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HomeMy WebLinkAboutBy-law 2749/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2749/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Block 1, Plan 40M-1334, Pickering, (Draft Plan 18T-85011; Bramalea Limited). WHEREAS, as the proposal to subdivide and register a plan of subdivision of Block 1, Plan 40M-1334, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Bramalea Limited, respecting the development of Block 1, Plan 40M-1334, Picketing (Draft Plan 18T-85011). BY-LAW read a first, second and third time and finally passed this 18th day of April, 1988. n- g~n~ersofi F Mayor BrU~ce Taylor, Ci~er~/ THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2749/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Block 1, Plan 40M-1334, Picketing, (Draft Plan 18T-85011; Bramalea Limited). WHEREAS, as the proposal to subdivide and register a plan of subdivision of Block 1, Plan 40M-1334, Picketing, has been approved by the Council of The Corporation of the Town of Picketing and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree- ment, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Brama]ea Limited, respecting the development of Block 1, Plan 40M-1334, Picketing (Draft Plan 18T-85011). BY-LAW read a first, second and third time and finally passed this 18th day of April, 1988. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2749/88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Block 1, Plan 40M-1334, Pickering, (Draft Plan 18T-85011; Bramalea Limited). WHEREAS, as the proposal to subdivide and register a plan of subdivision of Block l, Plan 40M-1334, Pickering, has been approved by the Council of The Corporation of the Town of ?ickering and the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing; 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 Subdivision Agree- ment, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and Bramalea Limited, respecting the development of Block 1, Plan 40M-1334, Pickerlng (Draft Plan 18T-85011). BY-LAW read a first, second and third time and finally passed this 18th day of April, 1988. BrtFce Taylor, C~erk// S~{EDULE A THIS AGREEMENT made this 18th day of April, 1988. BETWEEN: BRAMALEA LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - TltE CORPORATION OF TIlE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide Block 1, Plan 40M-1334, in the Town of Pickering in the Regional Municipality of Durham, and to register a plan of subdivi- sion of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-85011, as revised; NOW THEREFORE, Tills AGREEMENT WlTNESSETH, 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: 1. LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots i to 153, both inclusive, Plan 4OM- , Picketing. 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31, 1988, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 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. INTERPRETATION (1) 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", "gncumbrancer or gncumbrancers" and "his", "her" or "tbem", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. 6. 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. 7. 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. 8. 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. 9. 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 supervise generally the work required to be done for the development of the plan of subdivision. (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. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- sent system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and to provide capacity for lands upstream of the plan of 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 locatious either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of snbdivision, which in the opinion of the Director .:,: of Public Works, will require its use as a trunk outlet. i'.' (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- "; sion, the Owner may be required to carry out such works as are neces- :., sary to provtde 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. (5) No connection under subsection 4, above, shall be undertaken or au- : thorized prior to preliminary agceptance of the sewer system by the : Town, except in an emergency. 11. ROADS - ROUGH GRADE (1) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (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. 12. ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision according to the Town's specifications for paved roads of the Town in effect at the date hereof. (2) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (3) The Owner shah erect and maintain adequ,~te signs to warn M1 persons using the roads in the plan that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, 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 any 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 accordit~F, to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk in accor- dance with the time limits set out in section J of Schedule A: (a) adjacent to Blocks 154 and 157 on the west side of Whites Road; (b) adjacent to Block 156 on th~· zest side of Whites Road; and (c) adjacent to Block 161 on the west side of Whites Road. (2) The Owner shall construct the following segments of sidewalk, in each case within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot adjacent to that segment, despite any longer time limit otherwise applicable pursuant to section 1 of Schedule A: (a) adjacent to Lots 1 to 6 on the north side of Atwood Crescent and the east side oT Gallant Court; (b) adjacent to Lots 21 to 31 on the north and west side of Atwood Crescent; (c) adjacent to Lots 32 to 41 on the west side of Atwood Crescent; (d) adjacent to Lots 120 to 129 on the south side of Layton Court; (e) adjacent to Block 158 and Lots 51 to 59 on the south side of Atwood Crescent; (f) adjacent to Lots 60 to 67 on the south side of Atwood Crescent; (g) adjacent to Lots 68 to 74 and Lot 106 on the north side of Callahan Street; and (h) adjacent to Lots 74 to 85 and Block 159 on the west and north sides of Engel Court, (3) Despite the provisions of subsection (2), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent sidewalk shall be extended to June 30 in the following year. (4) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telep!~one service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picl:cring Ilydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGItTING (1) The Owner shall install street lights on each proposed street in the plan, and shall upgrade street lighting on Whites Road adjacent to the plan including in each case poles and other necessary appurtenances where necessary. (2) Electrical service for street lighting shall be provided underground and not aboveground. (3) Street lighting and its related electrical service shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $5,315 as an engineering drawing inspection fee. (2) All works required to be constructed by thc Owner. except those re- ferred to in sections 15 and 16 shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days 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. 18. LIABILITY INSURANCE (1) Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Po]icy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on Debalf of the Owner in the plan of 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 said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE 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 pnrpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing tbe payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Town. (2) 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 reduction in the security and such application shall be made to the Town ::"i Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction :: is being sought have been satisfactorily completed and paid for, the Town :. Manager may reduce the amount of the security to an amount not less 4. than, :: (a) sixty per cent (60%) of the original value where no certificate or declaration of substantial performance has been made; (b) 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 expired; 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- i'., ment into court; and (c) seventeen per cent (17%) of the original value where, 5 (i) a certificate of final completion has been made lJy the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claitned against any boldback 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 of 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 of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commeoce~nent of the development of the plan of subdivision, with a'Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- meet, and shall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (4) The grading of all lands shall be carried out by the Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. :'ii (5) If, in the opinion of the Director of Public Works, drainage problems ~ occur prior to formal acceptance of the works in the plan of subdivision '~ 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 neces- sary to correct such problems. .: (6) Despite any time limit otherwise applicahle pursuant to section I of ':' Schedule A, the Owner shall sod the front, side and rear yards of each !;i. of the residential lots and blocks except for paved, planted or treed ? areas, within the six months immediately following the occupancy of the :' dwelling unit erected thereon, unless such occupancy occurs in November or December of any year, in which case the time limit for such sodding ' shall be extended to June 30 in the following year. 21. INCOMPLETED OR FAULTY WORK (1) If, in 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 ti~at it may be completed : witt~in 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 6 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 shalI 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 said 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. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) 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 hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town wc>uld not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Atwood Crescent, Callahan Street, Engel Court, Gallant Court and Layton Court as public highways upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of, (a) Block 155 (Granite Court reserve); (b) Blocks 158 and 159 (walkways). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the exlstence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his 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. 7 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and tile lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to existing services, to loin 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, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from ~uclx authority of the Owner's comi)~iance with the terms of sub- clause (i). (iii) That there shall be no burning of re£use 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, baying occupied residential units fronting thereon. (e) Qualitative or Quantitative ~I'ests Tile Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used irt the construction of any services required by this Agreement, aud 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 (i) 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 Town. (ii) Similarly to pay the cost )f moving any services or utilities installed under this Agree~ ':~t in driveways or so close thereto, iu 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 Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of suct~ nature and at such locations as may be designa- ted by the Director of Public Works. fi) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, per~nanent signs of such nature and at such locations as may be designer- ted by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Towu with the original drawings of tile engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. (k) Snow Plowing & Sanding of Roads fi) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable fox' winter control, to snow plow and sand such roads frotn such occupied buildings to exist- lng Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available. (ii) Such snow 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 fox' winter control. (1) Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found or re-established 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. 26, CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in i~ the opinion of the Director of Public Works, capable of providing adequate service. (7') No building or part of a building ill the subdivision shall be occupiud except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of :i: a building shall be made except upon tile following conditions: '.. fi) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; , (ii) Electric service is completed and in 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 maiu- rained public road; and ;:: (iv) Such curbs, as in the opinion of the Director of Public Works, 'i: are required to be completed prior to occupancy have been con- :' structed on the said road and extend to an existing maintained ' public road. (4) The Owner shall maintain vehicular access to all occupied buildings in tile : plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 153 dwelling units art.' to be constructed ia the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (a) house massing; (b) streetscape; (c) exterior materials and colours (d) architectural style; (e) visual variety; (f) energy conservation measures and (g) any other data or information requi,ed. (3) The Owner shall, prior to the issuaoce of any building permit for the construction of a residential unit to be erected on thc lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) the location of all buildings and structures to he erected and the location of all facilities and works associated therewith; (b) the location of landscaping features, including trees to be pre- served; (c) streetscape for front and rear elevation at a scale acceptable to the Director; (d) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) any other data or information required. (5) Despite the generality of subsections (1), (2), (3) and (4), above, the report referred to in subsection (1) and the plans and drawings referred to in subsection (3) shall include details of driveway design (iucluding location) and garage sizes for all residential lots and blocks in the plan. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to tile Town a unit levy in the amount of $2,500 pet' unit if paid before August 1, 1988, or $2,750 per unit if paid oil or after August 1, 1988, for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. (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. (4) in 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 Clerk of the Town advising that the unit levy has beeu paid shall be deemed to be a release of this section for the lands rtl'erred to in the said letter. 10 30. FINANCIAl, SECURITY The Owner shall, immediately prior to the regist~'ation of the pht,~, deposit with the Town, a security payable to the Town, iu a form satisfactory to th~- Towl~, for the sum of $420,750 as security for the paymeuts referred to in section .!9 hereof. 31. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with tbe Town: (a) Taxes To pay the taxes in full on all the lands inclucled in the plan of subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen pe~ cent (18%) pet' annum to the Town on all sums of money payable herein :hich are not paid on the due dates calculated from such due dates. (d) ,Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the La~d Titles Off'ice. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accouuts 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 in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Tow~x against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 32. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- merit 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 effect 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 ca.sh in lieu of and for the same purposes as any further security. 33. PROVISION OF PARKLAND 1. The Owner sball convey to the Town, free and clear of all encumbrances (except a sanitary sewer easement over Part 2, Plan 41)R-8853) and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of Block 160 to satisfy the Owner's obligation to provide parkland for this plan. 11 2. Since the park-usable portion of Block [60 exceeds the Town's requirements for park dedication for this plan by 1.2(~27 hectares, thc Owner shall have, upon the cotnpletion of the conveyance of that Block in accordance with subsection (1), a [>ark dedication credit in that amount, which credit may be used by the Owner ~n satisfaction of Town requirements for park dedication in other plans. (3) No part of the park-usable portion of Block 1(20 (i.e. auy part of Parts 2 and 4, Plan 40R-8853) , shall be used by the Owner for storm water management purposes without an amendment to this agreement to provide for such use and for the joint development of Block 160 for park purposes. 34. FENCING AND WALKWAYS (1) Prior to the commencement of development of the plan, the Owner shall erect a temporary fence along the north and east boundaries of Block 160 and the south boundary of Callahan Street and shall maintain that fence in place until the feuce required under susection (2) is erected. (2) Despite any ii,ne limit otherwise applicable pursuant to section 1 of Sched- ule A, within the six months immediately following the occupancy of the first dwelling unit to be occupied on any of Lots 47 to Si, 68 and 82 to 87, the Owner shall erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gan;4e mesh, along the common boundary of each of those lots and Block (3) Despite any time limit otherwise applicable pursuant to section 1 of Sched- ule A, within the six months immediately following the occupancy of the first dwelling unit to be occupied on, (a) Lot SO or Si, and (b) Lot 85 or 86, the Owner shall erect a chain link fence, to the same specifications as that described in subsection (2), along, (c) the east lot line of Lot 50 and the west lot line of Lot 5l, and (d) the am'th lot line of Lot 85 and the south lot line of Lot 86, respectively, and shall construct a concrete walkway, including vehicle barriers, to the 2'own~s specifications therefor, along the eutire length of, (e) Block 158, and (f) Block 159, respectively, such walkway in each case extending to the street sidewalk to be constructed adjacent to the Block. (4) Despite the provisions of subsections (2) and (3), where the occupancy of the first dwelling unit occurs in November or December of auy year, the time limit for the erection of the fence, walkway, or both, shall be extended to June 30th in the following year. (5) In accordance with the time limit set out in section 1 of Schedule A, the Owner shall erect a permanent privacy fence 1.8 metres high, (a) along the rear lot lines of Lots t0 to 13 adjacent to Granite Court; (b) along the rear lot lines of Lots 14 to 20, 25 to 40 and 44 to 47 adjacent to Bayly Street; 12 .Mng tile west boundary of Block 154 from its north end to a ,,fi',~t opposite the south-east corner of the dwelling to be erected ,!i [,ot 1; (d) :flong the west boundary of Block 156 from a point opposite the n()rtb-east corner of the dwelling to be erected on Lot [53 to a point {)pposite the south-east corner of the dwelling to be erected on Lot ~07; and (o) along the west boundary of Block 161 from a point opposite the ~ol'tl~-east corner of the dwelling to he erected on Lot 67 to the south end of the Block. (6) The permanent fencing required to be constructed pursuant s~xbscciions (2), (3) and (5} shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set ~,,~t in Part ii of the To~vn's By-Law 425/76, as amended from time to time. or any successor thereto. i' R l']l£ P1,AN FiNG (1) The Owner shall plant on road allowances within or adjacent to the plan, [53 trees of a size and type acceptable to the Town. (2) A schedule o~ the Owner's tree planting scheme shall be al>proved by the Director of Planning prior to the planting o~ ;my trees. (3) The trees approved by the Town shall he pl:mted by the Owner when the 10oulevard into which they are to be planted is sodded. (4) If the density is too great to enable 153 trees to he planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community io which the plan is located. (1) ±'h, r~r shall retain, at its own expense, a qualified expert to prepare ;t !'reservation Program indicating which existing trees shall be pr, ,~. (2} Thc Progr;m~ shall be submitted to the Director of Planning for review ind appt'oval, 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 Policy in effect at the ctate hereof. (,t) Until such time as the Program is approved, the Owner shall not cmn- mence, nor allow to be commenced, =ny aspect of the development of the lands in the plan, including the ten' ~'aI of any trees. (5) In the event that any tree required to be preserved by the approved Tree 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 Director; such replacement shall be at no cost to the Town. (6) The OwneWs liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a res- identiaI building lot, twelve months after the completion of the sodding on the lot, or 13 iN ~ViTNI~SS WIlERL'OF, the Parties hereto attested to by the hands o£ their authorized SIGNED, (I) in this section, trprcservicing" tr~ean~; tht. ~::Td<t'tal.ti~h,,, pvio~' registration of this plan of subdivisio~t, ot ar,y w~rl:~ op sca-vices to be undertaken by the provisions c~f t}ds ,.l:,rc(.ment, o:1 the l.::~;.b meaning, (2) The Owner may IM'eservice this pt'o]uct .nly with the prior writt,m provM of the To~w~ which may he issued ~7 thc '['c~wn'~ L~gal Dei)artment only after the Owner has, (a) executed this Agreement; (c) sui)I)lied a satifsfactory li~d~ilit5, i~szuv:t:tco policy pur:iuant section 18; (d) provided a Grading Cotxtrol Plan i)u~'suar~t to section 20 which has been approw~d by the anthoritie~; r~:fer~',pd !o in subsection (3) of that section; (e) obtai~md thc necessary permission: ~r:njFud by section ~.i where (f) submitted a Tree Preservation Pr~dv&m pursuatlt to soctio~t 36 which has been approved by thc at~th{;ril,/ referred to in sub section (2) of that seclion; and (g) submitted complete enginec~'ing ch'awi):q4 for the project which drawings have been approved [3y ;dl re!~..:;mt authorities. (3) Despite the proviMons of subsection (2), pre~4,.-ticinS~ limited (a) makir~g soil qnality and compaction tests, surveyi~g the l~oundaries of the l.at~ds and of propost, d (c) marking existing and proposed grach: e'.,:vations, (d) tests and e:~ami~ations of the l,ands nec~zssary for the of required pre-development studies, (e) colnpliance with an approved Tree l>t'cse~'v:dion Program; (f) lawful erection ot permitted signs, (g) any coml0ination thereof, shall not require thc prior written approval ,,f t}ue Town. (4) The Owner shall complete all works, ::ervic*:s and requiremcmts under this (a) within one year of the date of vcgi~tvatitm of the plan of subdi,.'i. sion if preservicing (except pve-~;ervicing limited to that described in subsection (3), or site grading, soil movem,mt and (b) within two years of that date if ~o preser~ icing pre-servicing limited to that described in subsection (3), grading, soil movement and stora~,,e, or I)oth) has oCCtll'rt:(l.' SCItEDU I.E A (5) The Owner shall guarantee all works, workmansllip and ma£erials c~q,loyetl or used in the construction, installation or completion of all wo~':c:5, :,er- vices and requirements under this Agreement for a period of two ye.rs from the date that the works, services and requirements are api)rovt:d i~t writing by the Town. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of st~bdivi~;ion shall be demolished by the Owner, at its sole expense, prior to tile isstta~ce of any building permit. SCIIEDULE B 1. SPECIAl, PROVISIONS REQUIRED BY TIlE COMMISSIONER OF PI,AI41~'fNG {)F TilE REGIONAL MUNICIPALITY OF DURHAM The sections set out in tills Scimdule represent provisions not al[cc/lug thc Town but required to be inserted in ta%5 Agreement hy the conditions oi dralt approval, dated April 7, 1987, of Draft Plan 18T-85011 (Revised) by the Cmn- missioner of Planning of the Regional Municipality of Durham (the "Commission,- er") and the~e sections are not intended to bind the Owner to tho Tows nor the Town to the Ownar in any manner whatsoever and are not to be coustrued as relating in any way to any of the other provisions of this Agreemcut. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTIqORITY ("M.T,R.C.A.') The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommeudations referred to in the report required iu Con- ditton 12 of ti~e approval dated April 7, 1987, of ttxis plan by the Commissioner. 3. MINISTRY OF TIlE ENVIRONMENT (1) The Owner shall implenmnt those noise ct~:ltrol measures recommended irt the acoustic report required in Condition 13 of the approval dated April 7, 1987, of this plan by the Commissioner. (2) 'ri~e Owner shall include the following clause in the sale and purchase agreement of those lots where there is a slight noise level exces~ dr:spite the implementatiou of the noise control features [sic]: "Purcitasers are advised that despite the mclusion of hoist: con{roi fea- tures within the development area and within the individual building units, noise levels may continue to be of concern occasiomdly interfering with some activities o~ the dwelling occupants.' 4, CANADIAN NATIONAL RAILWAYS ("RAILWAY") (1) The Owner shall insert a clause in ail offers to purchase, agrct:mcnts sale and purchase or lease and in the title deed or lease of each dwtdliag, warning prospective purchasers or tenants of the existuuce .t the Railway's operated right-of-way; the possibility of alterations expansion of its rail facilities thereon in the future, iucludil~g the possibility that the Railway may expand its operation, which cxpausiol~ may affect the liviug environment of the residents notwithstandiug the inclusion of noise and vibration attenuating measures in the d~:sign of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's usc of its facilities and/or operations. (2) All residential buildings within 75 metres from the railway right-of-way shall be supported by rubber pads between the foundation and thc occupied structure. Maximum vertical natural frequency of the structure on the pads to be 12 llz. (3) The Owner shall not alter the existing drainage pattern affecting Railway property unless prior concurrence has been obtained from the R,dlway and a drainage report to the satisfaction of the Railway has beeu prepared. B-l