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HomeMy WebLinkAboutBy-law 3688/91THE CORPORATkQN OF THE TOWN OF PICKERING BY-LAW NO. 3688/91 Being a by-law to authorize the execution of a Subdivision Agreement, to authorize the acquisition of certain lands attd to authorize the execution of related documentation, all respecting the deveh)pmeut of Part Lot 27, Concession 2, Pickering (Cougs Investments Ltd.; 18T-89052(R)). WHEREAS the proposal to subdivide and register a plan of subdivision of part of Lot 27, Concession 2, Picketing, has been recommended for approval by the Council of The Corporation of the Town of Picketing and approved by the Comanissioner of Plamfing of the Regional Municipality of Durhmn as Draft Plan 18T-89052(R), subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement with The Corporation of the Town of Picketing, pursuant to the provisions of the Planning Act 1983, S.O. 1983, chapter 1, section 50(6); and WHEREAS, pursuant to the provisions of the Municipal Act, R.S.O. 1990, chapter 302, section 193(1), the Council of The Corporation of the Town of Pickering may pass by-laws for acquiring any kind or interest therein for the purposes of the corporation; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Subdivision Agreement, in the form attached hereto as Schedule A, between Cougs Investments Ltd. and The Corporation of the Town of Picketing, respecting the development of part of Lot 27, Concession 2, Picketing (Draft Plan 18T-89052(R)). The Corporation of the Town of Picketing shall acquire those lands described in sectiou 22 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditinns and for the purposes set out therein. 3. (l) The Corporation of the Town of Pickering shall acquire interests in the nature of easements over those lands described in section 23 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions set out thereiu, for storm drainage purposes. (2) The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the fom~ attached hereto as Schedule B, effecting the acquisitiou by The Corporation of the Town of Pickering of the interests referred to in subsection (1). BY-LAW read a first, second and third time and finally passed this 2nd day of April, 1991. Brace Taylor, Clerk THIS SUBDIVISION AOREEMENT made April 2, 1991. BETWEEN: COUGS LNVESTMEI',Yrs LTD. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWbl OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Lot 27, Concession 2, in the Town of Picketing, in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-89052(R) and is required, as a condition of approval thereof to enter into a subdivision agreement with the Town pursuant to the Planning Act 1983, S.O. 1983, chapter I, section 50(6); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town consenting to the registration of the proposed plan of subdivision and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are Lots I to 15, both inclusive, and Blocks 16 to 20, both inclusive, Plan ,$0M- , Picketing. CANCELLATION OF AGRJ~EMENT In the event the plan of subdivision is not registered on or before December 31, 1991, 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. (1) Any notice requixed to be given hereunder may be given by personal delivery or registered mail, (a) in the case of the Owner, to The President Cougs Investments Ltd. 27 Buggey Lane R. R. #1 Picketing, Ontario LIV 2P8 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Picketing Pickering Civic Complex One The Esplanade Picketing, Ontario LIV 6K7 (2) (3) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. Any notice given in accordance with this section shall be deemed to have been given on the first business day following the day of delivery or the day of mailing, as the case may be. (1) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" or "his", "her" or "them", 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 shall be of the essence of this Agreement. This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 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. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike manner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town and shall complete, perform or make payment for such other matters as may be provided for herein. 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 cominue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. (3) This provision shall not be construed so as to prevent the Owner from changing from one Consulting Engineer to another at any time or times during the development and construction of the project, so long as the Owner has a Consulting Engineer retained at all times. (1) The Owner shall construct a complete storm water drainage and management system, including storm connections to the street line and catch basin leads, to service all the Lands and to provide capacity for lands upstream thereof, 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 sufficient size and depth and at locations either within or outside the Lands to service the Lands and the lands outside thereof which, in the opinion of the Dixector of Public Works, will require its use as a trunk outlet. 2 (3) (4) (5) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the Lands, the Owner may be required to carry out such works as are necessary to provide an adequate outlet. 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, above, shall be undertaken or authorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. 12. (l) The Owner shall maintain and repair roads adjacent to the Lands, including Darwin Drive and Regal Crescent, where construction has taken place or that are used by construction traffic entering the Lands and keep such roads clear of mud, dust, refuse, rubbish or other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using Darwin Drive and Regal Crescent that construction is taking place; such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. (1) The Owner shall maintain and repair curbs and gutters on Darwin Drive and Regal Crescent according to the specifications of the Town in effect at the date hereof. (2) If any curb depressions are not located correctly with respect to a driveway, the Owner shall construct a curb depression in the correct location and fLII in the origh~al curb depression according to the specifications. 14. (1) The Owner shall construct the following segments of sidewalk, in each case within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot or block adjacent to that segment, despite the provisions of section I of Schedule A: (a) adjacent to Lot I and Block 20 in this plan and Block 49 and Lots I to 8 in Plan 40M-1628 on the west side of Darwin Drive and the south side of Regal Crescent; (b) adjacent to Lots 2 to 15 on the north and east sides of Darwin Drive; and (c) adjacent to Blocks 16 to 19 in this plan and Lots 17 and 18 in Plan 40M-1628 on the west and south sides of Darwin Drive. (2) Despite the provisions of subsection (1), 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 segment shall be extended to June 30 in the following year. (3) The Owner shall maintain each sidewalk segment until it is formally accepted by the 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the Lands, it shall be provided underground and in accordance with the standards and specifications of Pickering Hydro-Electric Commission, Picketing Cable T.V. Limited or Bell Canada, as the case may be. (1) The Owner shall maintain and repair street lights, including poles and other necessary appurtenances, on Darwin Drive and Regal Crescent. (2) Street lighting and its related electrical service shall be maintained in accordance with standards established by the Town and in conformity with the Association of Municipal Electrical Utilities Guide to Municipal Standard Construction. (3) The maintenance and repair of street lighting and its related services shall be under the supervision and inspection of Pickering Hydro-Electric Commission. 17. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $700 as an engineering drawing inspection fee. (2) All works required to be constructed, maintained or repaired by the Owner, except those referred to in sections 15 and 16, shall be constructed, maintained or repaired 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 administration fees. 18. LIABILITY I~N'S URA~CE Before commencing any of the work provided for herein, the Owner shall supply the Town with a Certificate of Insurance verifying that a Liability Insurance Policy is in place in a 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 behalf 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 GUARANT_EE (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 performance of the works; (b) guaranteeing the payment of any amounts payable to the Town under 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 Director of Public Works. 4 (2> (3) (4) The Owner may, at any time slier 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 Treasurer. 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 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 payment into court; and (c) seventeen per cent (t7%) of the original value where, (i) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate 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 payment 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 retumed to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection l, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. ENVIRONMENTAL ASSESSMENT, STORMWATER CONTROL. DRAINAGE & SODDING (l) Development of the Lands shall be subject to the recommendations contained in the Environmental Assessment Report dated December 1989 and prepared by Paul Cosbum Associates Ltd. as Project 89-964. (2) Prior to the registration of the plan, the Owner shall submit to the Town a detailed report describing and explaining specific stormwater control methods and detailed grading methods necessary to ensure the implementation of the recommendations referred to in subsection (1). (3) 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 Lands, 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 Lands. 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 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 suitable swales and catch basins to manage adequately, in the opinion of the Town's Director of Community Services and Facilities, that surface run-off water. (5) (6) (7) (8) The Grading Control Plan shall be reviewed in consultation with the Environmental Assessment Report referred to in subsection (1) and is subject to the approval of the Town's Directors of Public Works and Community Services and Facilities and the Metropolitan Toronto and Region Conservation Authority. 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. 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. Despite any time limit otherwise applicable pursuant to section I of Schedule A, the Owner shall sod the front, side and rear yards of each of the residential lots and blocks except for paved, planted or treed areas, within the six months immediately following the occupancy of the first 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. I,,N(2OMPLETED 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 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 notification 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) Such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and further, 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 would not have executed this Agreement. 22. TRANSFERS - CONVEYANCES (1) The Owner shall convey, or cause to be conveyed, 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) (b) (c) that part of Lot 27, Concession 2, Picketing, designated as Part 1, Plan 40R- (parkland); 'Block 21 (open space); and Blocks 24 and 25 (Darwin Drive/Finch Avenue comer roundings). (2) Notwithstanding the provisions of subsection (I), above, the transfer required therein shall not be deemed to be subject to an encu,nbrance ff that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 6 23. TRANSFERS - EASEMENTS 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 water drainage and management facilities both within the boundaries of the Lands and across lands adjacent thereto but outside those boundaries. 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. 24. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Exist'mg Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustmem of grades where necessaxy, 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 pemalt 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 such authority of the Owner's compliance with the terms of sub-clause (i). (iii) That there shall be no buming of refuse or debris upon its lands or any public lands. (d) Qualitative or Quantitativ~ 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. (e) 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 of moving any services or utilhies 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. (f) 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. (g) 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 designated by the Director of Public Works. 7 (i) (J) (k) 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 designated by the Director of Public Works. Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivision, with amendments, if any, noted thereon. $11ow Plowing & Salting of Roads If, in the opinion of the Director of Public Works, the condition of the road surface of Darwin Drive or Regal Crescent or both is not acceptable for winter control, to snow plow and salt such road or roads from any occupied buildings to existing public roads that receive winter control service. (ii) Such snow plowing and salting shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the road is acceptable to the Director of Public Works for winter control. $~x~vey Monuments & Marker~ 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 comers, the ends of all curves, other than comer roundings and all points of change in direction of streets on the registered plan. 25. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building on the Lands until, (a) sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service; and lb) an asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing maintained road. (2) No building or part of a building on the Lands 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: (a) storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (b) electric service is completed and in operation; and (c) such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been constructed on the road immediately in front of the building or part thereof and extended to an existing maintained public road. (4) The Owner shall maintain vehicular access to all occupied buildings on the Lands until Darwin Drive and Regal Crescem are formally assumed by the Town. 26. (l) 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 architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) (3) (4) The report referred to in subsection (1) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (e) (f) (g) (h) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; for Lots 2 to 5 and 11 to 15, building envelopes, house designs and house sitings, with special emphasis on tree preservation and lot grading; and any other data or information reasonably requh'ed. The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to be erected on the Lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (b) (c) (d) (e) (f) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; the location of landscaping features, including trees to be preserved; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information reasonably required. 27. FINANCIAL PAYMENTS (1) On or before the date of issue of the building permit for each dwelling unit to be erected on the Lands, the Owner shall pay to the Town a unit levy or development charge for that dwelling unit. (2) The amount of the unit levy or development charge payable under subsection (1), above, for each dwelling unit shall he, (a) $3,250, if the Town has not, before the date of payment, enacted a Development Charge By-law pursuant to section 3(1) of the Development Charges Act 1989, S.O. 1989, chapter 58, or (b) the applicable amount of such development charge according to the Town's Development Charge By-law, if, before the date of payment, the Town has enacted such a by-law. 28. 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 $65,000 as security for the payments referred to in section 27 hereof. 29. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on the Lands 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) ~ 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 documentation, including transfers, in the Land Titles Office. 9 (d) Upon applying for final acceptance of the subdivision, 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 in connection with the subdivision, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 30. EXPIRY OF SECURITIES (l) Should any security required to be given under the terms of this Agreement 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 cash in lieu of and for the same pu~oses as any further security. 31. pROVISION OF Pp. RKLAND (1) Upon the registration of the transfer to the Town of that part of Lot 27, Concession 2, Picketing, designated as Part 1, Plan 40R- , required by section 22(1)(a), the Owner shall have fury satisfied its obligation to provide parkland for the development of Lots 1 to 15 and Blocks 16 to 20 in this plan and Blocks 49 to 53, Plan 40M-1628. (2) As the area of that part of Lot 27, Concession 2, Picketing, designated as Part 1, Plan 40R- , exceeds the area of parkland required for the development of Lots I to 15 and Blocks 16 to 20 in this plan and Blocks 49 to 53, Plan 4t0M-1628, by 0.3058725 hectares, upon the registration of the transfer thereof to the Town, the Owner shall have a parkland credit of 0.3058725 hectares which may be applied to the Town's future parkland requirements for the development of other lands in Lot 27, Concession 2, Picker'mg. 32. (1) The Owner shall plant on Darwin Drive and Regal Crescent adjacent to the Lands, twenty 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 approved by the Town shall be planted by the Owner when the boulevard into which they are to be planted is sodded. (4) If the density is too great to enable twenty trees to be planted, the Owner shall pay to the Town $175 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 33. TREE PRESERVATION (1) The Owner shall retain, at its own expense, a qualified expert to prepare, (a) tree inventory information respecting the trees situated immediately east of Lots 11 to 15, and (b) a Tree Preservation Program indicating which existing trees on the Lands shall be preserved. (2) The Program shall be submitted to the Director of Planning for review and approval by the Director of Community Services and Facilities and once approved, shall be implemented as approved only. 10 (5) (6) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Policy in effect at the date hereof. Until such time as the Program is approved, the Owner shall not commence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any tree. 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 Community Services and Facilities, 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 species detemained by the Director: such replacement shall be at no cost to the Town. The Owner's liability under subsection (5) shall continue until, (a) where the lands upon which the tree is located comprise a residential building lot or block, twelve months after the completion of the sodding on the lot or block, 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 to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED & DELIVERED COUGS INVESTMENTS LTD. Jeremiah F. Coughlan, President THE CORPORATION OF THE TOWN OF PICKERINO Wayne Arthurs, Mayor Brace Taylor, Clerk ENCUMBRANCER -THE TORONTO-DOMINION BANK This Agreement shall have priority over and take precedence over all of the rights or interests of The Toronto-Dominion Bank 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. Dated at , this day of ,1991. SIGNED, SEALED & DELIVERED THE TORONTO-DOMINION BANK 11 SCHEDULE A TIME LLM1T FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this plan of subdivision, of any works or services required to be undertaken by the provisions of this Agreement, on the Lands or on any lands adjacent thereto, and "preservice" has a corresponding meaning. (2) The Owner may undertake preservicing limited to earthworks (including preliminary grading, soil movement and storage) only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(5); and (d) submitted a Tree Preservation Program pursuant to section 33 which has been approved by the authority referred to in section 33(2). (3) The Owner may preservice this project only with the prior written approval of the Town which may be issued by the Town's Legal Services Department only after the Owner has, (a) executed this Agreement; (b) supplied a satisfactory liability insurance policy pursuant to section 18; (c) supplied a satisfactory performance and maintenance security pursuant to section 19; (d) provided a Grading Control Plan submission pursuant to section 20 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 20(5); and (e) submitted a Tree Preservation Program pursuant to section 33 which has been approved by the authority referred to in subsection 33(2). Despite the provisions of subsections (2) and (3), preservicing limited to, (a) making soil quality and compaction tests, (b) surveying the boundaries of the Lands and of proposed lots, blocks and roads thereof, (c) marking existing and proposed grade elevations, (d) tests and examinations of the Lands necessary for the preparation of required pre-development studies, (e) compliance with an approved Tree Preservation Program, (f) lawful erection of permitted signs, or (g) any combination thereof, shall not require the prior written approval of the Town. (5) The Owner shall complete all works, services and requirements under this Agxeement, (a) within one year of the date of registration of the plan of subdivision if preservicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred with or without the Town's approval, or 12 (6) (b) within two years of that date if no preservicing (except preservicing limited to that described in subsections (2) or (4), or both) has occurred. The Owner shall guarantee all works, workmanship and materials employed or used in the construction, installation or completion of all works, services and requirements under this Agreement for a period of two years from the date that the works, services and requirements are approved in writing by the Town. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the Lands shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. CO-ORDINATED DEVELOPMENT - BLOCKS 16 to 20 (1) The blocks described in Column I of the following Table shall be developed by the Owner only in conjunction with the lands described in Column I1 thereof, to provide the number of units set out in Column IH thereof: TABLE Item Column I Column II ~ 1. Block 16 Block 50, Plan 40M-1628, Pickering I 2. Block 17 Block 5 i, Plan 40M-1628, Picketing 1 3. Block 18 Block 52, Plan 40M-1628, Picketing 1 4. Block 19 Block 53, Plan 40M-1628, Picketing 1 5. Block 20 Block 49, Plan 40M-1628, Picketing 1 (2) The development of the lands described in the Table in subsection (1) shall be governed by the provisions of this Agreement. DWELLING UNIT COUNT (1) In the evem that more than twenty units (one each on Lots 1 to 15 and one each on the five lots formed by the consolidation of the blocks referred to in Items I to 5 of the Table in section 3 of this Schedule) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the evem that less than twemy units (as described in subsection 1) are to be constructed in this plan pursuant to this Agreement, (a) the amounts payable to the Town pursuant to sections 17(I ) and 31, and (b) the amount of the security to be provided to the Town pursuant to section 28, shall be pro-rated accordingly by the Town without an amendment to this Agreement. FENCING (1) The Owner shall erect each of the following segments of fencing within the six months immediately following the occupancy of the first dwelling unit to be occupied on any lot in this plan adjacent to that segment, despite the provisions of section I of Schedule A: (a) along the north boundary of Lots 2, 3 and 4; and (b) along the east boundary of Lots 11 to 15. (2) Despite the provisions of subsection (1), where the occupancy of the first dwelling unit occurs in November or December of any year, the time limit for construction of the adjacent fencing segment shall be extended to June 30 in the following year. (3) The fencing segment required to be erected pursuant to subsection (l)(a) shall be galvanized steel chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh. (4) The fencing segment required to be erected pursuant to subsection (l)(b) shall be 1.8 metres high wood privacy fencing. 13 (5) The fencing required to be erected by the Owner pursuant to this section shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part H of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. COST OF ADJACENT SERVICES Prior to the registration of the plan, the Owner shall pay to the Town the sum of $1,866 in satisfaction of the Owner's obligation to install or provide sidewalks and street light upgrading in or on Finch Avenue adjacent to the easterly 24.4 metres of the Lands. 14 SPECIAL PROVISIONS REOUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM The section set out in this Schedule represems a provision not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval dated August 8, 1990, of Draft Plan 18T-89052(R) (herein called the "Approval") by the Commissioner of Planning of the Regional Municipality of Durham. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.'~I M.T.R.C.A. requires that the Owner shall, (a) carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required in Condition 13 of the Approval; (b) not place fill or grade or construct any buildings or structures or interfere with the channel of the watercourse within Block 21 without the prior written approval of M.T.R.C.A.; (c) prior to the initiation of any filling or grading or construction, erect a temporary snow [fence] with filter cloth backing along the rear boundary of Lots 2, 3 and 4, [such] barrier [to] remain in place until all grading and construction on the site are complete; and (d) install a permanent boundary fence along the rear lot lines of Lots 2, 3 and 4 to the satisfaction of M.T.R.C.A.. 15 New Property Identifiers See Esecullorm Additional: See Schedule [] ~B of Transfer/Deed of Land Fonfl 1 -- L~d R~iMmOofl Rdom~ Act, 1~4 L.nd TmN [] T(2) / A (1) Regbtry [] Page I of pages (3) pro~edy . Block Proper~y I~l~(II A~ditional: s. Schedule (4) Conslde~at Ion Ooliare $ ($) Deacdpfton This is a: Property Property Division [] Consolidation [] ({I) Thie (a) Redescription (b} Schedule for: r (7) Inlerlll/Estata Transferred I~lo~ment N~ Ea~nt : A~iti~sl I F~ Simp~ Con. In, Pla~Sketch ~ ~ ~ri~ion ~ Pa.i~ ~ Ot~r ~ ~ ~(~) Tmn~ro~l) The transferor hereby tra~fers the land to the transfer~ and ce~ifi~ that the transferor is at I~st eight~n y~m old a~ t~t Oate of Signature Name{s) Signature{s) ~ ,, Name(s) Signature(s) Y M D (10) Trans/~'o~(s) Address fo~ Sewlce ~(11) Transferee(s) Date of Bir~h Y M ...~. ~.p~ ............................ ~a~ .~S,..~ ................. ~ .. ~... .............................................. ................... :'" (12) Tranlfe~s) Addrese forSe,"vloe Picketing Civic Centre, One The Esplanade, Pickering, Ontario L1V 6K7 (13) Tmnllero~[s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the ~ Planning Act, 1983. Date of Signature Date of Signature Y : M D : Y , M , D SO#CIter fOr Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor ~ I to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge ~1 and belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature O_~Nameand ! Y M ; 0 01 Solicitor' ~gna[ure ......................................... ~ ~ -~ I (14) Solicitor fOr Tmnlfll~l{i) I have investigated the title to this land and to abutling land where relevant and I am satisfied that the title records '( I~;~.r reveal no contravention as set out in subctause 49 (21 a) (c) (ii) of the Planning Act, 1983 and that to the best of my knowledge and belief this ~/~ I transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) andl am an Ontario ~/..~ II solicitor in good standing 3. I~_~= I Name and Date of Signature 1,< ~ ~J Address of Y . M (15) AeseesfT~I Roll Number of Propedy (10) Municipal Addrese of Property Cry, Muni, Map i Sub. Par (17) Document Prepare~ by:, C.M. Timothy Sheffield Town Solicitor Town of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Fee~ and Tax Registration Fee and Transfer Tax Schedule From $ -- Land Re~letmtlon R~mm Ac'L INTEREST/ESTATE TRANSFERRED LAND The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed, reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. The Transferor hereby releases the Transferee from any claim which may arise out of the exercise by the Transferee of the right and easement granted here- by, or which may arise out of the existence or operation of the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. This Transfer shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. BENEFITED (DOMINANT TENEMENT) The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works.