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HomeMy WebLinkAboutBy-law 3700/91THE CORPORATION OF_~TOWN OF PICKERIN~ BY-LAW NO. 3700/9 Being a bydaw to authorize the execution of a Subdivision Agreement, to attthorize the acquisition of certain latuts and to authorize the execution of related documentation, all respecting the development of part of the Road Allowance between Lots 20 and 21, Concession 2; Block 74, Plan 40M-1512; and Part Lot 20, Concession 2, Pickering (Cougs Investments (Pickering) Ltdd 18T-88077). WHEREAS the proposal to subdivide and register a plan of subdivision of part of the Road Allowance between Lots 20 and 21, Concession 2; Block 74, Plan 40M-1512; and Part Lot 20, Concession 2, Picketing, has been recommended for approval by the Council of The Corporation of the Town of Picketing and approved by the Commissioner of Planning of the Regional Municipality of Durham as Draft Plan 18T-88077, 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 Picketing may pass by-laws for acquiring any land or interest therein for the purposes of the corporation; NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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 (Picketing) Ltd. and The Corporation of the Town of Pickering, respecting the development of part of the Road Allowance between Lots 20 and 21, Concession 2; Block 74, Plan 40M-1512; and Part Lot 20, Concession 2, Picketing, (Draft Plan 18T-88077). The Corporation of the Town of Pickering shall acquire those lands described in section 22 of the Subdivision Agreement attached hereto as Schedule A, subject to the terms and conditions and for the purposes set out therein. 3. (1) (2) The Corporation of the Town of Picketing 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 therein, for storm drainage purposes. The Mayor and Clerk are hereby authorized to execute Transfers of Easement, in the form attached hereto as Schedule B, effecting the acquisition by The Corporation of the Town of Picketing of the interests referred to in subsection (I). BY-LAW read a first, second and third time and finally passed this,,6d~ day of May, 1991. TOWN CF PICKEf;~ING APPROVED AS TO FORM LEGAL DEPT. , Mayor Bn~ce Taylor~ SCHEDULE A THIS SUBDIVISION AGREEMENT made May 6, 1991. BETWEEN: COUGS INVESTMENTS (PICKERiNG) LTD. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS the Owner proposes to subdivide part of Original Road Allowance between Lots 20 and 21, Concession 2; Block 74, Plan 40M-1512; and part of Lot 20, Concession 2, all 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-88077, 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 1, 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 herehmfler expressed, the Parties hereto covenant and agree one with the other as follows: The lands affected by this Agreement (the "Lands") are Lots 1 to 89, both inclusive, Blocks 90 to 94, both inclusive, and Blocks 96 to 100, both inclusive, Plan 40M- , Pickering. CANCELLATION OF AGREEMENT 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. NOTICE (1) Any notice required 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 Limited 27 Buggey Lane R. R. #1 Picker'mg, Ontario L1V 2P8 and (b) in the case of the Town, to The Town Clerk The Corporation of the Town of Pickering Picketing 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 constmed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. Time shall be of the essence of this Agreemem. 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 subsequem 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 continue to be retained until the work provided for in this Agreemem 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. 10. (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 Director 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 worts 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 preliminazy acceptance 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 Wildwood Crescent and Strathmore Crescem to their full width. (2) 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. ROADS-PAVED (1) The Owner shall construct Wildwood Crescent and Strathmore Crescem. (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 shall erect and maintain adequate signs to warn all persons using Wildwood Crescent and Strathmore Crescent that the maintenance of they have 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. (1) The Owner shall construct curbs and gutters on Wildwood Crescent and Strathmore Crescent 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 driveway, the Owner shall construct a curb depression in the correct location and fill in the original curb depression. 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 1 of Schedule A: (a) adjacent to Block 102, Lots 40 to 44 and Block 94, on the south and east sides of Strathmore Crescent; (b) adjacent to Blocks 90 and 92 and Lots 1 to 8 on the east side of Wildwood Crescent; (c) adjacent to Lots 9 to 17 on the east side of Wildwood Crescent; (d) adjacent to Blocks I00, 99 and 98, Lot 18 and Block 101 on the south side of Wildwood Crescent; (e) adjacent to Lots 19 to 27 on the west side of Wildwood Crescent; (f) adjacent to Lots 28 to 39 on the west, south and east sides of Wildwood Crescent; and (g) adjacent to Lots 55 to 57 on the east side of Wildwood Crescent. -3- (2) (3) 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. The Owner shall maintain each sidewalk segment until it is formally accepted by the Town. 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 Picketing Hydro-Electric Commission, Pickering Cable T.V. Limited or Bell Canada, as the case may be. 16. (1) The Owner shall install street lights, including poles and other necessary appurtenances, on Wildwood Crescent and Strathmore Crescent in the plan. (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 Ouide 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. (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $4,550 as an engineering drawing inspection fee. (2) All works required to be constructed, maintained or repaired by the Owner, except those refen~d 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 INSURANCE 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 fonn 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. -4- 19. PERFORMANCE & MAINT~ANCE 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 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. (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 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 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 (17%) 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 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. STO~ATER CONTROL. 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 lands in the plan, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands in the plan to provide for the proper drainage thereof and the drainage of all adjacem lands which drain through the lands in the plan. -5- (2) (3) (4) (5) (6) 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 mn-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. The Grading Control Plan shall be reviewed in consultation with the Environmental Assessment Report referred to in subsection (I) 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. IL 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 necessa~'y 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. 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 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, -6- (2) (a) (b) (c) Blocks 95, 101 and 102 (walkways); Blocks 103 and 104 (Wildwood Crescent reserves); and Block 105 (Valley Farm Road reserve). Notwithstanding the provisions of subsection (1), above, 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. 23. 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 water drainage and management facilities both within the boundaries of the Lands and across lands adjacent thereto but outside those 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) Thc 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, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existing Services Where the construction of services herein involves a continuation to 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 f'tll 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 such authority of the Owner's compliance with the terms of sub-clause (i). (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Qualitative or Ouantitative 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. 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. -7- (f) S?cifications (g) (h) (i) (j) (k) Unless otherwise provided, to perform any work required to he done under this Agreement to the specifications of the Town in effect at the date hereof. 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. 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 he 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. Snow Plowing & Salting of Roads (i) If, in the opinion of the Director of Public Works, the condition of the road surface of Wildwood Crescent or Strathmore 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. (il) 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. 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 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 (l) 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 (b) 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 he 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 he 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 Wildwood Crescent and Strathmore Crescent are formally assumed by the Town. -8- 26. (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 architectural 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 Director's option, to provide the following information: (a) (b) (c) id) (e) (0 (g) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information reasonably required. (3) 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. (4) The plans and drawings referred to in subsection (3) may be required, at the Director's option, to provide the following information: (a) (b) (c) (d) (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 be, (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 Developrnent Charges Act 1989, $.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 $422,500 as security for the payments referred to in section 27 hereof. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) ~ 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. -9- (c) (d) 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. Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accoums 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 mad all costs in connection therewith. 30. EXPIRY OF SECURITIES (I) 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 purposes as any further security. 31. PROVISION OF PARKLAND (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $229,688 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland for the development of Lots 1 to 89 and Blocks 96 to 100. (2) The Town shall apply 0.02479 hectares of the 0.18290 hectare parkland credit available as of May 1, 1991, following the development of Plans 40M4488, 40M-1509, 40M-1510, 40M-1511, 40M-1526, 40M-1535 and 40M-1542, Picketing, in full satisfaction of the Owner's obligation to provide parkland for the development of, (a) (b) (c) (d) Blocks 90 to 94 in this plan; Blocks 108 to 110, Plan 40M-1413, Pickering; Blocks 60 and 61, Plan 40M-1488, Picketing; Block 40, Plan 40M-1510, Picketing; and Block 69, Plan 40M-1542, Pickering. 32. (1) The Owner shall plant on Wildwood Crescent and Strathmore Crescent adjacent to the Lands 130 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 130 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 Preservation Program indicating which existing trees on the Lands shall be preserved. - 10- (2) (3) (4) (5) (6) 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. 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 Progrmn is approved, the Owner shall not cormnence, 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 determined 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 tile tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedul~ 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 (PICKERING) LTD. Jeremiah F. Coughlan, President THE CORPORATION OF THE TOWN OF PICKERING 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 vixtue 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- TIME LIlVIIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS (1) In this section, 'preservicing' means the undertal~ing, 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 reservice" 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(3); and (d) submitted a Tree Preservation Program pursuant to section 34 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(3); and (e) submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in subsection 33(2). I~apite 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 any combination thereof, shall not require the prior written approval of the Town. The Owner shall complete all works, services and requirements under this Agreement, (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 (4) (5) -12- (6) (b) within two years of that date ff no preservicing (except preservicing lhnited 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 90 to 94 (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 II thereof, to provide the number of units set out in Column III thereof: 1. Block 90 Block 60, Plan 40M-1488, Picketing 1 Block 108, Plan 40M-1413, Picketing 2. Block 91 Block 61, Plan 40M-1488, Picketing 1 Block 109, Plan 40M-1413, Picketing 3. Block 92 Block 110, Plan 40M-1413, Pickering 1 4. Block 93 Block 69, Plan 40M-1542, Pickering 1 5. Block 94 Block 40, Plan 40M-1510, Picketing I (2) The development of the lands described in the Table in subsection (1) shall be govemed by the provisions of this Agreement. DWELLING UNIT COUNT (1) In the event that more than 130 dwelling units (82 single units - one each on Lots I to 9, 14 to 19, 23 to 74, and 80 to 89 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; 24 semi-detached units - two each on Lots 10 to 13, 20 to 22 and 75 to 79; and 24 single attached units - five each on Blocks 96, 97, 98 and 100 and four on Block 99) are to be constructed pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 130 dwelling unhs (as described in subsection 1) are to be constructed pursuant to this Agreement, (a) the amounts payable to the Town pursuant to sections 17(1) 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. TEMPORARY TURNING CIRCLES The Owner shall remove, at its sole expense, the temporary turning circles located immediately adjacent to this plan, (a) on Forsyth Lane, Plan 40M-1488, Picketing; (b) on Strathmore Crescent, Plan 40M-1512, Picketing; and (c) on Wildwood Crescent, Plan 40M-1542, Picketing, and replace them with permanent services as if they were roads in this plan. - 13- CONSTRUCTION TRAFFIC ACCESS (l) Construction traffic serving the development of this plan, including the construction of buildings therein, shall not use Wildwood Crescent, in Plan 40M-1542, Picketing, exce~ where such use is restricted to the actual construction, reconstruction, installation or connection of works and services on that street. (2) Vehicle barriers presently existing on Wildwood Crescent, in Plan 40M-1542, Picketing, shall remain in place until removal is authorized by the Town. WALKWAYS AND WALKWAY FENCING - BLOCKS 95. 101 and 102 (1) Despite any time limit otherwise applicable pursuant to section 1 of this Schedule, prior to the occupancy of the first dwelling unit to be occupied on Lots 18 or 19, the Owner shall, (a) construct a concrete walkway, including vehicle barriers, along the entire length of Block 101 from the street sidewalk to be constructed on Wildwood Crescent; and (b) erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the east and west boundaries of Block 101 with a gate across the south boundary of the block. (2) Despite any time limit otherwise applicable pursuant to section 1 of this Schedule, prior to the occupancy of the dwelling unit to be erected on Lot 40, the Owner shall, (a) construct a concrete walkway, including vehicle barriers, on Blocks 95 and 102 from the street sidewalk to be constructed on Stratlunore Crescent to the existing street sidewalk on Valley Farm Road; (b) erect a permanent galvanized chain link fence 1.8 metres high, having 0.05 metre 9 gauge mesh, along the south-east boundary of Block 102 and along the south-west boundary of Block 95; and (c) erect a permanent privacy wood fence, 1.8 metres high, along the south-west boundary of Lot 40. (3) 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 swimrnhlg 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. - 14- SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MLrNICIPAL1TY OF DURHAM The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by the conditions of draft approval issued on October 27, 1989 and amended on January 31, 1990, Janumy 16, 1991 and January 23, 1991, of Draft Plan 18T-88077 (herein called the "Approval") by the Commissioner of Planning of the Regional Municipality of Durham. Ontario Hydro requires that the Owner, (a) prior to the initiation of any grading or construction, erect a temporary fence along the edge of Ontario Hydro's right-of-way (sic); (b) install a permanent boundary fence after construction is completed along the boundary of this plan and Ontario Hydro lands to the satisfaction of Ontario Hydro; and (c) not use Ontario Hydro's property without written permission or obstruct Ontario Hydro access to the right-of-way (sic) and restore any damage to the right-of-way (sic) resulting from construction of the subdivision. MINISTRY OF THE ENVIRONMENT ("M.O.E.") M.O.E. requires that the Owner insert the following clause in the sale and purchase agreement for each lot: "Purchasers are advised that due to the proximity of the Brock West Landfill Site, odours may be of concern from time to time." lVlINISTRY OF NATURAL RESOURCES CM.N.R.") M.N.R. requires that the Owner, (1) carry out, or cause to be carried out, to the satisfaction of M.N.R., the recommendations referred to in the reports (sic) and plans as required in Condition 11 of the Approval; (2) maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to M.N.R. and to advise M.N.R. 48 hours prior to the commencement of grading or the initiation of any on-site works. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORalTY ¢"M.T.R.C.A.") M.T.R.C.A. requires that the Owner, (a) carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the reports (sic) and plans as required in Condition 10 of the Approval and apply for all necessary penxtits; (b) prior to the initiation of any grading or construction on the site, erect a temporary snow fence with filter cloth along the top-of-bank of all lots which abut the valley (sic). This barrier shall remain in place until all grading and construction on the site are completed; (c) submit individual lot, site and grading plans to M.T.R.C.A. for their (sic) review and approval for Lots 40 to 54, inclusive and Blocks 93 and 94. These plans shall be submitted prior to the issuance of building permits by the municipality (sic); and (d) not place fill, grade, construct any buildings or structures or interfere with the channel of the watercourse from top-of-bank to top-of-bank for (sic) Lots 40 to 54 and Blocks 93 and 94. -15- SC~ Db,']~ B on,a,,o Transfer/Deed of Land New Property Identifiers Fon~n 1 -- Lind Reglstratlo~ Reform AcL 19~4 See Schedule [] (1) Registry [] LandTlflee [] T(2) Pegel of (3) Property BlOCk Property Identlffef(s) (4) Consideration Dollars $ (5) Deecrlptlon Th*s is a: Property Property Division [] Consotidat~on [] (6) This (a) Redescription (b) Schedule for: I (7) Intemst/Eltate Tfansferred Additional I Fee Simple ContalnsD°cument Plan/SketchNeW Easement [] ; Description [] Parties [] Other [] (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that A Date of Signature .............................................................................. Y M D Name(s) Signature(s) >(9) SlX)uae(s) of Transferor(s) I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M O (10) Transferor(a) Address for Service k ~(11) Transferee(s) Date of B~rth ¥ M THE CORPORATIGN OF THE I ...~'.'~ 9~". i~!C~t~]G .......................... ~a~ A~c..hu~s, Hat,'or ............................................ 'Cib2 ............. ! ............ (12) Transferee(s) Address forSer~lce Pickering Civic Centre, One The Esplanade, Pickering, Ontario LIV 6K7 ~ (13) Trensferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the I Planning Act, 1983 Date of Signature Date of Signature S~gnature ...................................... : Sg a ute ....................... ~ Solicitor for Transferor(s) I have explained the effect of section 49 of the Planmng Act, 1983 to the transferor and I have made inquirie~ of the transferor ~; 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 Z~ 8nd belief, this transfer does not contravene that section I am an Ontario solicitor in good standing. Date of Signature ~DI Name and I Y ! M ; D o.J Address of ', ', O Solicitor S~gnature .... '"'!~I reveal no contravention as set out in subclause 49 (21a) c ii of the Planning Act 1983 and that to the best of my knowledge and belief this ~/E'~ ~Jl transfer does not contravene section 49 of the Planning Act 1983. I act independently of the solicitor for the transferor(s) and I am an Ontario c~/~ ~ ~1 solicitor in good standing. 'J?lName and Date of Signataro I '"~o E I Address of Y M ~ (15) A~e~ment Roll Number i Cry. of Property :' (16) Municipal Addrese of Properly Muni Map i Sub Par (17) Document Prepared by: C.M. Timothy Sheffield Town Solicitor Town of Pickering One The Esplanade Pickering, Ontario L1V 6~7 Fees and Tax Registration Fee }Land Transfer Ta.x Schedule Fomt S -- Land Regbtratlon Reform Act, 1~1 Page · A~dltk)~ld Prosody Identifier(s) ~d/or Other Inf~tlon INTEREST/ESTATE TRANSFERRED 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 oat 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. LAND 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.