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HomeMy WebLinkAboutBy-law 2503/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2503/87 Being a by-law to authorize the execution of two Subdivision Agreements respecting the develop- ment of Part Lot 21, Concession 2, Picketing (Draft Plan 18T-79004(R); Duffin Developments Inc. ). WHEREAS, Duffin Developments Inc. proposes to subdivide and register a plan of subdivision of Part Lot 21, Concession 2, Pickering; and WHEREAS, the proposal to subdivide and register a plan of subdivision of Part Lot 21, Concession 2, Pickering has been approved by the Council of The Corporation of the Town of Pickering and the Minister of Municipal Affairs and Housing subject to several conditions, one of which requires the entering into of satisfactory Subdivision Agreements with The Corporation of the Town of Picketing; 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 two Subdivision Agree- ments, in the form attached hereto as Schedules A and B, respecting the development of Lot 21, Concession 2, Picketing, included in Draft P]an 18T-79004(R) (Duffin Developments Inc.). BY-LAW read a first, second and third time and finally passed this 15th day of June, 1985. TOWI~ OF PICKERING APPROVED AS TO FOR,,";, Schedule A TilIS AGREEMENT made this 15th day of June, 1987. BETWEEN: DUFFIN DEVELOPMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and ~ DONALD ANNAN and CITIBANK CANADA hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part Lot 21, Concession 2, and part of the road allowance between Lots 20 and 21, Concession 2, in the Town of Picketing, in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-79004(R), as revised (north portion); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 93, inclusive, and Blocks 94 to 109, both inclusive, Plan 40M- ,Pickeringo both Z. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1987, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 4. INTERPRETATION (1) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "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 Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assiEns, 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town. and shall complete, perform or make payment for such other matters as may be provided for herein. 9. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out all the necessary engineering and to supervise generally the work required to be done for the development of the plan of subdivision. (2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE (1) The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (z) (3) (4) (5) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to 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 au- thorized prior to preliminary 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 to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision, The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS - PAVED The Owner shall construct the roads shown on the plan according to the Town's specifications for paved roads of the Town in effect at the date hereof. 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 the roads in the plan and adjacent to it that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption by the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shah maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fill in the original curb depression according to the specifications. 14. SIDEWALKS The Owner shall construct the following segment of sidewalk(s)/bicycle path(s) in accordance with the time limits set out in section I of Schedule A: (a) adjacent to Blocks 112 and I13 on the east side of Valley Farm Road. (2) The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Blocks 101 to 103, on the east side of Annan Woods Drive; (b) adjacent to Lots 81 to 88, on the north side of Dellbrook Avenue; (c) adjacent to Block 99 and Lots 72 to 80, on the south side of Dellbrook Avenue; (d) adjacent to Block 98 and Lots 89 to 93, on the south side of Harrowsmith Court; (e) adjacent to Lots 71, 39 to 57 and Block 108 on the east side of Somergrove Crescent; and (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each street in the plan and on Valley Farm Road adjacent to 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 Guide to Municipal Standard Construction. (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing tlydro-Electric Commission. 17. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $3,535 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 18. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town 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 lind to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement: (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of 2 years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. (z) 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 5 (4) (iii) ali liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and (c) seventeen per cent (17%) of the original value where, (t) 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 pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (i) 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 plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this 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 Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public Works and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. The Owner shall sod the front, side and rear yards of each of the res- idential lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 6 21. INCOMPLETED OR FAULTY WORK (i) 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 he completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such case, the said Director of Public Works shall promptly notify the Owner and his surety in writing of such default or neglect and if such notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (2) In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. (4) It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Annan Woods Drive, Dellbrook Avenue, Harrowsmith Court and Somergrove Crescent as public highways, upon the registration of the plan. 23. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of (a) (b) (c) (d) (e) Block 111 (Annan Woods Drive reserve)I Block 115 (Dellbrook Avenue reserve)I Block 114 (Harrowsmith Court reserve)i Blocks 110 and 116 (Somergrove Crescent reserves)i Blocks 112 and 113 (Valley Farm Road reserves). Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (i) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the 7 (z) (~) boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Pavinl{ 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 fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario Hydro 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) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Oualitative 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. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost 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. 8 (g) Specifications Unless otherwise provided, to perform any work required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (1) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Engineering Drawinge Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. (k) Snow Plowin~ & Sandin~ of Roads (1) (t) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access Where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works for winter control. ~uryey 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 eubdivision work, he has found all standard iron bars as shown on the registered plan. and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan, 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (z) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric eervice is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and 9 (4) (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 101 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- torts option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information 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) These plans and drawings may be required, at the Director's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) 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 accept- able to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 29. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $2.000 per unit if paid on or before December 31, 1987, $2,500 per unit if paid after December 31, 1987 but on or before July 31, 1988 and $2,750 per unit if paid after July 31, 1988, for each dwelling unit to be erected in the plan, each payment to be made when the building permit for the unit is issued. No building permit shall he issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. 10 (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 30. 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 $277,750 as security for the payments referred to in section 29 hereof. 31. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen 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. (d) Registration Fees To pay all registration costs incurred hy the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims 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 subdivi- sion, 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. 32. EXPIRY OF SECURITIES Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take 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. 11 33. FENCING (1) The Owner shall erect, within one year of the date of registration of the plan, a permanent privacy wood fence 1.8 metres high, (a) on Block 112 from its south limit to a point opposite the north-west corner of the nearest dwelling to be erected on Lot 8O; (b) on Block 113 from a point opposite the south-west corner of the nearest dwelling to be erected on Lot 81 to the north limit of Block 113. (2) The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or except the requirements for swimming pool enclosures as set out in Part II of the Town's By-law 425/76, as amended from time to time, or any successor thereto. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 101 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 101 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 36. TREE PRESERVATION (i) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at no cost to the Town. 12 (6) The Owner's liability under subsection (5) shall continue until. (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or 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 said Parties have hereunto affixed their corporate seals attested to by the hands of their proper officers in that behalf fully authorized, and Donald Annan has hereunto set his hand and seal. SIGNED, SEALED & DELIVERED DUFFIN DEVELOPMENTS INC. TH?.C~RA~~.,,~.~./u4..~..~ k_..-~-~..-~~OF THE TOWN OF PICKERING 13 ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument of document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED CITIBANK CANADA ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument of document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED In the presence of DONALD ANNAN 14 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSIIIP & MATERIALS Subject to the provisions of sections 14(2) and 34 of this Agreement, the Owner shall complete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. 2. TEMPORARY TURNING CIRCLES (1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Dellbrook Avenue, immedi- ately west of Block 115. (2) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent lands warrants it, the Director of Public Works may waive the con- struction of the turning circle, at his sole discretion, if that sequence does not warrant it. 3. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. 4. STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report. CO-ORDINATED FUTURE DEVELOPMENT (1) Blocks 95 to 97 shall be held for future residential development in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted subject to conditions, one of which may require certain amendments to be made to this Agreement. (2) Until such time as the Blocks referred to in subsection (1) are developed in accordance therewith, the Owner shall maintain them in a clean and orderly condition to the satisfaction of the Town. (3) The Blocks set out in Column I of the following Table shall be developed only in conjunction with the lands described in Golumn II thereof, to provide the number of units set out in Golumn III thereof: A-1 (4) (5) Table Item Column I Column II Column III 1. Block 94 Block 73, 18T-79004-2A* 1 2. Block 98 Block 72, 18T-79088-2A* 1 3. Block 99 Block 70, 18T-79088-2A* 1 4. Block 100 Block 69, 18T-79088-2A* 1 5. Block 101 Block 68, 18T-79088-2A* 1 6. Block 102 Block 67, 18T-790BB-ZA* 1 ?. Block 103 Block 66, 18T-?9088-2A* 1 8. Block 104 Block 65, lBT-?9088-ZA* 1 9. Block 105 Block 64, 18T-?9088-2A* 1 10. Block 106 Block 63, 18T-?9088-ZA* 1 11. Block 107 Block 62, 18T-?9088-2A* 1 lZ. Block 108 Block 61, 18T-79088-ZA* 1 13. Block 109 Block 60, 18T-?9088-2A* 1 * 40M-Plan phase numbers, 18T-79088 The development of the lands described in Items 2, 3, 4, 8, 9, 10, 11 and 12 of the Table shall be governed by the provisions of this Agreement. The development of the lands described in Items 1, 5, 6, 7 and 13 of the Table shall be governed by the provisions of the Subdivision Agreement dated April 21, 1987, respecting Draft Plan 18T-79088 (Phase 2A). BUILDING PERMITS - DELAYED APPLICATION Despite any other provisions of this Agreement, the Owner shall not apply for a building permit for the construction of any building, (a) on Blocks 95 to 97, until the provisions of section 5(1) of this Schedule have been complied with; (b) on Lots 1 to 71, 89 to 93, Blocks 94 and 98 to 109 until the 40M-Plan for Phase 2A of Draft Plan 18T-79088 has been registered. 7. DELLBROOK AVENUE (i) Within 14 days of the date of execution by the Owner of this Agreement, the Owner shall provide to the Town a Transfer of Dellbrook Avenue to be held by the Town and registered by it only if this plan is not regis- tered on or before Phase 2A of Draft Plan 18T-79088. (2) At the time the Owner provides this Transfer, it shall also provide to the Town a performance and maintenance security under Section 19 of this Agreement relating to the construction of roads and other municipal services on Dellbrook Avenue, upon which the Town may draw to com- pensate it for the costs of construction by it of the road and services if the Town, in its sole opinion, determines that such construction is neces- sary to facilitate the development of registered portions of Draft Plan 18T-79088. (3) Any security provided by the Owner under subsection (2) shall be sur- rendered by the Town upon the registration of this plan, or in accor- dance with the provisions of section 19 of this Agreement, whichever first occurs, A-2 8. VALLEY FARM ROAD The Owner shall complete the construction of a municipal roadway and all other municipal services for which engineering drawings have been approved on Valley Farm Road in accordance with the terms of this Agreement as if Valley Farm Road were a road within the boundaries of the plan. 9. PLAN REGISTRATION The Owner shall register this plan on the same day that it registers the plan for the south portion of Draft Plan 18T-79004, A-3 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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 dated February 18, 1082, of Draft Plan 18T-79004 (Revised) by the Minister of Municipal Affairs and Housing and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner what- soever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.'') (1) The Owner shall 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 by Condition No. 16 of the draft approval of this plan dated February ]8, 1982, by the Minister of Municipal Affairs and Housing. (2) Prior to the initiation of any grading or construction on the site, the Owner shall erect a temporary snow fence or other suitable barrier along the top of the bank of the valley as defined by M.T.R.C.A.; this barrier shall remain in place until all grading and construction on the site are completed. (3) The Owner shall not place fill, grade, construct any buildings or struc- tures on or interfere with the channel of any watercourse without prior written approvals being received from M.T.R.C.A. DURHAM BOARD OF EDUCATION The purchasers shall be advised at the time of Offer of Purchase and Sale that although a school site is proposed within the adjacent development, students may be transported to existing schools and that a school may not be built for several years any only then if it is justified to the satisfaction of the Ministry of Education. e MINISTRY OF THE ENVIRONMENT ("M.O.E.") The Purchasers of Lots 6 to 30, 80, 81, 93 and Block 97 shall be advised at the time of Offer of Purchase and Sale that "due to increasing traffic volumes on Valley Farm Road, noise levels on this property may become of concern and occasionally interfere with some activities of dwelling occupants". B-1 Schedule B TillS AGREEMENT made this 15th day of June, 1987. BETWEEN: DUFFIN DEVELOPMENTS INC. hereinafter called the "Owner" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART, - and - DONALD ANNAN and CITIBANK CANADA hereinafter collectively called the "Encumbrancer" OF THE THIRD PART. WHEREAS, the Owner proposes to subdivide part Lot 21, Concession 2, and part of the road allowance between Lots 20 and 21, Concession 2, in the Town of Picketing, in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-79004(R), as revised (south portion); NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties hereto covenant and agree one with the other as follows: LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 73, inclusive, and Blocks 74 to 86, both inclusive, Plan 40M- , Picketing. both 2. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1987, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void and of no further effect, and the Town shall not be liable for any expenses, costs or damages suffered by the Owner as a result thereof. 3. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business and shall he effective as of the second day immediately following the date of the deposit thereof in the Post Office, 4. INTERPRETATION (i) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them" respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A and B attached hereto shall form part of this Agreement. TIME Time shall be of the essence of this Agreement. BINDING PARTIES This Agreement and everything herein contained shah enure to the benefit of and be binding upon the Parties hereto, their successors and assigns. 7. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the Lands, or any part thereof, to enter upon the Lands in order to comply with the provisions of this Agreement. 8. OWNER'S GENERAL UNDERTAKING The Owner shall complete at its own expense and in a good workmanlike man- ner, for the Town, all the municipal services as hereinafter set forth to the satisfaction of the Town, 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. Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. 10. STORM DRAINAGE The Owner shall construct a complete storm water drainage and manage- ment system, including storm connections to the street line and catch basin leads to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (3) (4) Such system shall be constructed to an outlet or outlets according to designs approved h¥ the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to 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 au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 11. ROADS - ROUGH GRADE (]) Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. 12. ROADS ~ PAVED (1) The Owner shall construct the roads shown on the plan according to the Town's specifications for paved roads of the Town in effect at the date hereof. 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. The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan and adjacent to it that the maintenance of them has not been assumed by the Town from the time that they are opened until formal assumption hy the Town. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 13. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 12, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the correct location and fi]l in the original curb depression according to the specifications. 14. SIDEWALKS (1) The Owner shall construct the following segments of sidewalk in accordance with the time limits set out in section 1 of Schedule A: (a) adjacent to Blocks 76 and 78 on the south side of Greenmount Street; and (b) adjacent to Blocks 92 and 93, on the east side of Valley Farm Road. The Owner shall construct the following segments of sidewalk, in each case prior to the occupancy of any dwelling unit on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Block 75 and Blocks 83 to 86, on the east side of Denvale Drive; (b) adjacent to Lots 67 to 73 and Block 77, on the north side of Greenmount Street; and (c) adjacent to Lots 66 to 52, on the south and east sides of Strathmore Crescent. (3) The Owner shall maintain each sidewalk segment until it is formally ac- cepted by the Town. 15. ELECTRICAL SERVICES Where electricity, cable television service or telephone service is to be provided to any lot or block in the plan, it shall be provided underground and in accor- dance with the standards and specifications of Picketing Hydro-Electric Commis- sion, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 16. STREET LIGHTING (1) The Owner shall install street lights, including poles and other necessary appurtenances, on each street in the plan and on Valley Farm Road adjacent to 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 Guide to Municipal Standard Construction, (4) The installation of street lighting and its related services shall be under the supervision and inspection of Picketing Hydro-Electric Commission. 17. INSPECTIONS Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2,730 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 15 and 16, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within 30 days of invoices being rendered. (3) The costs referred to in subsection (2) may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and adminis- tration fees. 4 18. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, naming the Town as an insured and indemnifying the Town 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. (~) 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 tl~e premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 19. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section 17 of this Agreement; (c) guaranteeing the payment of any amount that the Town may be required to pay under the provisions of the Construction Lien Act, 1983, and (d) guaranteeing all works, workmanship and materials for a period of Z years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Public Works. The Owner may, at any time after the first 50%, in value, of works have been constructe'd, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town (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 5 (4) (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into courtl and (c) seventeen per cent (17%) of the original value where, (i) a certificate of final completion has been made by the Owner's consulting engineers (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 pay- ment into court; which seventeen per cent (17%) portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the security shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein and prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this 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 Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Directors of Public ~orks and Parks and Recreation and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Gonsulting Engineer. (4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. The Owner shall sod the front, side and rear yards of each of the res- idential lots and blocks except for paved, planted or treed areas, upon the completion of the construction of buildings thereon. 6 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 notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authority to purchase such materials, tools and machinery and to employ such workmen as in his opinion shall be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. (z) In cases of emergency, in the opinion of the Director such work may be done without prior notice but the forthwith notified, of Public Works, Owner shall be (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of twenty per cent (20%) of the labour and material value, and fur- ther, a fee of thirty per cent (30%) of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 22. DEDICATIONS The Owner shall dedicate Denvale Drive, Greenmount Street Crescent as public highways, upon the registration of the plan. and Strathmore 25. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration thereof, all of (a) Blocks 88, 89 and 90 (Denvale Drive reserves); (b) Block 87 (Greenmount Street reserve); (c) Block 91 (Strathmore Crescent reserve); (d) Blocks 92 and 93 (Valley Farm Road reserves). (2) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 24. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public Works or his designate shall deem necessary for the provision of storm sewer services both within the 7 (~) (3) boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. 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. 25. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existin~ 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 fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario Hydro 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) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opmen..t of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town, (f) Relocation of Services (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 utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. ( g ) Specifications Unless otherwise provided, under this Agreement to the date hereof. (h) Temporary Signs to perform any work required to be done specifications of the Town in effect at the To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. (j) Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. (k) Snow Plowing & Sanding of Roads (1) (i) If, in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Townts winter control service, including alternate means of access where available. (ii) Such snow plowing and sanding shall be done from time to time when the Director of Public Works deems conditions warrant and until such time as the roads are acceptable to the Director of Public Works 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 all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 26. CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) No building permit shall be issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public i~/orks, capable of providing adequate service. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (4) (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 27. DWELLING UNITS In the event that more or less than 78 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 28. DESIGN PLANNING (1) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Townts Director of Planning, for approval, a report outlining siting and architec- tural design objectives for the subdivision, which approval shall not be unreasonably withheld. (2) The report referred to in subsection (1) may be required, at the Direc- tor's option, to provide the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) house massing ~ streetscape; exterior materials and colours; architectural style; visual variety~ energy conservation measures~ and any other data or information 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) These plans and drawings may be required, at the Director's option, to provide the following information: (ii) (iii) (iv) (v) (vi) 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 accept- able to the Director~ streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 29. FINANCIAL PAYMENTS (D The Owner shall pay to the Town a unit levy in the amount of $2,000 per unit if paid on or before December 31, 1987, $2,500 per unit if paid after December 31, 1987 but on or before July 31, 1988 and $2,750 per unit if paid after July 31, 1988, for each dwelling unit to be erected in the plan, each payment to be made when the building permit for the unit is issued. (z) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time as building permits are required. 10 (4) (5) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than 18 months from the date of registration of the plan. A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a release of this section for the ]ands referred to in the said letter. 30. 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 $214,500 as security for the payments referred to in section 29 hereof. 31. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. (b) Local Improvements Prior to the release of the plan for registration, lng local improvement charges which are levied in the plan of subdivision. to prepay any outstand- against any of the lands (c) 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. (d) Re[~istration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (e) Lien or Other Claims 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 subdivi- sion, 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. 32. EXPIRY OF SECURITIES (1) Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take 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. 11 33. PROVISION OF PARKLAND Within 30 days of the registration of this plan, the Owner shall convey to the Town, at no cost to the Town and free and clear of all encumbrances, Part 2, Plan 40R-8783, Parts 3, 4 and 5, Plan 40R-8784, that part of Part 1, Plan 40R-8784 lying west of West Duffins Creek and a one metre right-of-way over that part of Part 1, Plan 40R-8784, immediately adjacent to the east bank of West Duffins Creek, in full satisfaction of the Owner's obligation to convey parkland to the Town respecting this portion and the north portion of Draft Plan 18T-79004(R). 34. FENCING (i) The Owner shall erect, within one year of the date of registration of this plan, a permanent privacy wood fence 1.8 metres high, (a) on Block 93 adjacent to Block 74 and Lots 1 to 28; (b) on the boundary of Block 76 adjacent to Lots 29 to 33 and Blocks 78 to 80; (c) on Block 92 from a point opposite the south-west corner of the nearest dwelling to be erected on Lot 67 to the north limit of Block 92. The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or except the requirements for swimming pool enclosures as set out in Part II of the Town's By-law 425/76, as amended from time to time, or any successor thereto. 35. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 78 trees of a size and type acceptable to the Town. 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 78 trees to be planted, the Owner shall pay to the Town $100 for every tree which cannot be planted for tree planting in a public land area within the community in which the plan is located. 36. TREE PRESERVATION (i) The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved. The Program shall be submitted to the Director of Planning for review and approval, and, once approved, shall be implemented as approved only. (3) In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. (4) Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. 12 (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5) shall continue until, where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of the sodding on the lot, or (b) where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section 1 of Schedule A of this Agreement. IN WITNESS WHEREOF, the said Parties have hereunto affixed their corporate seals attested to by the hands of their proper officers in that behalf fully authorized, and Donald Annan has hereunto set his hand and seal. SIGNED, SEALED & DELIVERED DUFFIN DEVELOPMENTS INC. Brut~ E. Anderson, ~[ayor ce Taylor, Clerk ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument of document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED CITIBANK CANADA ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument of document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at , , 1987. SIGNED, SEALED & DELIVERED In the presence of DONALD ANNAN 14 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of sections 14(2) and 34 of this Agreement, the Owner shall complete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shall guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. TEMPORARY TURNING CIRCLES (i) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree- ment, the Owner shall construct, at its sole expense and to the Town's specifications, a temporary turning circle on Greenmount Street, immedi- ately west of Block 87. (z) The Owner shall remove, at its sole expense and to the Town's specifica- tions, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. (3) As the temporary turning circle referred to in subsection (1) will be required only if the sequence of construction in this plan and adjacent lands warrants it, the Director of Public Works may waive the con- struction of the turning circle, at his sole discretion, if that sequence does not warrant it. DEMOLITION OF EXISTING BUILDINGS All buildings and structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit, STORM WATER MANAGEMENT & WELLS The Owner shall submit to the Town, before the commencement of construction, a report of its consulting engineer indicating what effect, if any, storm water management, site grading and services installation on site will have on existing vegetation and wells on abutting lands and shall undertake and guarantee any works determined to be necessary in that report, CO-ORDINATED FUTURE DEVELOPMENT (1) Block 74 shall be held for future residential development in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted sub- ject to conditions, one of which may require certain amendments to be made to this Agreement. (2) Until such time as Block 74 is developed in accordance with subsection (1), the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. (3) The blocks set out in Column I of the following Table shall be developed only in conjunction with the lands described in Column II thereof, to provide the number of units set out in Column III thereof: A-1 (4) (5) Table Item Column I Column II Column III 1. Block 75 Block 45, 18T-79058-2B* 1 2. Block 77 Block 51, 18T-79088-2B* 1 3. Block 78 Block 50, 18T-79088-2B* 1 4. Block 79 Block 49, 18T-79088-2B* 1 5. Block g0 Block 48, lgT-79088-2B* 1 6. Block 81 Block 47, 18T-79088-2B* 1 7. Block 82 Block 46, 18T-79088-2B* 1 8. Block 83 Block 44, 18T-79088-2B* 1 9. Block 84 Block 43, 18T-79088-2B* 1 10. Block 85 Block 42, ]ST-79088-2B* 1 11. Block 86 Block 41, 18T-79088-2B* 1 * 40M-Plan phase numbers, 18T-79088 The development of the lands described in Items 3, 4, 5, 6 and 7 of the Table shall be governed by the provisions of this Agreement. The development of the lands described in Items 1, 2, 8, 9, 10 and 11 of the Table shall be governed by the provisions of the Subdivision Agreement dated April 21, 1987, respecting Draft Plan 18T-79088 (Phase ZB). 6. BUILDING PERMITS - DELAYED APPLICATION Despite any other provisions of this Agreement, the Owner shall not apply for a building permit for the construction of any building, (a) on Block 74, until the provisions of section 5(1) of this Schedule have been complied with; (b) on Lots 1 to 66, Blocks 75 and 77 to 86 until the 40M-Plan for Phase 2B of Draft Plan 18T-79088 has been registered. 7. PRIVATE OPEN SPACE ACCESS Within 30 days of the registration of the documents necessary to effect the conveyance referred to in section 33 of this Agreement, the Town shall convey to the Owner, free and clear of all encumbrances and at no cost to the Town, a right-of-way over Part 4, Plan 40R-8784 for the purpose of providing pedes- trian and vehicular access between Valley Farm Road and Part 1, Plan 40R-8784. 8. GREENMOUNT STREET (1) Within 14 days of the date of execution by the Owner of this Agreement, the Owner shall provide to the Town a Transfer of Greenmount Street to be held by the Town and registered by it only if this plan is not regis- tered on or before Phase 2B of Draft Plan 18T-79088. (z) At the time the Owner provides this Transfer, it shall also provide to the Town a performance and maintenance security under Section 19 of this Agreement relating to the construction of roads and other municipal services on Greenmount Street, upon which the Town may draw to com- pensate it for the costs of construction by it of the road and services if the Town, in its sole opinion, determines that such construction is neces- sary to facilitate the development of registered portions of Draft Plan 18T-79088. A-2 (3) Any security provided by the Owner under subsection (2) shall be sur- rendered hy the Town upon the registration of this plan, or in accor- dance with the provisions of section 19 of this Agreement, whichever first OCCURS, 9. VALLEY FARM ROAD The Owner shall complete the construction of a municipal roadway and all other municipal services for which engineering drawings have been approved on Valley Farm Road in accordance with the terms of this Agreement as if Valley Farm Road were a road within the boundaries of the plan. 10. PLAN REGISTRATION The Owner shall register this plan on the same day that it registers for the north portion of Draft Plan 18T-79004. the plan A-3 SCHEDULE B SPECIAL PROVISIONS REQUIRED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING 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 dated February 18, 1982, of Draft Plan 18T-79004 (Revised) by the Minister of Municipal Affairs and Housing and these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner what- soever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (i) The Owner shall 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 by Condition No. 16 of the draft approval of this plan dated February 18, 1982, by the Minister of Municipal Affairs and Housing. (z) Prior to the initiation of any grading or construction on the site, the Owner shall erect a temporary snow fence or other suitable barrier along the top of the bank of the valley as defined by M.T.R.C.A.; this barrier shall remain in place until all grading and construction on the site are completed. (3) The Owner shall provide for the future acquisition of that part of Part 1, Plan 40R-8784 being east of West Duffins Creek by M.T.R.C.A. (4) The Owner shall not place fill, grade, construct any buildings or struc- tures on or interfere with the channel of any watercourse without prior written approvals being received from M. T. R. C. A. DURHAM BOARD OF EDUCATION The purchasers shall be advised at the time of Offer of Purchase and Sale that although a school site is proposed within the adjacent development, students may be transported to existing schools and that a school may not be built for several years any only then if it is justified to the satisfaction of the Ministry of Education. 4. MINISTRY OF THE ENVIRONMENT ("M.O.E.") The Purchasers of Block 74, Lots 1 to 28 and Lot 67 shall be advised at the time of Offer of Purchase and Sale that '~due to increasing traffic volumes on Valley Farm Road, noise levels on this property may become of concern and occasionally interfere with some activities of dwelling occupants". B-1