is attached hereto as Schedule A, between the Developers and the Town dated June 20, 1986, Notice of which was registered January 14, 1987, as Instrument No. LT305645, respecting the subdivision of that part of Lot 11, Concession 5, Picketing, now known as Plan 40M-1456, Picketing. 3. In the development of the Lands, the Owner shall be bound by the following sections of the Subdivision Agreement: Sections 3, 4, 5, 6, 7, 8, 9, 10, 13(2), 14(3), 16(2), 17(1), 17(2), 17(5), 18(2), 18(3), 20, 21(3), 21(4), 21(5), 22, 25, 27(a), 27(b), 27(c), 27(e), 27(0, 27(g), 30(2), 33, 34, 40(5) and 40(6); Schedule A, section 3; Schedule B, sections 1, 2 and 3. 4. In the development of the Lands, the Owner shall comply with, (a) the siting and architectural design objectives report prepared by the Developers and approved by the Town pursuant to sections 27(1) and 27(2) of the Subdivision Agreement; and (b) the detailed landscaping plan prepared by the Developers and approved by the Town pursuant to section 38 of the Subdivision Agreement. 5. Until the Lands axe develol~d, and during the development thereof, the Owner shall maintain the Lands in a neat and oiderly condition to the satisfaction of the Town. 6. (1) The Owner shall reconstruct curbs, gutters and boulevards on Trimble's Lane adjacent to the Lands where they are damaged after the commencement of work on the Lands, according to the Town's specifications. (2) If any curb depressions axe not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. (3) The Owner shall keep the boulevard adjacent to the Lands clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities or the safe movement of vehicles and pedestrians. (4) The Owner shall maintain and repair Trimble's Lane where consmaction has taken place and where it is used by construction traffic entering the Lands and keep it clear of mud, dust, refuse, rubbish and other litter of all types. 7. Upon the registration of this Agreement on title to the Lands, the Town shall not, (a) postpone the start of the subdivision plan ruaintenance period, or (b) withhold the release of the Developers from the provisions of the Subdivision Agreement, only because the Subdivision Agreement has not been complied with respecting the Lands. 8. Schedule A hereto forms pan of this Agreement. 9. (1) The Owner warrants that he is the registered owner of the Lands and consents to the registration by the Town of this Agreement on the title thereto. (2) This Agreement shall not become effective it is registered on title to the Lands. (3) This Agreement shall entire to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the Panics hereto and shall mn with the Lands. IN WITNESS WHEREOF, the Owner has hereunto affixed his hand and seal and the Town has hereunto aff~¢d its corporate seal, attested by the hands of its authorized officers. SIGNED, SEALED & DELIVERED In the presence of (Seal~ lain Alastair Morrison McCully THE CORPORATION OF THE TOWN OF PICKERING Wayne Anhurs, Mayor Brace Taylor, Clerk -2- ENCUMBRANCER - CANADIAN IMPERIAL BANK OF COMMERCE The Encumbrancer hereby postpones any rights or interests which it has in the Lands with the intent that this Agreement shall take effect as though executed and registered prior to the creation of any such right or interest and prior to the execution and registration of any mortgage, a~eement or other document creating or defining any such right or interest; And the Encumbrancer hereby covenants and agrees with the Town that this Agreement and any conveyance, easement or other document given pursuant to this Agreement, shall have priority over the rights of the Encumbrancer in the Lands with the intent that the Encumbrancer or anyone claiming under it shall at no time exercise in relation to the Lands any right, tire or claim which could not he exercised by the Owner by reason of the terms of this Agreement. Dated at , this day of ,1992. SIGNED, SEALED AND DELIVERED CANADIAN IMPERIAL BANK OF COMIVlERCE -3- S~TEA THIS AGREEMENT made this-20th day of June, 1986. BETWEEN: JOHN PHILLIPS BRYANT MARJORIE BRYANT IAIN ALASTAIR MORRISON McCULLY hereinafter collective]}, called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the"Town" OF THE SECOND PART, REPNITZ HOLDINGS LIMITED, VICTORIA AND CP..".¥ and CANADIAN IMPERIAL BANK OF COMMERCE hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. This iS Exhibit ~ referred to ;n the Afti(3avit of C. M. Timothy Sheffield SWORN BEFORE ME THIS'"t~I DAY OF A Commissioner, etc. WHEREAS the Owner proposes to subdivide part of Lot 11, Concession 5, in the Town of Pickering in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by Horton, Wallace & Davies Ltd. and designated as Draft Plan Number 18T-81047 (Revised); and WHEREAS the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected herebyl NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: PART I - PROPERTY DESCRIPTION 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Pickering, in the Regional Municipality of Durham and Province of Ontario and being composed of Lots I to 9, both inclusive, according to a plan of subdivision registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan PART 2 - GENERAL PROVISIONS CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1986, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4 ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the rights or interests of each of the companies comprising the Encumbrancer, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 5. INTERPRETATION Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith sha]l be construed accordingly. 6. SCHEDULES Schedules A and B attached hereto shall form part of this Agreement. 7. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. PART 3 - SERVICES 10, OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. 11, CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to eupervise generally the work requited to be done for the development of the subdi- vision. (2) 'Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 12. STORM SEWERS (1) The Owner shall construct a complete storm sewer system including catch basin leads to service ail the lands in the subdivision and road allowance adjacent to the subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the subdivi- sion to service the subdivision which in the opinion of the Director of Public Works will require its use as a trunk outlet, (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the subdivision, the Owner may be required to carry out such works as are necessary to provide an adequate outlet, (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. No connection under subsection 4 shall be undertaken or authorized prior to preliminary .acceptance of the sewer system by the Town, except in an emergency. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal servtces provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowance in the subdivision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 14. ROADS - PAVED (1) The Owner shall construct the road in the plan of subdivision according to the Town's specifications for paved roads in effect at the date hereof. (2) The Town's specifications for boulevard grading and sodding shall apply to the existing road adjacent to the plan of subdivision (i.e. Concession 6 Road). (3) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the subdivision where construction has taken place or that are used by construction traffic entering the subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types. 15. ROADS- SIGNS (1) The Owner shall erect and maintain adequate signs to warn all persons using the road in the subdivision that the maintenance of it has not been assumed by the Town from the time that it is opened until formal assump- tion by the Town. (g) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 16, CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the road to be con- structed pursuant to section 14 according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If an,/ curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the said specifica- tions. 17. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (1) Underground electric distribution shall be provided for all lots and the block in the subdivision according to the standards and specifications of Pickering Hydro-Electric Commission. (2) Cable television services shall be provided for all residential lots in the subdivision according to the standards of Plckering Cable T.V. Limited. (3) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lightlnF, of Trimble% Lane. and for the upgrading of street lighting on Concession 6 Road adjacent to the subdivision. (4) The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. (5) The installation of ali works provided for in this section shall be con- structed under the supervision and inspection of Pickering Hydro-Electric Commission and Picketing Cable T.V. Limited, as the case may he, INSPECTION OF WORK (1) Prior to the registration of the plan, the Owner shall pay to the Town, the sum of $2.45 as an engineering drawing inspection fee. (;~) All works required to be constructed by the Owner, except those re- ferred to in section 17, shall be installed under the Observation of In- spectors employed by the Town and the Owner shall pay the costs In- curred therefor within 30 day~ of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 19. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town Iron any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner in the subdivision and elsewhere. (2) The amount of the Policy shall be $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the policy and to supply proof that the premium of the policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 20. PERFORMANCE & MAINTENAHCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 18 of this Agreement/ (c) guaranteeing the payment of any amount that the Town ma'/ be required to pay under the provisions of the Construction Lien Act, ].983 and (d) guaranteeing ali works, workmanship and materials for a period of ? years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Wot ks. The Owner may, at any time after the first 50%, in value, of works have been constructed, Installed or performed and paid for, apply for a re- duct)on In the security and such application shal] be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for ~hich reduction is being sought has been satisfactorily completed and paid {or, the Manager may reduce the amount of the security to an amount not teas than, (a) sixty per cent (60~) of the Original value where no certificate or declaration of substantial performance has been made; (h) thirty-five per cent (35~) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expiredI and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into courtl and (c) seventeen per cent (17~) of the original value where, (l) a certificate of final completion has been made by the Owner's consulting engineer~ (it) forty-five days (45) days following the making of such certificate have expiredl and (iii) all liens that may be claimed against any hoidback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court~ which seventeen per cent (17%) portion shall secure the guarantee works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. (4) Upon the approval, if any, of a reduction in the amount o{ the security required to be provided in subsectio~ (1), the To~n Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 6 DRAINAGE- SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands in the subdivision to provide for the proper drainage thereof and the drain- age of all adjacent lands which drain through the subdivision. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works. (3) The grading of all lands referred to in subsection (1) shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be necessary to correct such problems. (5) The Owner shall, (a) sod that part of each of Lots ;?-8, both inclusive, within 3 metres of each side of every driveway and parking area and within 4 metres of each building having a ground level area in excess ol 33 square metres, and (b) seed the balance of the front, side and rear yards of each of the residential lots, except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. INGOMPLETED OR FAULTY WORK (1) I[, [n the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time. or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works. make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of ;?0% of the labour and material value, and further, a fee of thirty p~r cent ~0% of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being 7 hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, with- out which the Town would not bays executed this Agreement. 23. DEDICATIONS The Owner shall dedicate Trimble's Lane as public highway upon the registra- tion of the plan of subdivision. 24. TRANSFERS - CONVEYANCES (1) The Owner shall convey Block 10 to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan of subdivision or within the 30 days immediately following the regis- tration. (2} Notwithstanding the provisions of subsection (1), the transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 25. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for conveying to the Town such easements as the Director of Public Works or hie designate shall deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the. registered owner of the lands across which the easement shall lie. 26. STREET NAMING The Owner shall name the street "Trimble's Lane", on the plan to be regis- tered. 27. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavin~ of Driveway Approaches To pave all driveway approaches between the curb and the lot line. (b) Continuation of Existin[~ Services Where the construction of services herein involves a continuation of existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris , (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario tlydro lands, other than in the actual construction of the road in the subdivision without the written ~:onsent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause fi). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used In the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (f) Relocation of Services fi) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Towc~. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof, (h) Temporary' Si{~ns To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Sit[ns To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Enl{ineerin~ Drawinl~s Prior to the final acceptance of the works required hereby, to supply the Town with the original drawings of the works, with amendments, if any, noted thereon. (k) Snow Plowin$ & Sandin~ of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to roads that receive the Town's wioter control service, including alternate means of access where available. (ii) Such soow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. (I) Survey Monuments & Markers Prior to the acceptance of the works required hereby by the Town, to supply a statement by an Ontario Land Surveyor that, after the com- pletion of the works, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings, and all points of change in direction of streets on the registered plan. PART 4 - CONSTRUCTION & OCCUPANCY OF BUILDING · . ;~8. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until storm sewer, sanitary sewage disposal and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (2) No building or part of a building in the subdivision, except the existing dwellings on Lots 1 and 9, shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer', sanitary sewage disposal and water facilities are installed and in operation to adequately serve such but{ding or part thereof; (ii) Electric service is completed and tn operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public V/orks, are required to be completed prior to occupancy have been con- structed on the road and extended to an existing maintained public road. (4) Should any building or part thereof in the subdivision, except the exist- ing dwellings on Lots 1 and 9, be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,750 for each building or part thereof so oc- cupied, as liquidated damages therefor. (5) The Owner shall maintain vehicular access to all occupied buildings in the subdivision until the road is formally assumed by the Town. 29. TIME LIMIT FOR CONSTRUCTION (1) The Owner shall construct or cause to be constructed, in the subdivision after the date hereof, 7 housing units, all of which shall be completed within four years of the date of registration of time plan. (2) In the event that more or less than ? housing units are to be constructed in the subdivision, an amendment to this Agreement shall be required. 10 30. DESIGN PLANNING (1) (a) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit in the subdivision, submit to the Town's Director of Planning, for approval, a report outlln- ing siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (b) This report may be required, at the Director's option, to provide the following information: (t) house massing; (ii) streetscape; (iii) exterior materials and colours; (iv) architectural style; (v) visual variety; (vi) energy conservation measures; and (vii) any other data or information required. (2) (a) The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected in the subdi- vision, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (b) These plans and drawings may be required, at the Director's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (ii) the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) streetscape to show all street furniture and vegetation; · (v) the relationship of buildings by blocks; and (vi) any other data or information required. PART 5 - FINANCIAL MATTERS 31. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $1,750 per unit, for each dwelling unit to be erected hereafter in the subdivision, each payment to be made before the building permit for the unit is sued. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. ll (4) [n any event, the Owner shall pay all levies due under the provisions of this section in full no later than 18 months from the date of registration of the plan. (5) A letter from the Town Clerk advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the letter. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan. deposit with the Town a security payable to the Town, in a form satisfactory to the Town, for the sum of $12,250 as security for: (a) the payments referred to in section 31 hereof; and (b) the payment of liquidated damages referred to in subsection 28(4) hereof. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands in the plan of subdivision, as required by law from time to time, (b) Interest To pay interest at the rate of eighteen per cent (18%) per annum to the Town on all sums of money payable herein which are not paid on the due dates calculated from such due dates.' (c) Re[~istration Fees To pay all registration costs incurred by the Town ~ielatlng in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (d) Lien or Other Claims Upon applying for final acceptance of the works required hereby, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid. except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner ih connection with the works or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and ail costs in connection therewith. 34. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security a further security to take effsct upon the expiry. (2) Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 12 TERMINATION OF LEVY/OCCUPANCY SECURITY (1) The security required to be deposited with the Town pursuant to the provisions of section t2 may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed in the plan has been issued by the Town. (2) Notwithstanding the provisions ot subsection 1, the Owner may. from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection I. as Municipal Occupancy Permits are issued. PART 6 - PARKS & TREES PROVISION OF PARKLAND The Owner shall pay to the Town the sum of $6,002.50 prior to the registration of the plan o[ subdivision in full satisfaction of the Owner's obligation to pro- vide parkland and the Town shall accept such payment in lieu of a conveyance of lands for park purposes. 37. FENCING (1) The Owner shall erect, prior to the occupancy of any dwelling on any of Lots 4, 5, 6, 7, and 8, a permanent fence o[ 9 gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high along the southerly boundary oI Lots 4, 5, and 6 and that part of the easterly boundary of Lots 6, ? and 8 adjacent to lands owned by the Durham Board of Education. (2) The fencing required to be constructed pursuant to subsection (1) shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto, (3) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Block 10. to be constructed in accordance with the Town's specifications therefor and to the satisfac- tion of the Director of Public Works. 38. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building psrmits for any of the units to be erected in the subdivision, submit a detailed landscaping plan for all of the lots in the subdivision to the Town for approval. (2) Such landscaping plan shall include adequate buffering facilities in the west boulevard of Trimble's Lane between Concession 6 Road and a point adjacent to the north-east corner of Lot 1. (3) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. ]9. TREE PLANTING (1) The Owner shall plant on Trimble's Lane 7 trees of a size and type acceptable to the Town. (2) A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees. (3) The trees apprbved by the Town shall be planted by the Owner no more than 6 months after final grading is done in the specified area. (4) If the density is too great to enable ? trees to be planted, the Owner shall pay to the Town $70 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 40. TREE PRESERVATION fl) The Owner shall retain, at its own expense, a qualified expert to prepare a detailed Tree Preservation Program indicating which existing trees in the subdivision shall be preserved and taking into consideration the vegetation report and inventory prepared by Cosburn Giberson Consul- tants Ltd. received by the Town April 4, 1985. (2) The Program shall be submitted to the Director of Planning for review , . and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the subdivision, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved T.ree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Directorl such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, fa) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred lo in section 1 of Schedule A of this Agreement. IN WITNESS WIIEREOF, the persons comprising the Owner have affixed their hands and seals and the companies comprising the Encumhrancer and the Town have hereun- 14 to affixed their Corporat~ Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED g DELIVERED ~'Wt tnes~ JOHN ~n~s~ MAR~ORIE BRYANT Witnezs ' lAIN ALASTAIR MORR~CULLY THE CORPORATION OF THE TOWN OF PICKERING Bruce Taylor, Cler~ REPNITZ IIOLDINGS LIMITED /~a-,< V0~ ~oo~,-~ t~=~.,c~_,-~- ~ ..................... CO.~pA_Ny ,< i5 TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under the Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workmanship and materials for a period of two years from the date that the works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. Z. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on Lots 2-8, inclusive, and Block 10 shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. SPECIAL REPORTS The Owner shall develop the lands in the subdivision, undertaking and guaran- teeing any work necessary, in accordance with the following reports: (a) Site-servicing Study dated September, 1982 prepared by Geo-Environ Limited; (b) Site-servicing Study dated April, 1985 prepared by Geo-Environ Limited; (c) Storm Drainage and Road Design Report dated March aB, 1985, prepared by Hoddenbagh, Horton and Associates Ltd.; (d) Proposed Intersection Report (Street A - Trimble's Lane and Concession 6 Road) dated April 3, 1985 prepared by aarton-Aschman Associates Limit- ed. (e) Simcoe Engineering Report dated April 19, 1985, 4. WALKWAY TREATMENT (1) The Owner shall0 at its expense, construct a walkway on Block 10, from the southerly end of Block 10 to the southerly curb of Trimble's Lane adiacent to Block 10 according to the Town's specifications and to main- tain such walkway until it formally accepted by the Town. (2) Notwithstanding the generality of the above, such walkway shall have a surface of limestone screenings and be fenced on its easterly and westerly sides by a 4 foot cedar post fence, satisfactory to the Director of Parks and Recreation. 5. GREENWOOD DEVELOPMENT PLAN ENGINEERING STUDIES Prior to the registration of the plan, the Owner shall pay to the Town the sum of $465,40 as its contribution to the cost of engineering studies respecting the lands in the plan and the preparation of the Greenwood Development Plan (Council Resolution 18/82). A-1 SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by other agencies; these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way of the other provisions of this Agreement, 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R,C.A.') & MINISTRY OF NATURAL RESOURCES ("M.N.R.") The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A. and M,N.R., the recommendations referred to in the report required by Condition No. 9 of the draft approval of this plan dated July 4, 1985, by the Commissioner of Planning of the Regional Municipality of Durham. 3. MINISTRY OF THE ENVIRONMENT ("M.O.E.") (l) The Owner shall implement the noise control features as recommended in the report as required in Condition 12 of the draft approval of this plan dated July 4, 1985, by the Commissioner of Planning of the Regional Municipality of Durham. (2) The Owner shall insert the following clause in the Sale and Purchase Agreement for each lot: "Despite the noise control features {vithin the development area and/or within the individual dwelling unit, future aircraft noise may occasionally interfere with some activities of the dwelling occupants",